In message <1120483034.3837.34.camel@???>, Nigel Metheringham
<nigel.metheringham@???> writes
>Oh - and since you are presumably in Germany you really *must* check the
>legal situation. I think there is a reasonable chance that blindly
>replying to email that you have a good reason to believe is forged could
>well get in you in breach of EU legislation.
The only reason for responding would be to advertise your existence (as
Nigel pointed out, viruses almost invariably forge the source; the only
exception currently in the wild is Swen.a which is now very rare).
So the regulator should be treating the message as unsolicited marketing
email; which is forbidden by EU Directive...
In the UK my usual letter on the topic picks out the following three
specific infringements committed by a "you sent me a virus but my system
was clever enough to stop it" email
* The subject line is misleading which is forbidden by s17 of SI 2002
No. 2013 "The Electronic Commerce (EC Directive) Regulations 2002".
* I have not given you permission to send me unsolicited marketing
material, nor am I a customer of yours, so you are infringing s22 of
SI 2003 No. 2426 "The Privacy and Electronic Communications (EC
Directive) Regulations 2003".
* You have not provided a valid address to which I can send a request
that unsolicited direct marketing material ceases, which infringes
s23 of SI 2003 No. 2426.
other jurisdictions will differ (but in the EU, only in the detail) ...
- --
richard @ highwayman . com "Nothing seems the same
Still you never see the change from day to day
And no-one notices the customs slip away"
