Great Circle Associates List-Managers
(January 2003)
 

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Subject: Re: Check out AOL Users Missing Email??
From: "Anne P. Mitchell, Esq." <amitchell @ habeas . com>
Organization: Habeas - the email you want
Date: Mon, 27 Jan 2003 11:18:14 -0800
To: list-managers @ greatcircle . com
In-reply-to: <17463 . 1043693675 @ kanga . nu>
References: Message from Loek Jehee <loekjehe @ xs4all . nl> "of Mon, 27 Jan 2003 19:11:27 +0100." <a05210206ba5b1f50fe8e @ [24 . 132 . 50 . 105]>


> Bollocks.  AOL has no particular legal requirement to deliver email to
> anyone, and does so to any extent, only because they wish to.  Email
> is not paper mail and so is not subject to the normal legalities that
> relate to interfering with or impeding the delivery of mail.
> 
> Look at your ToS and service agreement.
> 
> > Maybe we should get into legal action. Any lawyers on this list?

I'm a lawyer (but please don't hold it against me), and JC is right.  
At least, from the *sender's* perspective.  AOL is under no 
obligation to the *sender* to deliver their email.  

If there is a cause of action at all, it would lay with the AOL users - 
the intended recipients - they may have a cause based on AOL's 
failure to transit and deliver email which they requested.  That would 
depend in large part on whether AOL has anywhere stated that user 
services include delivery of email, but there *could* be an "industry 
standard/expectation" tort in there, as well.

Anne (So  much for sitting on my hands, eh?)






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