Changing mail headers

[extort]

I've written an application that does this and then sends out the email, but before I host it on a site, I would like to know about the legalities of changing mail headers.... From what I've read it's a bit sketchy and I still haven't figured out if it's legal or not. I wouldn't really mind if I'd have to start hosting from a server in Sweden, but for arguments sake, does anybody know if it's legal in Canada/US?

[Dan]

It is legeal. However if you make it public it could be used for spam witch is not legeal in some conutrys.

Also it could get your server black listed by some spam dectetion services. This means any e-mails coming from your server whould be marked as spam or not devliered at all.

[extort]

Thanks for your response.

I was planning on making it public
So any virtual hosting would probably ban me for getting the server blacklisted then?

The free hosting that was testing my application on already got marked as spam by hotmail (before i started hosting there .... it wasn't my fault i swear) But it was one of the only free hosting sites i could find with php mail() enabled.

However, you say that changing the headers is legal, but using it for spam is not. If I were to make the app public, and then post a warning saying that I am not responsible for how the visitors choose to use the site, would i be held responsible?

Also, I see how this application can be used for malicious purposes... i have written a script that logs all the parameters of the email to a database including the IP of the visitor who sent them.

What would be your suggestion on how to get this site public, working, and still not to be held responsible for ill-doings of others?

[rdrake]

If you were to limit the number of e-mails over a certain amount of time a person from a specific IP could send I don't see there being much potential for abuse.

[extort]

Mailbombing-wise, you are correct, but abusing it in the sense of say, sending an email to an important government official from his/her spouse saying some crap would still be abuse...

Like would doing the latter be legal?
If enough people declare emails from my server to be spam, eventually it will be blocked as spam.
And if people send in bulk to one address the same thing will happen..

Can you guys think of any other way that the site would be rendered useless/be shutdown because of legalities/other stuff?

[Tony]

Emailing threats and/or abuse while pretending to be someone else? It at least should be illegal

Though that doesn't really matter - your headers will not match your server's DNS records, and without such your mail will not be authenticated and will most likely end up in spam. Or at least marked as "unauthenticated".

[extort]

I've already tested it.

It works with Gmail, Yahoo, Sympatico, and Windows Live mail... just not regular hotmail.

But before i make it public, i want to be sure about the legalities.

Still, if threatening somebody and abusing them is illegal i'm not the one doing it, i'm only the person supplying the means to do so. Would I be held responsible if even if I kept records do you think?

[extort]

Apparantly changing email headers is illegal in the US. (Not sure about Canada though).... according to this :
http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm

I haven't read the whole thing, but is that just for Commercial emails? or does it apply to personal emails too?

No matter, my question is now; If changing the header information is illegal, does me providing the means to do so make the website illegal? This may be worded pretty horribly. But personally, i'm not changing headers, i'm only supplying a way to change them, and making it available to the public.

Also, does anybody know of the laws on changing headers in Canada? Or in other countries. I'm hoping to just find a country where it's legal and just rent a server there.

edit: Yeah, apprantly that's just for businesses. If Dan is right about changing the headers being legal I will be very happy. does anyone know the laws on this for US/Canada.... (or any other countries for that matter)

[Tony]

I don't know about the Canadian law on this issue. What you should consider is the wording you use around your tool. Even if the tool itself is legal, promoting it to use for illegal purposes (such as to mail out spam) could get you in trouble. If you can think of a legit use as to why someone might need to pretend to own an arbitrary address, then you could always plead ignorance.

[Nick]

how bout use for a site to deliver mail to it's user's... i think i understand just to make sure though this program delivers emails to anyone on a list that uve got... or something like that

[Dan]

In the US giving some one the tecngogly to break encription/copyright law or comit other computer crimes is illgeal by the meliume act.

However i do not think it is illgeal at all in canada. I am not a legeal experet tho.