Hey mates,
Sorry for off topic, but I've just got hoaxed by someone by adding one of my email addy to quite a number of newsletter lists, manually. Though most of them are on opt-in nicely. Seems like I've tread on someones toes lately.
However, I am quite curious who it was or, at least, how far infos can be discovered. I know, that a legal complaint must be opened that information can be disclosed. But what is the reason for the complaint? Rather not "Urkundenfälschung" I guess, but what?
Anyone has similar experience and is able to share? Or an advice for the complaint? Thanks for your PM.
Best regards, - Dan
PS: None of the "Welcome" mails disclose the source IP in any part of the message.
Hi Dan,
Except "Belästigung" I don't think you can do much and unfortunately, I doubt it's even going to be worth your time. The question is, what are you hoping for?
Three steps to even get anywhere:
1) Someone must disclose the IP - if the mailinglists are off-country it gets difficult, and also here. This is not an ususal ÜPF Anfrage anyway, as it's not for an "Adressing element" in the first place... so you need to get this IP 2) A Staatsanwalt needs to sign the paperwork to get it to the ÜPF Folks 3) the concerning ISP (given it's a swiss IP anyway) must have logs at all....
tbh, it's no doubt a nuisance, but ... yeah. Not much you can do.
on the other hand - and if you have, which I hope, if you're on this mailinglist, opposed the revision for the ÜPF Revision, and hopefulle had tried to help and signed the Referendum, what you're currently suggesting is that you now want to make use of the surveillance instrument :)
Just my thoughts on this....
BR Silvan
----- Ursprüngliche Mail ----- Von: "Daniel Kamm" ylz@ylz.ch An: swinog@swinog.ch Gesendet: Donnerstag, 18. Mai 2017 21:13:41 Betreff: [swinog] Advice after hoax
Hey mates,
Sorry for off topic, but I've just got hoaxed by someone by adding one of my email addy to quite a number of newsletter lists, manually. Though most of them are on opt-in nicely. Seems like I've tread on someones toes lately.
However, I am quite curious who it was or, at least, how far infos can be discovered. I know, that a legal complaint must be opened that information can be disclosed. But what is the reason for the complaint? Rather not "Urkundenfälschung" I guess, but what?
Anyone has similar experience and is able to share? Or an advice for the complaint? Thanks for your PM.
Best regards, - Dan
PS: None of the "Welcome" mails disclose the source IP in any part of the message.
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Hi Dan
Operating anti-spam blacklists, adding my email address to all kind of newsletters, online contests etc. apparently is a common revenge from spamers who get listed. Unfortunately too many ESP operators still don't understand that 'real' double opt-in would solve the issue.
According to the Swiss 'Datenschutzgesetz' you can ask the sender of a newsletter or unwanted email advertizement to send you all the information related to your email address from his database including the IP address and time from which the subscription happened. This works quite well with companies within switzerland and the EU.
As, at least in switzerland, an operator of a newsletter, has to provide proof of opt-in, this is the proof he has to provide.
With that information, you can send a complaint to the ISP operating the said IP address and hope that he will issue a warning to his customer, or you could try to get legal actions against that ISP's customer for identity theft or Urkundenfälschung as you said.
-Benoît Panizzon-