Spam is a major problem and we do need a solution. However, I think that some of the blacklists designed to stop junk email are adding to the difficulties.

Most of the organisers and volunteers behind the blacklists are dedicated enthusiasts who want to make the internet a less irritating place for us all. But there are some who seem to have appointed themselves as the internet police, and they are not held accountable when they discriminate unfairly. If the internet is like the Wild West then someone needs to run these fake sheriffs out of town.

What made me come to this conclusion? Like a large number of broadband users I have a dynamic IP address. In the middle of March, over three months ago, there was one automated report of suspicious spamming activity from the IP address that I am now using (thanks to yet another service outage from my own ISP). The first I heard of it was when my mail server generated an undeliverable message.

I followed this back to a blacklist. Through my own ignorance I had to ask for help, which was promptly given. I learnt a lot and followed the procedures to get my address removed from the blacklist in question. I came away with quite a bit of respect for what the blacklist compilers are doing.

Then of course I hit yet another blacklist, seemingly sharing the same data. This time I was left in utter frustration and, to be honest, fuming. The people behind this particular system made the bold statement that if you are using a dynamic IP address then do not bother contacting them as they are not interested, so I did not.

This raises questions of accountability and reasonableness. The second blacklist failed on both counts and should therefore be shut down in my opinion. As both a lawyer and a citizen I expect the rules of natural justice to be followed at all times. That means I should have the right to be heard and I should be treated equally. The people behind the second blacklist failed to do either.

Anyone can create a blacklist and many who do so provide a valuable service. However, ISP's and businesses should think carefully about which blacklist they use. The reality is that some blacklists are better than others, and inevitably some legitimate email will be blocked. As a professional I cannot accept this risk, because that blocked email might just be a crucial instruction or some new business.

There seems to be a perception that the blacklists are untouchable in law. This is not necessarily true. There are legal remedies that are not based on a contractual relationship, and we are seeing new legislation criminalising hacking and the interception of communications.

A technical solution is needed, but in the meantime the blacklists must adhere to certain minimum standards, otherwise the deficiencies and negligence of a few could undo the good work of others.