full-disclosure - If Lycos can attack spammer sites, can we all start doing it?

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From: xploitable at gmail.com (n3td3v)
Subject: If Lycos can attack spammer sites, can we all start doing it?

If Lycos EU is going to go legally unchallenged, can we all start
attacking sites which send unsolicited mail to a non-lycos mailbox. As
long as we can prove the mail is actually spam. This isn't as hard as
you may imagine. All you need to do is for example, check Yahoo's or
Gmail's spam folder, and the mails in that must hold some legal
justification as being spam on Gmail or Yahoo (because Yahoo and Gmail
use elite spam filters), making it justified as spam and therefore
would give someone legal permission (because yahoo and gmail spam
filters are pretty trustworthy) to attack the spammers site, which the
spammed mail was trying to ask you to visit. One could even code a
program to keep checking the Gmail or Yahoo spam folder for new spam
to add to the attack list. As long as one doesn't make the spammers
site unreachable, but if you slow it down, so it takes ages for
legitimate users to browse it, it must be ok, because thats what Lycos
EU is doing legally unchallenged.

Could botnets actually become legal, as long as they only attack
unsolicited mail, which Yahoo and Gmail and other non-lycos providers
have marked as spam.

The possibilities are endless.