At the time the restriction was on who was allowed to operate and for what purpose.
These types of restrictions in the real world are common. We don't permit say, people to set up shop running gambling tables inside of library reading rooms.
We have restrictions all around us like this. No picnicking on freeways, or say, hookers picking up Johns next to the paintings in the city art gallery. You can't just say, wheel in dirt to city hall and start tending a garden in the council chamber.
We decided to blow away all such equivalent restrictions on the web in the early 90s, being antithetical to any conventions. Maybe continuing to adhere to that, 30 years in, is not the best idea. Obvious guardrails, equivalent to no picnicking on the freeway, can be set up.
It's time to build more of a rules based online society
You make it socially unacceptable to run a server that emits spam. You make it socially unacceptable to work for a company that emits spam.
At an interview: "OK, I see you worked for an oil company, right, and then a porn company, fine -- oh, you worked for a spammer. Sorry, we're done. I don't know how this happened, I'll need to talk to HR about their filters."
socially where? where ever you set those social norms, someone will set up a server not there. like russia or any of the other internet bogeymen countries
