Forcing providers to monitor the system is at odds with the ultimate goal of the service. No one will use an anonymous remailer service if it is not anonymous. However, if it can be shown that the provider had actual or constructive knowledge of criminal activity being perpetrated through their system, then they could be held criminally responsible as aiders and abettors. The actions of the remailer provider must meet the standards set out under Model Code Sections 1.11 and 1.02, dealing with aider and abettor liability and specifically the subsections dealing with ISP s. However, a separate section is not needed.
Anonymity is protected as an aspect of our First Amendment freedoms.
Infringement upon this area is unpopular and often struck down by the courts. Remailers are the most useful and practical way to protect the anonymity of individuals on the Internet. Accordingly, neither the use of a remailer by an individual nor the providing of remailer services should be criminalized.