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Receive Spam, Make Money!

Bud Dwyer writes "Wired is running the heartening story of Bennett Haselton, who was awarded $2000 from spammers under Washington state's anti-spam law. From the article: 'Spam fighters hope that if enough individuals take spammers to court, it could eventually drive the industry out of business. And, some savvy individuals could make some easy money along the way, and with a clear conscience, too.'"

36 of 275 comments (clear)

  1. Spammers in the US, sure by ackthpt · · Score: 3, Insightful
    About 70% of the spam I'm getting is offshore and a good percentage of that is in some language (probably chinese) which doesn't translate.

    I'd love to take these weasels to court, since I'm getting about 30 spams a day and a one week vacation can result in lost email due to a clogged mailbox.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Spammers in the US, sure by Binestar · · Score: 3, Informative

      I must say if you are having alot of problems with Spam and have procmail on your mail system you can use Spambouncer. It filters out Chinese, Korean, blacklists, and various other spamhosts easilly. Since November 29 when I rotated my procmail-log It has filtered:

      10:49am (chrisf@borg) /home/chrisf (38) cat antispam/procmail-log | grep procmail-filtered |wc -l
      346

      messages. In that time I've received 2 spam's to my inbox. I don't know what I would do without it.

      --
      Do you Gentoo!?
  2. hmmm by nomadic · · Score: 5, Insightful

    Probably won't be that easy to collect, especially if they didn't even show up in court. I'm just not sure the idea of driving the industry out of business is feasible; the vast majority of spam mail I get doesn't have a valid e-mail address. In fact, the vast majority of spam I get isn't really advertising. Most of it are just grifters trolling for victims, figuring if they send a million messages out, and get 3 marks, they'll make a profit.

    1. Re:hmmm by Masem · · Score: 4, Insightful
      The WA state law is NOT to prevent spammers from spamming, but to use truthful information in their spam as to whom they are, how they can be contacted, or how one can be removed from their spam lists, all which is consider consumer fraud (and thus why this bill has survived judcial scurtinity). If anything, this will simply force spammers to actually identify themselves and make it easier for people to remove themselves from their lists.

      Also, from what I've read of the various cases, if you sue the spammers and they don't send anyone to court, that's contempt of court and can be considered jail time. So instead they send out someone, weakly plead their case, and lose, and write the $500 check. To them, that's chicken feed, but only because a bare handful of WA state citizens are using the process. If only 100 or 1,000 residents did this, the spammers might actually consider changing their methods instead of blinding accepting the penalty. As far as I've read, only one spam corp has fought this, and that was the case that validated the law's constitutionality.

      --
      "Pinky, you've left the lens cap of your mind on again." - P&TB
      "I can see my house from here!" - ST:
    2. Re:hmmm by Guppy06 · · Score: 3, Informative

      "Probably won't be that easy to collect, especially if they didn't even show up in court."

      If they fail to show up, they're found guilty by default. If they fail to pay, not only can you pass that info on to credit-reporting and background-check agencies but (if it's anything like a traffic ticket) a bench warrant is issued for their arrest (results of that vary depending on the state).

      As an example I have a friend that was arrested in Florida for defaulting on debts in Virginia. The creditors filed suit in Virginia, he never showed, the court found him guilty, he got pulled over in Florida for some reason, and ended up spending the night in jail.

  3. So, how long.. by kafka93 · · Score: 5, Funny

    .. until I start receiving a load of "received spam-mail? Make money NOW!" messages in my inbox?

  4. Re:Nice to hear by brunes69 · · Score: 3, Insightful

    US laws don't usually reach outside their borders? Perhaps you've heard of this little skirmish going on in Afganistan recently... Or perhaps a little law called the DMCA...

  5. The most interesting part of the article... by Lostman · · Score: 5, Informative

    was where the guy gave a link to someone that shows others how to do this exact same thing. Try http://www.wa-state-resident.com/tugpayup.htm (unlinked for the goat weary).

    He gave a form letter, even step by step directions on how to do this. Only thing was that you would have to be living in oregon unless your own state has fun laws like this. That does definately sound like fun.

  6. Spamcop by soundlord · · Score: 5, Informative

    I realize that most of you probably already know about this, but I am going to mention it anyways: if you're having problems with spam, you should go to SpamCop. They have a free service that you can use to report spam to the necessary network administrators via parsing the headers of the spam mail. Simply save a bookmark that they give you, and when you receive spam mail, go to that book mark, paste in the whole text of the spam mail (including headers) and click a button.

    I know that it's hard to keep spammers from doing what they're doing due to their using different email addresses and hosts each time they send out some spam mail. But I have found that by using SpamCop regularly, the spam mails eventually stop coming to my inbox. And whether this means that they've been taken out of business or they're removed me from their spam list due to my being a thorn in their side - well, either is good enough for me.

    1. Re:Spamcop by brassman · · Score: 3, Informative
      If you're running procmail, a kind soul posted a couple of Perl scripts here in Slashdot just a week or two ago that automate the process of Spamcop reporting.

      That process is in two steps -- submitting, then reading the summary of what what Spamcop found and "pulling the trigger," and I wouldn't recommend automating both parts. Quite often Spamcop will respond that the offending ISP "doesn't care," or has already closed the offending account -- in those cases there's no point in tying up Spamcop's resources any further.

      I try real hard to ignore spammers, but when one wiggles past my filters you'd better believe I invest the time to ruin his day.

      --
      "Ain't no right way to do a wrong thing."
  7. It's about time by Philbert+Desenex · · Score: 5, Insightful

    It's about time spammers started paying for their sins.

    Spamming is basically a form of theft, externalizing around half the cost of sending an advertisement to the reciepiant of the spam. That's clearly what makes spam attractive to advertisers (and their swinish lobbyists, the DMA).

    The second order effect of this externalization hasn't been talked about in the press much. Ordinary advertising costs up front - a Tee Vee commercial for laundry detergent gets paid for before you buy the Whisk. A two-page spread in Time magazine for the latests SUV gets paid for before any consumer buys a 2002 Yukon. And yes, the company doing the advertising prices their product to account for the ad expenditure.

    The fact that a spam victim pays for the ad before making a decision on whether or not to buy the laser printer toner means that market forces controlling advertising are vastly weakened. For example, the makers of "Whisk" laundry detergent used to have an ad campaign based on the phrase "Ring around the collar". During the mid 70s, the Women's Movement found this ad campaign offensive, so they boycotted "Whisk".

    Fast forward to 2002 - you've already paid to receive an ad for Hotwet Russian Teen Sluts. No boycott on earth will have an effect on the advertiser - you've already paid for it, without being given a choice in the marketplace (maybe you prefer Hotwet Bulgarian Teens).

    There's only very weak market forces that affect spam. We need government regulation of spam, we need the ability to punish spammers economically.

    1. Re:It's about time by 4444444 · · Score: 5, Funny

      we need the ability to punish spammers economically.

      You can punish them just goto http://www.goto.com and do search fro "bulk email" every limk you click will cost tehm several dollars last itme I looked it was about $8 per click

      --

      http://Lenny.com
      4 great justice!
    2. Re:It's about time by 4444444 · · Score: 3, Informative

      Somewhere there's a perl script that will automatically click all those links

      you can find several scripts here

      --

      http://Lenny.com
      4 great justice!
  8. Somebody Call a Class Action Attorney! by NortonDC · · Score: 3, Interesting

    Spam is one area where a very aggressive attorney making a career out of class action suits would be doing a public service. Some clever attorney out there ought to get on the ball with this.

  9. Now I'm Curious... by ackthpt · · Score: 5, Funny
    I see these people winning in small claims courts against defendants in other states. How do they go about collecting the judgement, particularly if the out of state person/company just blows it off?

    Possible new Spam trend:

    From: dj898f78ds@hotmail.com
    To: (undisclosed recipients)
    Subject: Make Big Money Suing Spammers!

    Hi, Friend! Are you bothered by Spam clogging up your mailbox, hard drive and embarrassing you by it's content? Worry no more!

    For $25 we'll show you how to get rich by suing spammers! Send payment to:

    O. B. Laden
    Cave #1248
    Tora Bora
    Afghanistan

    Act now, before it's too late!

    --

    A feeling of having made the same mistake before: Deja Foobar
  10. Re:Procmail regex for Chinese encoding? by polymath69 · · Score: 3, Informative
    Actually yes. If you look for the fractional character (3/4), in my experience you'll catch most of these chinese-or-whatever-they-are spams.

    (This is character 0xbe; it displays as 3/4 in my Solaris xterms. It may appear differently in other fonts or locales.)

    --

    --
    I don't want to rule the world... I just want to be in charge of mayonnaise.
  11. more info by klip04 · · Score: 3, Informative

    there's quite a bit of info about this stuff at wa-state-resident.com

  12. Re:Inconsistency.. by sphealey · · Score: 3
    Surely these things must work both ways? If we have the right to send email to whomever we please, and to do so without the content of our email being checked by a third party, shouldn't that privilege extend to companies wishing to promote a product - however irritating it might be?

    Before anyone flames me: I did read the article, and I realise that the case cited was based upon the forging of the 'from' address, which rendered the spam illegal. But is even this a 'fair' thing? If I were to send someone an email address with faked details, wouldn't that be my prerogative?
    Your right to exercise your biceps and knuckles ends at the tip of my nose. Whether or not information is or wants to be free, you have no right to impose monetary costs on me without my consent. Which, since I pay for dial-up access to my e-mail, is what spam does.

    sPh

  13. spam back by diesel_jackass · · Score: 3, Funny

    I've tried spamming back people who spam me, with thousands of emails, and random subject and bodies. That makes me feel good. It is a hog to run on my computer though.

    Now i just send them a bill with PayPal. I haven't had any responses yet, but i think they definitely owe me something for wasting my time, bandwidth, and storage. Maybe some lame spammer will cave and pay me the $30 that i billed them

  14. See, here's what I don't get.. by jabber01 · · Score: 3, Informative

    If the spam doesn't have a valid email address, and doesn't provide any reliable contact information by which to track down the offenders, how can the spammers expect to hook anyone on their crap schemes?

    After all, if it is just as difficult to chase down the spammer, as it is to try and take advantage of whatever they are offering..

    I can see how this might work for some types of spam.. The 'hot stock tip' bit for example simply counts on someone out there buying a stock to drive up the price..

    But when there's a product or service involved? Whom do you pay? And if you know whom to pay, you know whom to sue..

    I get as much as a few dozen bits of spam each day at my 'public' address.. And these are the ones that I can't 'umbrella' filter by country, domain, etc.. Most of these are not even in English, or from the US.. Spam laws don't work in the areas most responsible for pumping out spam..

    Sad waste of bandwith, tis all. And the spammers are counting on the fact that it is much easier to simply delete their crap than compile, research and file suit.

    --

    The REAL jabber has the user id: 13196
    What you do today will cost you a day of your life

  15. Re:How about junk snail mail? by WinDoze · · Score: 3, Interesting

    I find it works well for starting the fireplace. Just remove the little plastic window from the front of the envelope (you get good at just tearing the front of the envelope off real quick) and burn baby burn! I haven't bought any kindling yet this year. Seriously. It's effective, secure (I don't like throwing away credit card applications, etc.), and very satisfying.

  16. Re:Nice to hear by Rogerborg · · Score: 3, Insightful
    • The war in Afghanistan has nothing to do with US law. [context: the USA projecting laws globally]

    Everything that the US government does has to do with US law. The 1973 War Act attempts to limit the President's ability to declare war, while also giving the option to pass a euphemistic "use of force" resolution rather than old fashioned (and honest) declaration of war. Bush followed the procedures of this Act under protest, as Presidents like to think that as Commander-in-Chief, they're not answerable to Congress. But he did follow them.

    My point is actually that the Law is defined by Congress (50% of whom are members of the American Bar Association, so much for separation of powers), and they can pass any law they damn well like to allow the USA to project power - military or economic - across the world if it's convenient to them. If there was a political will, we could very easily re-define spammers as [h|c]rackers and have them punished anywhere in the world. Remember DeCCS?

    --
    If you were blocking sigs, you wouldn't have to read this.
  17. Going After Spammers by Anonymous Coward · · Score: 5, Interesting


    Some of you may like this ;-)

    For a while now, my company has been in "hot pursuit" of spammers. Getting them for the message itself is mostly a grey area legally (the Washington state makes an exception), but using corporate resources without authorization is illegal. So we send them hefty invoices (for relay easily in the $500,000 range) and enforce them worldwide with the help of a collection agency, which adds 48% to the original cost to the spammer (we operate under the assumption that none will pay voluntarily, and all cases go through the full court process).

    Currently there are $1.2m pending in courts, 90% in the US, the rest in Japan and Korea. And a vast majority has not even been invoiced (we have spent a ton of money on that already, but it does take time to research proper addresses to serve documents).

    The goal is to get a few major judgements against the people who have their goods promoted this way (if we can collect on that, is another issue; and they can see if and how they can collect from the actual spammers). Once that is done, and press releases have been issued, we hope it sends strong enough a signal to spammers and their clients to stop it worldwide.

    Any surplus beyond covering our costs will be donated to the EFF. Top EFF lawyers were very helpful in validating the legal approach. We are not looking to make a profit on this.

    For more information see:
    http://www.meliorinc.com/html/policies.html

    [Why? We were shut down once too often by relay, at a time when we had to keep some servers open for special customers]

    (I didn't remember my SlashDot login, and the password didn't arrive yet via e-mail - sorry for the "anonymous" sender address)

    Thomas J. Ackermann
    CEO
    Melior, Inc.

  18. Radio Shack (not quite spam) by Sammeh · · Score: 5, Interesting

    Not quite spam, but I remember a month or so ago, that a user billed spammers at the rate of 125$ per hour with a minimum of 10 hours to filter out their email to his/her domain.

    Anyways, recently, Radio shack posted my home phone number as one of their local stores. I emailed them a couple weeks to change it and got no response, so I gave them a notice to remove it within 24 hours or I'd bill them the same amount (1250/10hours), to route their phone calls to the correct store.

    I went to the store and they also have it listed on their reciepts and said they're having it listed in the phone book. They told me that they shipped in the notice to not print it in the phone book and were working on the reciept prints, but the website was up to corporate, so that's who I'm billing.

    They have until 5:32 tonight to change the number on their website or they're getting a daily invoice.

    I don't care if it works or not, I'd love the cash, but I'd love even more the phone to stop ringing off the hook, its worse than spam.

    1. Re:Radio Shack (not quite spam) by ryanvm · · Score: 3, Funny

      Anyways, recently, Radio shack posted my home phone number as one of their local stores. I emailed them a couple weeks to change it and got no response.

      You need to tell Radio Shack that you're going to start playing practical jokes on their potential customers - that will get their attention.

      When you get a call for Radio Shack, just bullshit the caller and act like you don't know anything about electronics. Oh wait - that won't work, that's what happens when you call the real Radio Shack.

  19. Re:How did he figure out who to sue? by Rogerborg · · Score: 3, Informative
    • When spam arrives with no usable return address [...] who do you take to court?

    The upstream provider? Really, it hacks me off that so many places run open relays, are RFC ignorant, and basically don't give a damn about the use of their networks (regardless of what their AUP's say). Sure, there are good providers that don't dick around when you send them abuse reports, but the amount of crap I'm seeing coming from .ac.somewhere-in-asia (that's international .edu) is staggering.

    They're outside your country? Contact them anyway. If they don't respond, and the spam keeps coming, keep moving upstream. Sooner or later you'll hit your own ISP or ASP. Let them know that they're handling packets from RFC ignorant peers, and dump it on them. If that drives costs up, good, I'm sick of hearing that ISPs don't have the resources to deal with spam.

    Instead of giving money to lawyers (directly) and courts (through taxes), let's get it to the ISPs instead.

    --
    If you were blocking sigs, you wouldn't have to read this.
  20. Tidbits did this too by frankie · · Score: 4, Interesting

    Tidbits (a MacOS maillist & web site that happens to be based in Washington state) sued a spammer in 1998. They won in 2000, but by then the spammer had fled across different state lines a dozen times, and you have to file new paperwork every time. They eventually gave up on collecting from him.

    The article doesn't specify if Bennett has actually received money yet, or just a judgement. It's quite possible he won't see a dime.

  21. Laws shouldn't allow for suing spammers... by Dimensio · · Score: 3, Insightful

    Spamming should be a capital crime. Seriously, if the penalty for deliberately sending out unsolicited bulk e-mail was death, we would have a lot fewer spammers in this country. Of course sometimes you have the problem where a US-based company spams but uses an offshore spammer to do it. In those cases, long periods of incarceration for knowingly arranging a spamming run would be sufficient, IMO.

    1. Re:Laws shouldn't allow for suing spammers... by bero-rh · · Score: 5, Interesting

      If you actually take the time to read the spam, you can get much harder punishment for spammers.
      Simply be creative in what you report.

      "MAKE MONEY FAST": Report them to authorities not for spamming, but for fraud. Punishment is much harder.

      "LOOK AT MY XXX SERVER!": Report them for sending pornographic material to children (spam will ALWAYS reach kids as well...) - at least in .de, this can get spammers to prison for a couple of years.

      Other spam: If you're running your own mail server, call it theft of service (your mail server's resources were abused against its terms of use -- therefore, it's theft of service).

      I've actually tried the second variant on a major repeat spammer; the court hasn't come to a decision yet, though.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
  22. DON'T spam back by bero-rh · · Score: 4, Informative

    While it's tempting to mailbomb spammers, it just increases the problem.
    It doesn't just boggle down your computer, it also affects your ISP's (innocent) mail server, and all the hosts that happen to be on the route between you and the spammer.

    --
    This message is provided under the terms outlined at http://www.bero.org/terms.html
  23. Re:No Inconsistency by BadDoggie · · Score: 3, Informative
    I'm on a load of mailing lists, and if I don't want to receive email from certain people, it's my job to block them out

    Correct, because YOU SIGNED UP FOR A LIST! You can also unsubscribe. I subscribed to NO list and it is impossible for me to unsubscribe to the spam. Furthermore, legitimate lists are rather easy to block, since they use legit headers, standard formats and usually, standard subject lines. This ain't the case with spam.

    then the act of listening and processing what they say requires energy, which ultimately costs me money

    Wrong again. If you want to listen, that is your choice. It does not cost you money to *hear* someone, and you are able to walk away. If you are NOT able to walk away, there are a number of harassment and assault laws which cover the subject. As you stated yourself, you can get a restraining order. Not so for spam.

    Spam costs ME money. Someone else is advertising and expecting ME to pay for it. This has been made illegal in every other form (and there have been some very interesting postal fraud cases as a result). The New York State junk fax law is most likable to this situation, where costs to the advertiser are negligible and costs to the recipient are not.

    You cannot legitimately and logically defend spam based on its own definition. It isn't spam if I ask for the mail, and I've never, ever asked someone to send me any sort of advertisement. Not even when they've been willing to pay me to read it. How can you logically expect me to bear the costs of advertising your scam?

    A couple good links (I'm already karma-capped):
    New York Law Journal (Sep. 1997!)
    How to use 47 U.S.C. Section 227(b) [Telephone Consumer Protection Act] against junk faxes

    woof.

    This is not a sig.

  24. So *that's* what it meant... by Jeremi · · Score: 4, Funny

    when it said "MAKE MONEY FAST" :^)

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  25. Oh come on! by Gannoc · · Score: 4, Funny
    The title of this article should have been "MAKE MONEY FAST!!!!"

    A golden humor opportunity thrown away.

  26. WA has a gaggle of litigants by jestapher · · Score: 5, Insightful

    I am one of a handful of people actively pursuing spammers in Washington. I am vice-president of a Seattle ISP and when I get bored on the weekends, I scan the Qmail alias file, which is 99% double-bounced spam. Under RCW 19.190, almost every one of these is illegal as the spammer "misrepresented the point of origin" of the email.

    I pick out the easy spams -- ones with phone numbers, fax numbers or physical addresses -- and I contact the spammer and say, "look, we got illegal email from you and we're willing to overlook it if it doesn't happen again." A fair number of spammers then remove all of our domains from their lists. The ones that don't get a few reminders, then a notice of small claim. Under Washington law, ISPs can sue for $1,000 per email.

    Check out my lawsuit page for some info. For those non-Washingtonians, you can get in on some of the lawsuit fun by suing junk faxers and telemarketers under federal law, which I've tried just to see if it works. The good news: it does.

    Us folks in Washington State have a great deal of cooperation going on via mailing lists. We're gearing up for some serious spammer suing. And it is hard to collect, but it's not impossible. Once you get a dozen cases going, the money from one case isn't a big deal so you just send it to collections to fuck with the spammer.

    Essentially, this is just a real fun hobby that happens to pay a bit of money. Oh, you might find this interesting: Zen and the Art of Small Claims.

  27. Hotmail spam by iforgotmyfirstlogon · · Score: 3, Interesting

    Ok, so Hotmail is owned by a Washington state corporation, right? Assuming that the mail servers (and hence the final destination of the messages) are located in Washington, could I file for violations of that state's law on all of the spam I get to my hotmail account? IANAL, but if my mail all ends up in that state, wouldn't I be protected by that state's consumer protection laws?

    - Freed

    --
    "Coffee should be black as hell, strong as death, and sweet as love." -Turkish Proverb
  28. ways to screw spammers by 4444444 · · Score: 3, Interesting

    you can find ways to fight spam here

    http://www.lenny.com/spam/

    --

    http://Lenny.com
    4 great justice!