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Lawsuits Against Spammers

apc writes "Pretty good overview of the state of the law regarding spammers, and some stories about people who have sued them and won. Nice to see the topic getting mainstream attention." It talks about several different states and several different people who have won cases. I still think its fairly hopeless, but I also believe forging SMTP headers should be legally punishable by castration.

5 of 355 comments (clear)

  1. Check out my latest piece of spam ! by J.D.+Hogg · · Score: 5, Funny
    DEAR FRIEND !

    Tired of not making enough MONEY ? HOW ABOUT $3000 PER WEEK OR MORE !
    No, this is not a joke, YOU TOO CAN QUIT YOUR JOB AND MAKE THE MONEY YOU DESERVE !

    HOW ?

    Very recently, I have discovered that anybody on the internet receives "SPAM" emails, and that it is usuall possible to sue those "SPAMMERS". Most often, "SPAM" originates from VERY LARGE COMPANIES who have a LOT OF MONEY MOST OFTEN, and these companies don't want to lose their reputation in the "SPAM" industry, therefore they are usually willing to give plaintiffs A LOT OF MONEY to settle their claims.

    I CAN ALREADY HEAR YOU SAY "HOW CAN I SUE SPAMMERS TOO AND RECEIVE A LOT OF SETTLEMENT MONEY ?" !

    IF YOU SEND ME A RESPONSE AT THE EMAIL ADDRESS AT THE BOTTOM OF THIS MESSAGE, I'LL INTRODUCE YOU TO MY NEW BOOK CALLED "HOW TO SUCCESSFULLY SUE SPAMMERS AND RECEIVE A LOT OF SETTLEMENT MONEY". MY BOOK NORMALLY COSTS IN EXCESS OF $85 FROM NORMAL RETAIL CHANNELS, BUT ONLY FOR YOU, I OFFER YOU THIS INCREDIBLE MONEY-MAKING TOOL FOR ONLY $19.99 !!

    DON'T PASS UP YOUR CHANCE TO MAKE THE MONEY YOU DESERVE. SEND ME A RESPONSE RIGHT NOW, OR CALL ME AT THE NUMBER BELOW.

    THANK YOU DEAR FRIEND !

    email: SUCKER_RESPONSE@HOTMAIL.COM
    phone: 1-800-YOU-SUCK

    **********

    THIS IS A ONE-TIME EMAIL, YOU DO NOT NEED TO DO ANYTHING IF YOU DO NOT WISH TO RECEIVE ANYMORE INFORMATION ABOUT THIS INCREDIBLE OFFER.

  2. Ooh, a slashdot story on spam by Paul+Wright · · Score: 5, Funny
    Let me summarise:

    Spam is Free Speaaech (A Troll)

    No it isn't (Baittaker543)
    Yes it is (Anonymous Spammer) 30 post thread snipped
    No more government regulation (aynrand666) All problems have a technical solution. Just hit delete.
    My webserver got RBL'd (warfire) So I've come here to cry instead of ditching my low-file ISP. Your technical solutions are no good.

    I know more than you do (karmawhore23) I am cleverer than you.

  3. Better yet... by jcr · · Score: 5, Funny

    220 foo.bar.com CASHMAIL System
    HELO
    250 foo.bar.com Hello
    MAIL FROM: mom@aol.com
    667 foo.bar.com accepts payment of 0 cents
    DATA
    ..
    MAIL FROM: unknown_spammer@hotmail.com
    250 unknown_spammer@hotmail.com... Sender ok
    RCPT TO: foo@bar.com
    666 foo@bar.com requires payment of 200 cents
    CASH: 82kd0xma893mcos0
    667 foo.bar.com accepts payment of 200 cents
    DATA
    ...
    MAIL FROM: known_spammer@hotmail.com
    250 known_spammer@hotmail.com... Sender ok
    RCPT TO: foo@bar.com
    666 foo@bar.com requires payment of 1.0e09 cents
    CASH: 82kd0xma893mcos0
    666 foo.bar.com detects fraudulent/forged e-coin. Forwarding to fbi.gov

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  4. Truth in Advertising approach by coyote-san · · Score: 5, Funny

    I think it's time to apply Truth in Advertising standards to spam.

    You say your product will help me lose weight? We send a rebuttal picture of your naked fat ass to everyone you know.

    You say your product will make my penis gain 3"? We get testimonial from your two mercy fucks about how you need to use this product yourself.

    You say your product will get me hot dates every weekend? We distribute a copy of your busy social calendar - with a note that you were stood up for the sole entry, your Jr. Prom in 1989.

    And lest we forget it, you say your product will net me $50,000 in only 10 weeks? We show your credit card bills, and how even Miss Cleo has cut you off as a deadbeat.

    The best thing of all si that this doesn't really require any new laws. (Well, the suggestions above do, but not the concept.) Don't just nail the spammers with small fines for sending spam, hit them with large fines for fradulant advertising, participation in criminal enterprises, etc.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  5. Full text of Cerasale interview by TekPolitik · · Score: 4, Funny
    "If you ban me from this type of medium, you have severely limited my ability to enter into the marketplace," said Jerry Cerasale of the Direct Marketing Association.

    This is revealing, however the real text of the interview is more so:

    Interviewer: I'm calling regarding Congressional action on spam.

    Jerry Cerasale: If you ban me from this type of medium, you have severely limited my ability to enter into the marketplace.

    I: But surely with all the ads for porn, casinos and viagra substitutes that you'd be competing with, it's not going to be of any use to you anyway.

    JC: You're not listening. I said if you ban me from entering the marketplace. You can ban everybody else.

    I: So you're saying you want to ban everybody except Jerry Cerasale from using spam?

    JC: No, I want to ban unethical marketers from using spam.

    I: How do you define unethical marketers?

    JC: They're the ones that forge stuff and won't honor remove requests.

    I: So won't they just start following that law and you'll still have the volume problem?

    JC: No, because they're unethical marketers.

    I: So who are the ethical marketers

    JC: They're the DMA members

    I: So if the unethical marketers join the DMA do they become ethical marketers?

    JC: Of course.

    I: Even if they still forge and don't honor remove requests?

    JC: Yes. If they join the DMA, then what they are doing is ethical marketing.

    I: Surely all the spammers will just join the DMA then and they can all spam.

    JC: That's OK.

    I: But then won't email be useless for everybody because of the volume? After all, there's got to be hundred of millions of potential marketers out there who might want to use it.

    JC: Yes.

    I: So you're opposed to laws that will make spam unusable for marketing?

    JC: Yes.

    I: But you realise that if the laws aren't passed, spam will be unusable for anything.

    JC: Yes.

    I: Including marketing.

    JC: Yes.

    I: So really your opposition to laws banning spam achieves nothing to protect it for marketing, and just succeeds in destroying it for everybody.

    JC: That's right - if me and my DMA buddie's can't use it for our purposes, then nobody can use it for any purposes.

    I: Isn't that a little childish.

    JC: Well since they won't play by my rules I would take by bat and ball and go home, but I don't own the bat or the ball, so the only way I can stop them from playing is by destroying the bat and the ball.

    I: Mr Cerasale, thank-you for your time.

    JC: My pleasure.