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XS4ALL Wins Anti-Spam Suit

johnpc writes: "In a court case started by Dutch ISP XS4ALL, a judge ruled yesterday that spam outfit AbFab is forbidden to send spam to all subscribers of said ISP. The judge writes: 'The essential point is that XS4ALL has no legal conveyance obligation. (...) XS4ALL does not wish to convey messages which its customers have not asked to receive and therefore does not wish these messages to be delivered through its systems, in this case from Abfab. The question of whether the unsolicited sending of large volumes of advertising messages by e-mail should be referred to as 'spam' or 'electronic direct marketing' is not relevant to this dispute.' This is obviously not a solution to the spam problem within the Netherlands, but it is a step in the right direction. You can read an english abstract of the ruling. Unfortunately, most of the actual case documents are in dutch, some of which are still being translated."

140 comments

  1. First by Anonymous Coward · · Score: -1, Troll

    OK...I'm a loser.

    1. Re:First by propstoalldeadhomiez · · Score: -1

      Your fp has been claimed in the name of logged in trolls and crapflooders. And yes, you are a loser, but saying so is redundant. You posting as an AC already told us that much.

      --

      Jack Buck (1924-2002)
      Darryl Kile (1968-2002)
    2. Re:First by Drunk4Free · · Score: 0, Offtopic

      I'm a drunken troll. I got laid tonite, she's sleeping now. I had oneu meore irresistable urge to satisfy, and that was to troll. This won't make it to the annuls of the troll library, but, the waythings went tonight, I could be considered an anal troll.

    3. Re:First by Roto-Rooter+Man · · Score: -1

      Please clear the spider egg sacks and the pus out of that hairy cunt.

      Last time I fucked you, afterbirth and maggots fell out on my dick.

      I think I see some termites munching on a petrified fetus skull in there.

      -> Yo slut, it's time for a DEEP DOUCHE. <-

      Yeah you should really pour some Drano down in there. Get that thick crust off the sides.

      It's bad to keep tampons in that long. Four months -- that's too much.

      Get in there and DOUCHE that vulva, honey.

      --

      The goatse guy for president. Win one for the gaper!
  2. Fuck You, RoboTroll by Anonymous Coward · · Score: -1, Troll

    I win, pussy.

  3. This logged in first post by Tubcat · · Score: -1, Offtopic

    Is for Rackrent on Fark! I am teh fat kitty!

  4. Hey, it's progress by Elpacoloco · · Score: 1, Redundant

    This is a stunning victory against the forces of spam.

    Now if my own country (United states) would get a similar precident....

    Horray for XS4All!

    (reads more closely)

    1. Re:Hey, it's progress by macinslak · · Score: 3, Insightful

      Mayhaps I misunderstood this?

      A judge ruled that an ISP doesn't have to use its own resources to deliver advertisements (for free) for someone else to whom they have no obligation of any kind?

      US companies have no such problem that I am aware of, and it greatly disturbs me that a judge in any country should have to state this explicitly.

    2. Re:Hey, it's progress by Arlet · · Score: 2

      The point is that XS4ALL doesn't want to block e-mail themselves. They don't want to filter or censor anything. Instead they want the originating company to stop sending the e-mail through their networks in the first place. That is what the case was about, and the judge ruled in their favour.

    3. Re:Hey, it's progress by Anonymous Coward · · Score: 0

      " This is a stunning victory against the forces of spam. "

      I love the hyperbole of geeks.

      A "stunning victory" is like...uh...the english beating the spanish armada, or the american victory at coral sea.

      This is more like "good news on the spam front".

      Lets try to keep a bit of perspective, okay?

  5. I have to laugh by Slash+Veteran · · Score: 2, Insightful
    I have to laugh everytime I read one of these "spam is illegal/spam is made illegal/spammer is found to be violating the law" stories.

    If the US congress tomorrow passes a law that clearly and completely illegalizes spam, the amount of pr0n and online diploma spam I get will drop ZERO PERCENT.

    How do you sue? Like I'm going to sue a korean mail relay. Stop. You are wasting my time. This problem can't and won't be solved by Trent Lott and Tom Daschle. Stop pretending it will.

    1. Re:I have to laugh by gkbarr · · Score: 2, Funny

      Well, you and the spammers both seem to have one thing in common... wasting bandwidth.

      --
      Sapere Aude - Homer
    2. Re:I have to laugh by Slash+Veteran · · Score: -1, Flamebait
      Well, you certainly refuted anything I put forward. You proffered quite a treatise on anti-spam legislation.

      What the heck, I'm game. I'll stoop to your level. Stuff it, asshole.

    3. Re:I have to laugh by Dimensio · · Score: 3, Funny

      If the law allowed for brutal public execution of spammers and people who knowingly contract spam run, I suspect that your spam load would drop significantly.

    4. Re:I have to laugh by mnordstr · · Score: 1

      It's just the first step in the right direction.
      When we have the laws that make it illegal, it will become a problem for the government, as it has to make sure that these laws are followed. More and more restrictions will arise thanks to these laws, and might actually slowly make spamming a hell of a pain for the spammers.

    5. Re:I have to laugh by Anonymous Coward · · Score: 0

      Moderators, please make an example of Slash Veteran's brutal and vicious terrorist verbal attack on a fellow member of the Slashdot community. I have found his insult, and his use of the "a" word, highly offensive.

      Slash Veteran, you are asked to leave this site at once.

    6. Re:I have to laugh by ender81b · · Score: 3, Insightful

      You are right. Any spammer based outside the U.S. will be able to spam at will. BUT inside the U.S. they will be liable to prosecution AND any company USING spam who is inside the U.S. will be liable for prosecution/civil suits. Believe me, enough of these get prosecuted and you won't have many left willing to risk it. If you *knew* that if you reported spam to a government agency they would prosecute the spammers wouldn't you send every piece to them?

      Wham-Bam 90% of spam is eliminated.

    7. Re:I have to laugh by Anonymous Coward · · Score: 0

      The relay might be Korean but 99 % of the SPAM originates from the United States of America. Vacation in Florida? Penis enlargement? You see? Okay, except for the transfer-million-USD-from-nigeria-via-your-bank-ac count-but-we-need-10k-USD-for-the-bank-from-you scam everything else is clearly from USA. That nigeria cash scam is probably Mafia, from USA so there.

    8. Re:I have to laugh by Jay+L · · Score: 2

      How do you know who to sue? You follow the money.

    9. Re:I have to laugh by Teun · · Score: 4, Insightful
      But you miss part of the picture, already before this company got it's clients in trouble.
      AbFab had sold their services to a few big names in Holland and this made them get on their knees begging the public for forgiveness about the spam they had send by means of AbFab.

      Any legal solution has to include punishment for the companies trying to sell the goods, not just the mail boys.
      And they are generaly in your own country!

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    10. Re:I have to laugh by WalterSobchak · · Score: 1

      That is a very good point. The spam is not spam for its own sake, it tries to promote something. And if that "something" (site, phonenumber, P.O.Box etc) is in the US, the chances might be substantial.

      Just my 0.02

      Alex

      --
      Absinthe makes the heart grow fonder
    11. Re:I have to laugh by NineNine · · Score: 1

      Wrong. The only spam that comes from the US are from mom & pop outfits who are just trying it for the first time. 90% of all spam comes from organizations or individuals who know what they're doing. People who know what they're doing when it comes to spam don't have anything to do with the US... servers in Asia, incorporated in Bermuda, etc. A few US laws won't effect 'em one bit.

  6. small steps folks, small steps by bojan · · Score: 1, Insightful

    Instead of fighting HUGE spammers, why not take smaller ones to court to set precedents. Then build up to larger and larger ones?

    This is a great step in the correct direction.

  7. Progress by gkbarr · · Score: 1
    A step in the right direction. Let's hope that ISPs in Holland follow suit and this becomes an international trend.

    Die spamers!

    --
    Sapere Aude - Homer
    1. Re:Progress by MMMMMMMMMMMMMMMMMMMM · · Score: -1

      You cry for opression when Adobe and co. sue little punks stealing software. Then you want mom n pop ISPs to be able to sue internationally? You open sore hippies make me sick.

  8. Nice precedent by blindbat · · Score: 1

    Now if we can get all the other ISP's to get on the bandwagon to just use the threat of litigation where a precedent has been set.

  9. Here it is: the first of many by zbuffered · · Score: 2, Interesting

    Expect to see more of this on Slashdot, which will post basically anything spam-related in the news. Companies sue other companies for spam. Your ISP fights for you. Things work out...
    Gotta win one of these in the US to make it a reality though.

    --
    Synergy is your friend
    1. Re:Here it is: the first of many by cheezehead · · Score: 2, Interesting

      Gotta win one of these in the US to make it a reality though.

      That's right, the Netherlands are situated in 'unreality'. Hello? I think you mean that a similar case has to be won in the US to affect the amount of spam you get when you live in the US.

      I'm sorry to be complaining here, but I get so tired of Americans who think the world ends north of Minnesota and south of Texas.

      One little ruling in an insignificant country like the Netherlands does not change the world, but it's a start.

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    2. Re:Here it is: the first of many by zbuffered · · Score: 1

      Sorry, I was under the impression that all spam basically originates from the USA. Certainly somebody from australia has more to fear from an american spammer than a dutch one, no?

      --
      Synergy is your friend
    3. Re:Here it is: the first of many by cheezehead · · Score: 1

      Well, maybe. I don't know. Point of this ruling is that XS4ALL has the right to block spam (as in "not distribute"). I guess you are right that this will not help US users in the short term. But, spammers use all the relays they have access to, and the more blocks, the better.
      (My reply could have been a little friendlier, sorry ;-)

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    4. Re:Here it is: the first of many by Coward,+Anonymous · · Score: 1, Troll

      I get so tired of Americans who think the world ends north of Minnesota and south of Texas

      What? We're well aware of Alaska and Hawaii!

    5. Re:Here it is: the first of many by satanami69 · · Score: 5, Informative
      "Point of this ruling is that XS4ALL has the right to block spam"


      The point is even better than that. The ISP can tell a company not to send email through it's servers. If that company does, then the company can lose up to 2.5 million whatevertheircurrencyis. XS4ALL doesn't have to change or try to block any spam at all from the company. Overall, this brings down XS4ALL's operating cost, plus reduces the spam their customers get. Good news, I hope it goes forward.

      --
      I really hate Dan Patrick.
    6. Re:Here it is: the first of many by cheezehead · · Score: 2

      Errr, you're right. Thanks for the correction.

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    7. Re:Here it is: the first of many by cheezehead · · Score: 1, Offtopic

      What? We're well aware of Alaska and Hawaii!

      I wouldn't be so sure...;-)

      Anyway, brings me to the following (-1:Offtopic, +1:Interesting):

      What are the most Northern, Southern, Eastern and Western of the United States?

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    8. Re:Here it is: the first of many by Anonymous Coward · · Score: 0

      If you mean the "continental united states", it's Minnesota to the North, Maine to the east, Florida to the south, and California to the west. If you include Alaska and Hawaii, it's Alaska northernmost, hawaii southern and westernmost. that's a mouthful.

    9. Re:Here it is: the first of many by cheezehead · · Score: 1

      If you mean the "continental united states", it's Minnesota to the North, Maine to the east, Florida to the south, and California to the west. If you include Alaska and Hawaii, it's Alaska northernmost, hawaii southern and westernmost. that's a mouthful.

      Nope, I did not mean the continental US, I meant all 50 states.

      Including Alaska and Hawaii:

      Northernmost: Alaska
      Southernmost: Hawaii
      Westernmost: Alaska
      Easternmost: Alaska

      What??? How can that be right? Alaska easternmost?
      Well, look at a map or globe. Alaska actually crosses the 180 degree meridian (Aleutian islands). Therefore, it is both the easternmost and the westernmost state.

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    10. Re:Here it is: the first of many by pennsol · · Score: 1

      correction...southern and eastern...Point Udall St. Croix, U.S. Virgin Islands.. p.s. 86 and sunny..time for the beach..;)

      --

      Just Limin' Mon

    11. Re:Here it is: the first of many by cheezehead · · Score: 2

      states, not protectorates.

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    12. Re:Here it is: the first of many by pennsol · · Score: 1

      As far as states go sure, But the american flag and the plaque put up by the U.S.G.S. survey team proclaming Point Udall is "The southeastern most point of the United States" wasn't my imaginaton. it's there... still 86 and sunny.. i may just go out there for lobster today...time for the beach..;)

      --

      Just Limin' Mon

    13. Re:Here it is: the first of many by cheezehead · · Score: 1

      Hmm,

      First of all: the USGS survey team can proclaim all they want as far as I care, but aside from that:

      the most southeastern point in the US does not mean it is the southernmost and the easternmost at the same time, or even either of those, (again: you're not going to argue that Point Udall is more eastern than Alaska, right?), but more importantly: enjoy the beach!

      --

      MSN 8: Now Microsoft even has bugs in their ad campaigns.

    14. Re:Here it is: the first of many by dirk · · Score: 3, Insightful

      "Point of this ruling is that XS4ALL has the right to block spam"
      The point is even better than that. The ISP can tell a company not to send email through it's servers. If that company does, then the company can lose up to 2.5 million whatevertheircurrencyis. XS4ALL doesn't have to change or try to block any spam at all from the company. Overall, this brings down XS4ALL's operating cost, plus reduces the spam their customers get. Good news, I hope it goes forward.


      This is the point I'm not sure I agree with. According to the ruling (at least the English translation, which I'm assuming is accurate) "XS4ALL has no legal conveyance obligation", which means they don't have to relay the spam. I'm not sure where this translates into AbFab can't send mail to the mail servers. IT seems to me it would more logically mean that XS4ALL doesn't have to deliver the mail if it is sent to their servers (they have no legal obligation to convey these messages to their users). It's kinda like if I get mail for someone else at my house. I have no legal obligation to convey that message on to the correct address, I can just throw it out. But I can't charge the person who sent it to my house (even if they did it on purpose). They other question is what happens if a user requests email fro AbFab. Out of all their users, I'm sure their is at least one person who wants whatever crap it is their selling. As this ruling talks about unsolicited email, if a person signs up for it, can they be charged for sending it?

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    15. Re:Here it is: the first of many by zoids! · · Score: 1

      Hi Dirk, Since XS4ALL has no legal obligation, you can see it as a service to their clients. These clients are paying for their bandwidth (and other services, like email servers) every month. Now somebody is going to use this bandwidth and servers for not asked for email. Therefore they are abusing the services the clients are paying the ISP for. When you are receiving spam at your house, it doesn't cost you a thing. The spammer pays to get their message accross. Obviously, if you are requesting email from AbFab (a very unlikely event indeed) AbFab is not abusing your or the ISP's facilities, so they won't have to pay a penny. Maarten ps. xs4all has had / is having a problem with unsolicited email putting a very high load on their email servers.

    16. Re:Here it is: the first of many by Anonymous Coward · · Score: 0
      I'm sorry to be complaining here, but I get so tired of Americans who think the world ends north of Minnesota and south of Texas.

      That may be the case, but there's nothing interesting north of Sacramento or south of Monterey, anyway.

      (And I'm pretty sure the world ends on the other side of the Sierras. Why else would there be a big mountain range there?)

    17. Re:Here it is: the first of many by zbuffered · · Score: 1

      I have a friend who, whenever I say, "see you tomorrow" past 12am, corrects me. Every time. You remind me of him with that comment.

      --
      Synergy is your friend
  10. victims & sentence by storem · · Score: 5, Informative
    It's seems that the court case was initiated by some XS4ALL users (spam victims) in co-operation with the ISP.

    The sentence translates to:

    The sentencing judge:

    1. Prohibits AB.FAB from sending commercial e-mail messages (or have them sent), in their name or in the name of third parties, to (e-mail addresses of) users and/or customers and/or members of XS4ALL. Otherwise a penality of 50,- per e-mail message, with a maximum of 2.500.000 (two and a half million euro), where user and/or customer and/or member of XS4ALL is at least:

      everyone who holds an e-mail address ending in a domainname containing the word XS4ALL, explicitely inluding domainnames: XS4ALL.NL, XS4ALL.com, XS4ALL.net, XS4ALL.org, XS4ALL.co.uk, XS4ALL.be, and the domainnname hacktic.nl.

    2. Refuses the provision asked by the XXXXX c.s. (the spam victims)
    3. Compensates the costs of trial so, every party pays it's own costs.
    4. Declares the ruling executable.
    5. Denies more or different askings.
    1. Re:victims & sentence by Anonymous Coward · · Score: 0

      interesting.. does that mean we can all benefit
      from the ruleing by a subdomain using xs4all.whatever.com ?

  11. Great, what about the rest of the planet? by Anonymous Coward · · Score: 1, Insightful

    Fantastic, Dutch ISPs will now be able to block spam with impunity. However, I don't really see how this will help the state of affairs for the majority of the global online populous (aka netizens).

    1. Re:Great, what about the rest of the planet? by scheveningen · · Score: 1

      I guess the rest of the planet could become spam refugees by subscribing to xs4all. However they'd still need some other ISP for their actual connection to the net (for now...)

      Am I spamming by writing this?

    2. Re:Great, what about the rest of the planet? by MMMMMMMMMMMMMMMMMMMM · · Score: -1

      Right, just sit back and wait, things eventually will settle by themself. Maybe watch some TV and eat donuts in the mean time, that will help the global online populus.

    3. Re:Great, what about the rest of the planet? by Anonymous Coward · · Score: 1, Interesting

      Actually, I have a XS4all account since 1996 and am soon abandoning it because it gets way too much spam. The bulk of it comes down the pipe from dial-up accounts from the biggest American ISPs and Asian open relays. The ruling hasn't stopped that.

      Blame for my innoncence for using my XS4all address when posting on Usenet during 1996 and 1997 and putting up on my website, but spam wasn't such an issue then.

    4. Re:Great, what about the rest of the planet? by Teun · · Score: 2

      Why not make a new POP or alias adress?
      Xs4all allows you 5 unique POP boxes with 10 aliases each!
      And you can allways abandon one for another.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    5. Re:Great, what about the rest of the planet? by Teun · · Score: 2

      No they can't block the spam but they can go after the spammers.
      As AbFab was a national company with mainly national clients this was relatively easy.
      It's still just as hard to fight against spammers from far away.
      Xs4all is running a trial with a few hundred subscribers on a DNS-based anti-spam system, looks good so far and might be available to all in the future.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  12. Heh heh heh by Anonymous Coward · · Score: -1, Offtopic

    I am gay, I love COCK! Someone please come and roleplay on IRC. Or else I will kline you! Heh heh heh

    -Emad El-Haraty

  13. A very effective cure for spam by Anonymous Coward · · Score: 0, Interesting

    I developed a system which I run on our Beowulf cluster of Linux boxes. It monitors connections on port 25, and rejects any that match any of the following criteria: originator is on cable or DSL: originator has an open relay: originator is running servers on port greater than 1024. Works great, spam has dropped and so has total cost of ownership; our eCommerce bussiness is thriving. Just another reason why Open Source is good for the post-September 11 economy.

  14. OSPEA by Anonymous Coward · · Score: -1, Offtopic

    Only sick perverts enjoy anime

  15. The ruling is not about SPAM. by www.sorehands.com · · Score: 5, Interesting
    The ruling is more about rights of an ISP to control its own system. The approaches what the appeals court ruled in Intel v. Hamibi.

    Similar rulings in the United States would start detailing the landscape of rights of website owners to keep SPAMMERS from scraping.

    1. Re:The ruling is not about SPAM. by Dimensio · · Score: 2

      I checked that site -- what a whiner! Exactly what is it that Hamibi believes he has a "right" to force onto Intel's privately owned machines at their expense?

    2. Re:The ruling is not about SPAM. by Anonymous Coward · · Score: -1, Troll

      Wow, that guy's a fucking fag.

    3. Re:The ruling is not about SPAM. by tulare · · Score: 3, Funny
      I went ahead and had a look at Hamibi's website, too, and had to laugh through my disgust.
      "granted Intel an unprecedented preliminary injunction to ban me from sending informative and educational e-mail messages to Intel employees."
      Yeah, right. I can just imagine his idea of "Educational and informative" now:

      TO: staff@intel.com
      FROM: eoiff30dn3@hotmail.com
      SUBJECT: INCREASE YOUR PENIS SIZE NOW - NINE INCHES GUARIANTEED!!!!!!!

      Hamibi Enterprises, a well known and medically respected pharmaceutical manufacturer announces a fantastic new brakesthru now - bring out the REAL you! Results GURANTEED!....
      Got a couple of Shifmans in his family tree, I guess.
      --
      political_news.c: warning: comparison is always true due to limited range of data type
    4. Re:The ruling is not about SPAM. by some+guy+I+know · · Score: 1

      Hamibi seems to claim that since Intel connected their network up to the Internet, it is now public domain, just like the public roads, and he should be able to send email to anyone on that network.
      By his reasoning, he should be able to put stuff in my garage because it's hooked up to the public roads via my driveway.

      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    5. Re:The ruling is not about SPAM. by tomstdenis · · Score: 2, Interesting

      Except Hamibi doesn't have a case. He was clearly abusing a PRIVATELY owned server.

      Just because a system is publicly accessible doesn't mean its "public domain property".

      What about stores in a Mall? I can just walk in off the street, does that I mean I can do what I want in the store?

      I think "Hamibi" is a good example of people trying to make causes [like Kevin Mitnick another criminal]. I mean how can you do something that at the least is clearly bad faith [if not illegal] then sit back and cry your rights are violated when they stop you from abusing other peoples equipment?

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:The ruling is not about SPAM. by www.sorehands.com · · Score: 2
      He is not trying to sell anything. He is not spamming his resume.


      He is bitching about Intel's practices.

    7. Re:The ruling is not about SPAM. by Sabalon · · Score: 2

      I dunno about california, but if I go out onto a public road and do donuts, speed, etc... I get in a wee bit of trouble.

      Anyway, since when is the Internet a public resource? It may have been started by the US gov, but isn't the public internet now owned by MCI, Sprint, etc...

      BTW - where is your house...my garage is full :)

  16. Dutch language verdict by cheezehead · · Score: 2, Informative

    Unfortunately, most of the actual case documents are in dutch, some of which are still being translated.

    Well, I read the 8 page verdict, and there's not a whole lot there that's not in the English abstract. So don't worry, I don't think you're missing a lot.
    (Sorry, I'm not going to translate 8 pages of Dutch legalese into English).

    --

    MSN 8: Now Microsoft even has bugs in their ad campaigns.

    1. Re:Dutch language verdict by Rits · · Score: 1

      For those who don't like to read scanned paper, here's a link to the official Dutch site where almost all verdicts are made publicly available:

      http://www.rechtspraak.nl/uitspraak/frameset.asp ?u i_id=31892

      --
      If you don't like having choices made for you, you should start making your own. - Neal Stephenson
  17. I don't understand by Anonymous Coward · · Score: 2, Insightful

    One thing I am really confused about is what makes congress fellows hesitate about passing a law to ban spam? Does that conflict their personal interests, or is that (possibly?) unconstitutional, or is it just technicalities? Doesn't banning spam benifit everybody except spammers?

    1. Re:I don't understand by Anonymous Coward · · Score: 0

      It makes no sense to pass an unenforceable law. I'm sure that we'd all agree that hating cute little babies is wrong, but what good would passing a law against it do?

    2. Re:I don't understand by Koos · · Score: 2
      My simple answer: those congress fellows think about e-mail as a way to advertise for their own re-election.

      The not-so-simple answer: a correct definition of unsollicited e-mail is hard to make. At the receiving end it may look easy (based on contents) but think of the shades of grey when replying to a posting. Example: You ask for help on selecting an upgrade for your PC, you are doubting whether a Yoyodine tapedrive will work. One reply is "I use a Yoyodine tapedrive and it works great", one is "we at WeSellHardware sell a lot of Yoyodine tapedrives and customers are happy", one is "Special offer for Yoyodine tapedrives!". The middle one is both usefull information and a sort of advertisment. Is it spam ? Depends on what the receiver feels about it.

    3. Re:I don't understand by ckd · · Score: 2
      The not-so-simple answer: a correct definition of unsollicited e-mail is hard to make.

      That's why the important thing to go after is unsolicited bulk email. The "I posted about Yoyodyne tape drives and got a response from a Yoyodyne reseller" example is one thing; the "I posted about Yoyodyne tape drives and me and everyone else on the group got a bunch of messages about hot and horny mortgage lenders" is another.

      It should be fairly easy for a reasonable-sized ISP to prove the bulk part all by themselves; even smaller sites can usually do it via news.admin.net-abuse.email.

      Single, human-sent-to-a-specific-person commercial email doesn't scale fast enough (and costs the sender too much, even in this economy) to be the same problem as scrape-the-net-and-blast-it-out stuff. Attack the latter first.

  18. The Futility of Slashdot's Business Model. by Anonymous Coward · · Score: -1, Troll


    Fuck Subscription!

    J U N K B U S T E R

    Just say NO to annoying StinkGeek banners and in-line 200x200 pixel "Do YOU have reliable [foo]...? Then you NEED SourceForge(TM) Enterprise 2002...! Order today."-esque ads.

    CmdrTaco, Homos, Gayme, CowboiKneel, et. al..: GET REAL FUCKING JOBS!

    Thank you.

    1. Re:The Futility of Slashdot's Business Model. by Anonymous Coward · · Score: -1, Offtopic

      Yo for the record it looks to me like the inline stuff is 336x280 pixels, not 200x200.

  19. This is such flaming bullshit by AgentTim3 · · Score: 3, Insightful

    disclamer: I only ask that you READ all the way through this mess before modding it as troll. thx.

    Get ready for a long one. YES, spam sucks. We all know it, we agree with it, no one likes it. Guess what? DEAL with it!

    In order to legislate the Internet, parallels must be drawn between it and regular society. Why? Because the Internet IS regular society, en masse. You've read all the shite about it being a global community, well, it IS!

    We've all seen the posts before comparing spam to junk mail and why that makes it legitimate. No one has bothered to fully explain that so I'm going to, because IT'S TRUE.

    You move into/purchase/rent/lease a house. Your address is thereby registered in various marketing pools. By participating in surveys, signing up for credit cards, buying various things, your Home Address gets propagated around the Real World net. Advertisers troll these networks and eventually pick up that you, Person A, live at Address B. And so they begin to send you mass mailings. The ones you receive may be personalized to your community. Depending on how much information you've volunteered to the Network, they may be personalized to your age/sex/religion/choice of pets/favorite video game console/etc. These people pay money to the (very much legitimate) US Postal Service to see that their advertisements/coupons/etc. are mailed to you.

    Now we move to the Internet parallel. You have signed up for an Internet Address. The Internet is public. I will repeat this. The Internet is PUBLIC. Therefore people on the Internet can determine your address, just as much as I can browse the white pages looking for Real World home addresses. Depending on how much information you have submitted through various channels to the Internet, people may have put together certain profiles about you. Just as in real life, they will determine which advertisements are best suited to you, and make sure to send them to your PUBLIC address.

    Being that this is Slashdot and no space to write novels, I would hope that we have all seen the obvious parallels between Home Addresses and Internet Addresses. If not, reread the above paragraphs until it makes sense.

    Now, onto the problem (and indeed, I will propose the Solution)...

    The US Postal Service requires MONEY in order to send out bulk mailings. The cost IS proportionate to the amount of mail that one wishes to send out. If I wish to print one million full color ten page Pennysavers and send them out to my "most likely to buy stuff" list of targets, I must pay a requisite sum to the Postal Service in order to see that these ads are delivered. This is where the Internet FAILS MISERABLY. ISP's do not care about bulk mail. Open relays allow far too many people to send far too many identical messages without caring about how many poor souls are copied on the same duplicated message. The ISP level is where it MUST CEASE. The current system is retarded and asinine. Those that maintain SMTP servers MUST begin to charge appropriate rates for bulk mail. There is no reason not to do this. Yes, I hear you whiners coming with "I'm a busy business professional, mail rates will hamper me!" BULLSHIT. *I* am an extremely busy business professional. I send AT MOST fifty emails a day. DAMN sure that they are all NOT identical ads merely being copied to various other people. At the ISP level, this is not in any way difficult to filter out and charge for.

    I propose a simple and effective email charge system, where bulk mailers are FORCED to pay an appropriate amount in order to mail to a few thousand, tens of thousand, etc people.

    The problem now is that our "open" network allows spammers to do their business virtually for free. If we can force them to conform to a business model that mimics the Real World and no longer lives in Fantasy Land, I will guarantee you that our goal of receiving less spam will be accomplished. However, I can't say this enough: Attempting to legislate against this practice is not only ineffective, it is UNCONSTITUTIONAL and completely worthless. Restricting people from advertising their products to PUBLIC networks and PUBLIC addresses on those networks goes against everything our country was founded on.

    There also exists a second solution, which I'm sure many people will bitch about as well. But it's simple: Maintain TWO email addresses. Keep one public, open to any senders. Go through it as your business needs demand, and filter out any important emails. Keep the second address PRIVATE, that is, only accept emails from people on your "accept" list. I submit that this is really not that horrible a thing, and many of us are doing it already. Is my /. address my "main"? Not even close!! I have a personal address which I give out to coworkers, close friends, etc., which they have instant access to. The access list blocks any emails orginating from unfamiliar territory. I check my other, public list as I need to, and filter out the crap that builds up in there.

    In short summary, legislating against spam is yet another of the giant wastes of time that government spends its time doing. It needs to be addressed from the economical model (reasonable ISP charges) or from the personal level (maintain public/private email addresses). Anything else does nothing but waste clock cycles.

    --t

    1. Re:This is such flaming bullshit by Thorizdin · · Score: 3, Insightful

      I think I agree with your intent, but not your logic. When you say the Internet is a "public" network, you are only partially correct. A truly public network would not be owned by companies like UUNET, Sprint, and AT&T, not to mention the countless companies whose infrastructure makes up the Internet. I agree totally that new laws won't do what is needed, what is needed is for ISP's and enterprises to take their claims of harm (wasted bandwidth & processor cycles) to court and make it very expensive for companies to use UCE. The problem with trying to create a system that forces the Spammers to pay the network providers is there isn't "one" entity like the Post Office that handles email, or even email policies for America, much less the rest of the world. I think a better long term approach is to force opt-in, which will force advertisers to go down the pay the recipient track. ISP's and other service providers will have to watch for abuse from endusers, but disk qoutas and aging would handle most of that problem. If users started getting out of hand max email per day qoutas could be built fairly easily.

      Thorizdin

    2. Re:This is such flaming bullshit by bero-rh · · Score: 5, Insightful

      Now we move to the Internet parallel. You have signed up for an Internet Address. The Internet is public. I will repeat this. The Internet is PUBLIC. Therefore people on the Internet can determine your address, just as much as I can browse the white pages looking for Real World home addresses. Depending on how much information you have submitted through various channels to the Internet, people may have put together certain profiles about you. Just as in real life, they will determine which advertisements are best suited to you, and make sure to send them to your PUBLIC address.

      Not really.
      I receive loads of pr0n spam, and I'm actually one of the guys who are seriously offended by this sort of crap. I also make a point of publishing the fact that I don't want spam in my .signature, and nobody "targets" that.

      And there's another difference you're overlooking. "Real" junk mail doesn't cost the recipient anything (other than the time to throw it away), while many people actually pay for their net connectivity by volume or by duration, both of which causes them to pay for receiving spam.

      And, of course, at least some countries have laws allowing for "no junk mail" stickers on mail boxes, and disallowing delivery of junk mail to those. This actually works; I've received only one piece of junk snailmail this year [and its sender won't dare to do that again], in contrast to roughly 400 spam mails per day.

      I propose a simple and effective email charge system, where bulk mailers are FORCED to pay an appropriate amount in order to mail to a few thousand, tens of thousand, etc people.

      If it's used to compensate the recipients for their loss, it may actually be fair.

      Restricting people from advertising their products to PUBLIC networks and PUBLIC addresses on those networks goes against everything our country was founded on.

      Not quite. It has never been legal to steal, and spam is stealing bandwidth and connectivity cost.
      A rough equivalent to stealing bandwidth by spamming is stealing capacity of a bus or train - so if you think spammers should be protected by the constitution, you're implying that people who ride a train/bus/plane or any other piece of PUBLIC transportation without a ticket should be protected, as well.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
    3. Re:This is such flaming bullshit by Anonymous Coward · · Score: 1, Interesting

      Ummm, your parallel is flawed in that the US Supreme Court has held since 1970 (Rowan v. USPS) that anyone may prohibit anyone from mailing them anything. All one has to do is file the appropriate paperwork with the Post Office. The PO then sends a prohibitory order to the mailer, who must then delete the name, address, etc. from their lists. They can't send you anything for 5 years. The court's ruling was quite interesting and it blew all of the Snail Mail spammer's arguments right out of the water...

      See also - the federal junk fax ban... PAssed because it costs virtually nothing to send faxes, but passes the cost onto the recipient in the form of paper, toner, maintenance of phone line, inability to use that line for business, etc...

      I fail to see why that same 1970 case doesn't apply to email, or why spammers ought to be able to send me anything without my express double-opt-in consent. If I want their crap, I'll search for it and ask for it. I'll verify it. But don't you dare presume to *think* that you know my preferences or desires. Don't you presume to think that wasting even a femtosecond of my time is your right. I have the absolute right to be let alone and fully intend to enjoy it - so keep your fucken opinions to yourself and those who request them. Leave me out of it. I ought not to have to delete anything - there's 500 million people on the net - if even 10% of those people sent me an email every day, I'd never get anything done.

      God damned spammers ought to be taken out and shot.

    4. Re:This is such flaming bullshit by some+guy+I+know · · Score: 3, Insightful
      The Internet is public. I will repeat this. The Internet is PUBLIC.

      The Internet is not public. I will repeat this. The Internet is NOT PUBLIC.

      It has some public elements. Parts of it are held by public institutions. Other parts of it are exposed to the public.
      But the vast majority of the Internet is owned by private companies.

      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    5. Re:This is such flaming bullshit by Anonymous Coward · · Score: 0

      I disagree with your view that:

      "The Internet is PUBLIC. Therefore people on the Internet can determine your address, just as much as I can browse the white pages looking for Real World home addresses."

      Go on then - find mine. I challenge you.

    6. Re:This is such flaming bullshit by Anonymous Coward · · Score: 1, Insightful

      I disagree with the notion that one of your proposals could be the solution to the spam problem. Charging for mail sent and using different addresses for different purposes are two often-heard proposals, which are just as often rejected because they either do not work or are even more in fantasy land than the current system.

      Just two facts: If you're using separate mail addresses, what are you going to do with the mails coming in on the "spam magnet" address? Ignore them? If so, why don't you just stop using an email address in these situations at all? If you are sifting through the shitload of spam to find legitimate messages, you might just as well use one address for all as sorting them first only to look at all anyway isn't going to save you anything. Then there's the problem that it's simply impossible to keep mail addresses secret. They leak through CCs, worms, web greeting cards ex-friends on a mission, etc.

      Then about the send-fees: Faxes already cost the sender money, and I get a shitload of faxspam anyway, clogging my fax machine, costing my time to money. If you want a system like paper junk mail, use paper junk mail.

    7. Re:This is such flaming bullshit by sangdrax · · Score: 1

      I dunno about the rest of the world but here in Holland we can put stickers on our mailboxes saying I don't want any marketing leaflets and/or free local newspapers etc, which is in my eyes just snail-mail spam. I want the same stickers on my email mailbox, and this is the first step towards that. If I don't want spam I don't want spam not even if the sender payed to get it delivered.

    8. Re: This is such flaming bullshit by mutende · · Score: 2
      here in Holland we can put stickers on our mailboxes saying I don't want any marketing leaflets and/or free local newspapers etc.

      So do we in Denmark, and as of July 2000 Denmark has also banned spam.

      --
      Unselfish actions pay back better
    9. Re:This is such flaming bullshit by Jay+L · · Score: 2

      The "e-stamps" model has been looked at and rejected for two reasons:

      1. Political: You would need to get EVERYONE to agree on a new standard. We can't even get everyone to upgrade sendmail. We can't even get everyone to agree that closing relays is a good thing.

      2. The technology-scaling challenges in creating and tracking such stamps are overwhelming, and perhaps impossible to overcome. As someone pointed out, the USPS is a monolithic system, and it's easy for them to make sure all stamps are at least cursorily checked for authenticity. Not so with e-mail, which is a store-and-forward system. You can't open a connection from each final-hop mail server to the origin, so you need some sort of "one-time pad", which is difficult (impossible?) to do without centralization.

      Jay the ex-AOL mail guy

    10. Re:This is such flaming bullshit by scsirob · · Score: 1
      Guess what... You're right about Internet being the society. And just like in any other society there are rules to live by

      . Dunno where you come form, but here in The Netherlands (coincidentally where XS4All resides), it is not considered decent social behavior to take a high-power PA installation and yell ads through a microphone in the middle of a city. If you do, you first get warned, then your PA gets confiscated. If you persist, you end up with fines, and finally end up in jail.

      That's how we DEAL with it...

      --
      To Terminate, or not to Terminate, that's the question - SCSIROB
    11. Re:This is such flaming bullshit by csmiller · · Score: 1
      I'd like to see a law that ensures all spam/unsolicated bulk email has -
      1. A correct from: and replay-to: addresses
      2. Correct relayed-by: headers
      3. A 'X-UCE: Yes''header
      If such laws are passed, then filtering (either at sendmail or mailclient level) will get rid of most spam, and it would be easier to complain to the spammer, not that would do much.
      I'm not holding my breath for such laws to be passed though....
      --
      It has become appallingly obvious that our technology has exceeded our humanity. --- Albert Einstein
    12. Re:This is such flaming bullshit by NineNine · · Score: 1

      Those that maintain SMTP servers MUST begin to charge appropriate rates for bulk mail.

      Little problem with that... I run SMTP servers on most of my boxes for development, testing, etc. SMTP servers don't have anything to do with ISP's.

    13. Re:This is such flaming bullshit by Jay+L · · Score: 2

      That still requires processing the full content of the message to discover that it's spam. Big sites like AOL spend millions of dollars on equipment to process mail that will eventually hit the bit bucket. Much better to stop it before it hits.

  20. Another Errico Malatesta essay by Commienst · · Score: -1

    MAJORITIES AND MINORITIES

    We do not recognize the right of the majority to impose the law on the minority, even if the will of the majority in somewhat complicated issues could really be ascertained. The fact of having the majority on one's side does not in any way prove that one must be right. Indeed, humanity has always advanced through the initiative and efforts of individuals and minorities, whereas the majority, by its very nature, is slow, conservative, submissive to superior force and to established privileges.

    But if we do not for one moment recognize the right of majorities to dominate minorities, we are even more opposed to domination of the majority by a minority. It would be absurd to maintain that one is right because one is in a minority. If at all times there have been advanced and enlightened minorities, so too have there been minorities which were backward and reactionary; if there are human beings who are exceptional, and ahead of their times, there are also psychopaths, and especially are there apathetic individuals who allow themselves to be unconsciously carried on the tide of events.

    In any case it is not a question of being right or wrong; it is a question of freedom, freedom for all, freedom for each individual so long as he does not violate the equal freedom of others. No one can judge with certainty who is right and who is wrong, who is closer to the truth and which is the best road to the greatest good for each and everyone. Experience through freedom is the only means to arrive at the truth and the best solutions; and there is no freedom if there is not the freedom to be wrong.

    In our opinion, therefore, it is necessary that majority and minority should succeed in living together peacefully and profitably by mutual agreement and compromise, by the intelligent recognition of the practical necessities of communal life and of the usefulness of concessions which circumstances make necessary.

    As well as their reason and experience telling them that in spite of using all the alchemy of elections and parliament one always ends up by having laws which represent everything but the will of the majority, anarchists do not recognize that the majority as such, even if it were possible to establish beyond all doubt what it wanted, has the right to impose itself on the dissident minorities by the use of force.

    Apart from these considerations, there always exists the fact that in a capitalist regime, in which society is divided into rich and poor, into employers and employees whose next meal depends on the absolute power of the boss, there cannot be really free elections.

    REFORMISM

    The fundamental error of the reformists is that of dreaming of solidarity, a sincere collaboration, between masters and servants, between proprietors and workers which even if it might have existed here and there in periods of profound unconsciousness of the masses and of ingenuous faith in religion and rewards, is utterly impossible today.

    Those who envisage a society of well stuffed pigs which waddle contentedly under the ferule of a small number of swineherd; who do not take into account the need for freedom and the sentiment of human dignity; who really believe in a God that orders, for his abstruse ends, the poor to be submissive and the rich to be good and charitable-can also imagine and aspire to a technical organisation of production which assures abundance to all and is at the same time materially advantageous both to the bosses and to the workers. But in reality " social peace" based on abundance for all will remain a dream, so long as society is divided into antogonistic classes, that is employers and employees. And there will be neither peace nor abundance.

    The antogonism is spiritual rather than material. There will never be a sincere understanding between bosses and workers for the better exploitation of the forces of nature in the interests of mankind, because the bosses above all want to remain bosses and secure always more power at the expense of the workers, as well as by competition with other bosses, whereas the workers have had their fill of bosses and don't want more! '

    [Our good friends] are wasting their time when they tell us that a little freedom is better than a brutal and unbridled tyranny; that n reasonable working day, a wage that allows people to live better than animals, and protection of women and children, are preferable to the exploitation of human labour to the point of human exhaustion; or that the State school, bad as it is, is always better, from the point of view of the child's moral development, than schools run by priests and monks . . . for we are in complete agreement. And we also agree that there may be circumstances in which the Election results, national or local, can have good or bad consequences and that this vote might be determined by the anarchists' votes if the strength of the rival parties were equally balanced.

    In most cases it is an illusion; when elections are tolerably free, the only value they have is symbolic: they indicate the state of public opinion, which would have imposed itself by more efficacious means, and with more far reaching results, if it had not been offered the outlet of elections. But no matter; even if some minor advances were the direct result of an electoral victory, anarchists should not flock to the polling booths or cease to preach their methods of struggle.

    Since no one can do everything in this world, one must choose one's own line of conduct.

    There is always an element of contradiction between minor improvements, the satisfaction of immediate needs and the struggle for a society which is really better than the existing one. Those who want to devote themselves to the erection of public lavatories and drinking fountains where there is a need for them, or who use their energies for the construction of a road, or the establishment of a municipal school, or for the passing of some minor law to protect workers or to get rid of a brutal policeman, do well, perhaps, to use the* ballot paper in favour of this or that influential personage. But then - since one wants to be "practical" one must go the whole hog - so, rather than wait for the victory of the opposition party, rather than vote for the more kindred party, it is worth taking a short cut and support the dominant party, and serve the government already in office, and become the agent of the Prefect or the Mayor. And in fact the neo-converts we have in mind did not in fact propose voting for the most " progressive " party, but for the one that had the greater chance of being elected . . But in that case where does it all end? . . .

    In the course of human history it is generally the case that the malcontents, the oppressed, and the rebels, before being able to conceive and desire a radical change in the political and social institutions, restrict their demands to partial changes, to concessions by the rulers, and to improvements. Hopes of obtaining reforms as well as in their efficacy, precede the conviction that in order to destroy the power of a government or of a class, it is necessary to deny the reasons for that power, and therefore to make a revolution.

    In the order of things, reforms are then introduced or they are not, and once introduced either consolidate the existing regime or undermine it; assist the advent of revolution or hamper it and benefit or harm progress in general, depending on their specific characteristic, the spirit in which they have been granted, and above all, the spirit in which they are asked for, claimed or seized by the people.

    Governments and the privileged classes are naturally always guided by instincts of self preservation, of consolidation and the development of their powers and privileges; and when they consent to reforms it is either because they consider that they will serve their ends or because they do not feel strong enough to resist, and give in, fearing what might otherwise be a worse alternative.

    The oppressed, either ask for and welcome improvements as a benefit graciously conceded, recognise the legitimacy of the power which is over them, and so do more harm than good by helping to slow down, or divert and perhaps even stop the processes of emancipation. Or instead they demand and impose improvements by their action, and welcome them as partial victories over the class enemy, using them as a spur to greater achievements, and thus they are a valid help and a preparation to the total overthrow of privilege, that is, for the revolution. A point is reached when the demands of the dominated class cannot be acceded to by the ruling class without compromising their power. Then the violent conflict inevitably occurs.

    It is not true to say therefore, that revolutionaries are systematically opposed to improvements, to reforms. They oppose the reformists on the one hand because their methods are less effective for securing reforms from governments and employers, who only give in through fear, and on the other hand because very often the reforms they prefer are those which not only bring doubtful immediate benefits, but also serve to consolidate the existing regime and to give the workers a vested interest in its continued existence. Thus, for instance, State pensions, insurance schemes, as well as profit sharing schemes in agricultural and industrial enterprises, etc.

    Apart from the unpleasantness of the word which has been abused and discredited by politicians, anarchism has always been, and can never be anything but, reformist. We prefer to say reformative in order to avoid any possible confusion with those who are officially classified as " reformists " and seek by means of small and often ephemeral improvements to make the present system more bearable (and as a result help to consolidate it); or who instead believe in good faith that it is possible to eliminate the existing social evils by recognising and respecting, in practice if not in theory, the basic political and economic institutions which are the cause of. as well as the prop that supports these evils. But in any case it is always a question of reforms, and the essential difference lies in the kind of reform one wants and the way one thinks of being able to achieve it. Revolution means, in the historical sense of the word, the radical reform of institutions, achieved rapidly by the violent insurrection of the people against existing power and privileges; and we are revolutionaries and insurrectionists because we do not just want to improve existing institutions but to destroy them completely, abolishing every form of domination by man over man, and every kind of parasitism on human labour; and because we want to achieve this as quickly as possible, and because we believe that institutions born of violence are maintained by violence and will not give way except to an equivalent violence. But the revolution cannot be made just when one likes. Should we remain inactive, waiting for the situation to mature with time?

    And even after a successful insurrection, could we over night realise all our desires and pass from a governmental and capitalist hell to a libertarian-communist heaven which is the complete freedom of man within the wished for community of interests with all men?

    These are illusions which can take root among authoritarians who look upon the masses as the raw material which those who have power can, by decrees, supported by bullets and handcuffs, mold to their will. But these illusions have not taken among anarchists. We need the people's consensus, and therefore we must persuade by means of propaganda and example, we must educate and seek to change the environment in such a way that this education may reach an ever increasing number of people....

    We are reformers today in so far as we seek to create the most favourable conditions and as large a body of enlightened militants so that an insurrection by the people would be brought to a satisfactory conclusion. We shall be reformers tomorrow, after a triumphant insurrection, and the achievement of freedom, in that we will seek with all the means that freedom permits, that is by propaganda, example and even violent resistance against anyone who should wish to restrict our freedom in order to win over to our ideas an ever greater number of people.

    But we will never recognise the institutions; we will take or win all possible reforms with the same spirit that one tears occupied territory from the enemy's grasp in order to go on advancing, and we will always remain enemies of every government, whether it be that of the monarchy today, or the republican or bolshevik governments of tomorrow.

    ORGANIZATION

    ORGANISATION which is, after all, only the practice of co-operation and solidarity, is a natural and necessary condition of social life; it is an inescapable fact which forces itself on everybody, as much on human society in general as on any group of people who are working towards a common objective. Since man neither wishes to, nor can, live in isolation-indeed being unable to develop his personality, and satisfy his physical and moral needs outside society and without the co- operation of his fellow beings-it is inevitable that those people who have neither the means nor a sufficiently developed social conscience to permit them to associate freely with those of a like mind and with common interests, are subjected to organisation by others, generally constituted in a class or as a ruling group, with the aim of exploiting the labour of others for their personal advantage. And the age-long oppression of the masses by a small privileged group has always been the result of the inability of most workers to agree among themselves to organise with others for production, for enjoyment and for the possible needs of defence against whoever might wish to exploit and oppress them. Anarchism exists to remedy this state of affairs....

    There are two factions among those who call themselves anarchists, with or without adjectives: supporters and opponents of organisation. If we cannot succeed in agreeing, let us, at least, try to understand each other.

    And first of all let us be clear about the distinctions since the question is a triple one: organisation in general as a principle and condition of social life today and in a future society; the organisation of the anarchist movement; and the organisation of the popular forces and especially of the working masses for resistance to government and capitalism....

    The basic error committed by those opposed to organisation is in believing that organization is not possible without authority.

    Now, it seems to us that organisation, that is to say, association for a specific purpose and with the structure and means required to attain it, is a necessary aspect of social life. A man in isolation cannot even live the life of a beast, for he is unable to obtain nourishment for himself except in tropical regions or when the population is exceptionally sparse; and he is, without exception, unable to rise much above the level of the animals. Having therefore to join with other humans, or more accurately, finding himself united to them as a consequence of the evolutionary antecedents of the species, he must submit to the will of others (be enslaved} or subject others to his will (be in authority) or live with others in fraternal agreement in the interests of the greatest good of all (be an associate). Nobody can escape from this necessity; and the most extreme anti-orgnisers not only are subject to the general organisation of the society they live in, but also in the voluntary actions in their lives, and in their rebellion against organisation, they unite among themselves, they share out their tasks, they organize with whom they are in agreement, and use the means that society puts at their disposal. . .

    Admitting as a possibility the existence of a community organised without authority, that is without compulsion-and anarchists must admit the possibility, or anarchy would have no meaning-let us pass on to discuss the organisation of the anarchist movement.

    In this case too, organisation seems useful and necessary. If movement means the whole-individuals with a common objective which they exert themselves to attain-it is natural that they should agree among themselves, join forces, share out the tasks and take all those steps which they think will lead to the achievement of those objectives. To remain isolated, each individual acting or seeking to act on his own without co-ordination, without preparation, without joining his modest efforts to a strong group, means condemning oneself to impotence, wasting one's efforts in small ineffectual action, and to lose faith very soon in one's aims and possibly being reduced to complete inactivity....

    A mathematician, a chemist, a psychologist or a sociologist may say they have no programme or are concerned only with establishing the truth. They seek knowledge, they are not seeking to do something. But anarchy and socialism are not sciences; they are proposals, projects, that anarchists and socialists seek to realise and which, therefore need to be formulated as definite programmes....

    If it is true that [organisation creates leaders]; if it is true that anarchists are unable to come together and arrive at agreement without submitting themselves to an authority, this means that they are not yet very good anarchists, and before thinking of establishing anarchy in the world they must think of making themselves able to live anarchistically. The remedy does not lie in the abolition of organisation but in the growing consciousness of each individual member.... In small as well as large societies, apart from brute force, of which it cannot be a question for us, the origin and justification for authority lies in social disorganisation.

    When a community has needs and its members do not know how to organise spontaneously to provide them, someone comes forward, an authority who satisfies those needs by utilising the services of all and directing them to his liking. If the roads are unsafe and the people do not know what measures to take, a police force emerges which in return for whatever services it renders expects to be supported and paid, as well as imposing itself and throwing its weight around; if some article is needed, and the community does not know how to arrange with the distant producers to supply it in exchange for goods produced locally, the merchant will appear who will profit by dealing with the needs of one section to sell and of the other to buy, and impose his own prices both on the producer and the consumer. This is what has happened in our midst; the less organised we have been the more prone are we to be imposed on by a few individuals. And this is understandable.

    So much so that organisation, far from creating authority, is the only cure for it and the only means whereby each one of us will get used to taking an active and conscious part in collective work, and cease being passive instruments in the hands of leaders....

    But an organisation, it is argued, presupposes an obligation to co-ordinate one's own activities with those of others; thus it violates liberty and fetters initiative. As we see it, what really takes away liberty and makes initiative impossible is the isolation which renders one powerless. Freedom is not an abstract right but the possibility of acting: this is true among ourselves as well as in society as a whole. And it is by co-operation with his fellows that man finds the means to express his activity and his power of initiatives

    An anarchist organisation must, in my opinion [allow for] complete autonomy, and independence, and therefore full responsibility, to individuals and groups; free agreement between those who think it useful to come together for co-operative action, for common aims; a moral duty to fulfill one's pledges and to take no action which is contrary to the accepted programme. On such bases one then introduces practical forms and the suitable instruments to give real life to the organisation. Thus the groups, the federation of groups, the federations of federations, meetings, congresses, correspondence committees and so on. But this also must be done freely, in such a way as not to restrict the thought and the initiative of individual members, but only to give greater scope to the efforts which in isolation would be impossible or ineffective. Thus for an anarchist organisation congresses, in spite of all the disadvantages from which they suffer as representative bodies . . . are free from authoritarianism in any shape or form because they do not legislate and do not impose their deliberations on others. They serve to maintain and increase personal contacts among the most active comrades, to summarise and encourage programmatic studies on the ways and means for action; to acquaint everybody with the situation in the regions and the kind of action most urgently needed; to summarise the various currents of anarchist opinions at the time and to prepare some kind of statistics therefrom. And their decisions are not binding but simply suggestions, advice and proposals to submit to all concerned, and they do not become binding and executive except for those who accept them and for as long as they accept them. The administrative organs they nominate - Correspondence Commissions, etc.-have no directive powers, do not take initiatives except for those who specifically solicit and approve of them, and have no authority to impose their own views, which they can certainly hold and propagate as groups of comrades, but which cannot be presented as the official views of the organisation. They publish the resolutions of the congresses and the opinions and proposals communicated to them by groups and individuals; and they act for those who want to make use of them, to facilitate relations between groups, and co-operation between those who are in agreement on various initiatives; each is free to correspond with whoever he likes direct, or to make use of other committees nominated by specific groupings

    In an anarchist organisation individual members can express any opinion and use every tactic which is not in contradiction with the accepted principles and does not interfere with the activities of others. In every case a particular organisation lasts so long as the reasons for union are superior to those for dissension: otherwise it disbands and makes way for other, more homogenous groupings.

    Certainly the life and permanence of an organisation is a condition for success in the long struggle before us, and besides, it is natural that every institution should by instinct aim at lasting indefinitely. But the duration of a libertarian organisation must be the result of the spiritual affinity of its members and of the adaptability of its constitution to the continually changing circumstances. When it can no longer serve a useful purpose it is better that it should die.

    We would certainly be happy if we could all get along well together and unite all the forces of anarchism in a strong movement; but we do not believe in the solidity of organisations which are built up on concessions and assumptions and in which there is no real agreement and sympathy between members.

    Better disunited than badly united. But we would wish that each individual joined his friends and that there should be no isolated forces, or lost forces.

    It remains for us to speak of the organisation of the working masses for resistance against both the government and the employers.

    . . . Workers will never be able to emancipate themselves so long as they do not find in union the moral, economic and physical strength that is needed to subdue the organised might of the oppressors.

    There have been anarchists, and there are still some, who while recognising the need to organise today for propaganda and action, are hostile to all organisations which do not have anarchism as their goal or which do not follow anarchist methods of struggle.... To those comrades it seemed that all organised forces for an objective less than radically revolutionary, were forces that the revolution was being deprived of. It seems to us instead, and experience has surely already confirmed our view, that their approach would condemn the anarchist movement to a state of perpetual sterility. To make propaganda we must be amongst the people, and it is in the workers' associations that workers find their comrades and especially those who are most disposed to understand and accept our ideas. But even when it were possible to do as much propaganda as we wished outside the associations, this could not have a noticeable effect on the working masses. Apart from a small number of individuals more educated and capable of abstract thought and theoretical enthusiasms, the worker cannot arrive at anarchism in one leap. To become a convinced anarchist, and not in name only, he must begin to feel the solidarity that joins him to his comrades, and to learn to cooperate with others in the defence of common interests and that, by struggling against the bosses and against the government which supports them, should realise that bosses and governments are useless parasites and that the workers could manage the domestic economy by their own efforts. And when the worker has understood this, he is an anarchist even if he does not call himself such.

    Furthermore, to encourage popular organisations of all kinds is the logical consequence of our basic ideas, and should therefore be an integral part of our programme.

    An authoritarian party, which aims at capturing power to impose its ideas, has an interest in the people remaining an amorphous mass, unable to act for themselves and therefore always easily dominated. And it follows, logically, that it cannot desire more than that much organisation, and of the kind it needs to attain power: Electoral organisations if it hopes to achieve it by legal means; Military organisation if it relies on violent action.

    But we anarchists do not want to emancipate the people; we want the people to emancipate themselves. We do not believe in the good that comes from above and imposed by force; we want the new way of life to emerge from the body of the people and correspond to the state of their development and advance as they advance. It matters to us therefore that all interests and opinions should find their expression in a conscious organisation and should influence communal life in proportion to their importance.

    We have undertaken the task of struggling against existing social organisation, and of overcoming the obstacles to the advent of a new society in which freedom and well being would be assured to everybody. To achieve this objective we organise ourselves in a party and seek to become as numerous and as strong as possible. But if it were only our party that was organised; if the workers were to remain isolated like so many units unconcerned about each other and only linked by the common chain; if we ourselves besides being organised as anarchists in a party, were not as workers organised with other workers, we could achieve nothing at all, or at most, we might be able to impose ourselves . . . and then it would not be the triumph of anarchy but our triumph. We could then go on calling ourselves anarchists, but in reality we should simply be rulers, and as impotent as all rulers are where the general good is concerned.'

    --

    I am into the copy and paste.
  21. spam by interstellar_donkey · · Score: -1, Troll

    What the fuck is a matter with you all?

    Spam kicks fucking ass. I get mine in cases of 14 at Costco every week and I eat nothing but it execpt on fridays because it's LENT right now (sinners)

    All of you who want to ban span can go suckle on my young, nubile pentil.

    --
    The Internet is generally stupid
  22. Legal action against spam? by Steven_Wostoen · · Score: -1, Troll

    What's the point? Spam will exist whether legal action is taken against some spammers or not. Spam is global, and the only way to really stop it is to hack into the offending mail system and cut off its head.

    Usually what I do to the boxes that are spamming me is this:

    # rm -rf /

    or

    # dd if=/dev/null of=/dev/rwd0x | hdax | mlxd0sxa | whatever, depending on the system in question

    or

    # rm -rf /dev/null
    If the machine is running a Microsoft OS I'm even harsher, with the Unix boxes I find doing this I will let them off the hook about 8/10 times, unless they really, really annoy me.

    I find the state of spam on the Net somewhat unnacceptable, especially in the last year or so, and to be honest I really don't have time to deal with it most of the time. Hopefully my actions, when I do choose to take action, will make one or two incompetent mail administrators think for a second or two.

    --

    cheers,

    Steven Wostoen
    Lead Programmer,
    J-j-j-julius Games

  23. No, its called 'Friction' by The+Mutant · · Score: 3, Interesting

    Currently spam is frictionless; that is, there is almost zero marginal cost associated with spamming, hence the constant increase in junk email.

    Something like this in the US would undoubtedly increase the cost of doing business for spammers aned their clients.

    Some spamming companies would get caught, have judegements filed against them, and have to pay up. Korean mail relays notwithstanding.

    No, I don't agree with your assertion that a judegement like this in the US would cause spam to "drop ZERO PERCENT".

    I'm willing to listen to your arguement, but as you've presented it its baseless.

  24. What's spam? by trollbot · · Score: 2, Funny
    For the vast majority of law-abiding Americans, spam is a non-issue. Almost everybody I fraternise with uses MicroSoft's HoTMaiL.NET service.

    During recent renovations to the worlds first and best web-mail system, MicroSoft were kind and talented enough to add a heuristics-based artificial intelligence spam-blocking feature. At first I was sceptical - I mean, I use a sophisticated L.I.N.U.X. system to try and reduce spam, and still I receive around 10-20 spam messages every day. Imagine my suprise the day I peered over a colleague's shoulder to see the work of art that is the new HoTMaiL.NET User Interface. Not only was it exceptionally aesthetically pleasing, but it had a helpful 'Junk-Mail' mailbox to keep precisely that - Junk Mail!!! I proceeded to enquire about this fantastic, energy saving innovation. My co-worker simply could not contain her delight with the system. She confided that since the HoTMaiL revamp, she had received a total of zero unwanted messages, including ones from a mentally unstable transient who had been stalking her for weeks!!

    I'm sorry if I rant, or come off as an 'astro-turfer' (whatever that means), but I prefer to think of myself as an evangelist. Simply put, HoTMaiL.NET is the finest e-mail system currently in use, and I would have no problems whatsoever in recommending it to anybody who would rather receive less unwanted mail. I'm sure that when the Netherlands receives access to the civilised Internet, the judge's decision will be overturned as their population migrates to a powerful, easy-to-use system such as MicroSoft's spam filter.

    --
    Greetings, for free software!
    1. Re:What's spam? by Anonymous Coward · · Score: 0

      Well have you tried Spamassassin for linux. This product really rocks. It's made better if you have razor. Razor will look up against online databases of spam and recognise it a such if held in the database. Spamassassin will do checks agains spam rbls and also mark mail due to words contained within. Such has the word free porn and also links or words saying remove me from this mailing list. I have not losted a single mail yet and only get about 1 spam through a week compared with the 40 odd or more a week.

    2. Re:What's spam? by sheean.nl · · Score: 1

      > I'm sure that when the Netherlands receives access to the civilised Internet I am, I am, do you really think we aren't receiving acces to the "civilised" internet? Most of us are using cable and/or ADSL so, shut up.

      --

      If at first you don't succeed, then sky diving definitely isn't for you.
  25. I'm a Loser Baby! by Commienst · · Score: -1

    Artist: Beck
    Song: Loser


    In the time of chimpanzees I was a monkey
    butane in my veins so i'm out to cut the junkie
    with the plastic eyeballs, spray paint the vegetables
    dog food stalls with the beefcake pantyhose
    kill the headlights and put it in neutral
    stock car flamin' with a loser and the cruise control
    baby's in Reno with the vitamin D
    got a couple of couches sleep on the love seat
    someone keeps sayin' I'm insane to complain
    about a shotgun wedding and a stain on my shirt
    don't believe everything that you breathe
    you get a parking violation and a maggot on your sleeve
    so shave your face with some mace in the dark
    savin' all your food stamps and burnin' down the trailer park

    (yo cut it)
    Soy un perdedor
    I'm a loser baby so why don't you kill me?
    (double-barrel buckshot)
    Soy un perdedor
    i'm a loser baby, so why don't you kill me?

    Forces of evil in a bozo nightmare
    banned all the music with a phony gas chamber
    'cuz one's got a weasel and the other's got a flag
    one's got on the pole shove the other in a bag
    with the rerun shows and the cocaine nose job
    the daytime crap with the folksinger slop
    he hung himself with a guitar string
    slap the turkey neck and it's hangin' on a pigeon wing
    you can't write if you can't relate
    trade the cash for the beef for the body for the hate
    and my time is a piece of wax fallin' on a termite
    who's chokin' on the splinters

    Soy un perdedor
    I'm a loser baby so why don't you kill me?
    (get crazy with the cheeze whiz)
    Soy un perdidor
    I'm a loser baby so why don't you kill me?
    (drive-by body pierce)
    (yo bring it on down)
    soooooooyy....
    (I'm a driver I'm a winner things are gonna change I can feel it)
    Soy un perdidor
    I'm a loser baby so why don't you kill me?
    (I can't believe you)
    Soy un perdidor
    I'm a loser baby so why don't you kill me?
    Soy un perdidor
    I'm a loser baby so why don't you kill me?
    [repeat]
    (Sprechen sie Deutches, baby
    Soy un perdidor
    I'm a loser baby so why don't you kill me?
    (Know what I'm sayin'?)

    --

    I am into the copy and paste.
  26. This isn't as good as it sounds. by wackybrit · · Score: 2

    XS4ALL have said that they have no legal obligation to deliver all mail that their customers are sent. While true, using this as a reason to ban certain e-mail from their system is a little worrying.

    Why? Because it means that screening e-mail will become commonplace and ethically acceptable in future.

    Take a less essential system such as IRC. Large channels often have ridiculous bans in place.. for example, kick/ban all those with French hosts, AOL users, people from Asia, people with nicknames they don't like.. and so on and so forth. E-mail could become a similarly uncontrolled system.

    Do you really want to use a provider who, yes, blocks spam.. but, if the administrator doesn't like the French.. oh well, that means no-one using that ISP will receive any e-mail sent from French ISPs? Or, say, mail from Middle Eastern countries?

    So, yeah, blocking spam is good.. but making this screening behavior morally acceptable simply means that a lot more mail is going to be screened in the future.. and you might not be getting all of the e-mails you are due.

    1. Re:This isn't as good as it sounds. by bzzzt · · Score: 1

      Actually, my experience with the XS4ALL guys is that they are a bunch of clueful people who won't suddenly decide all mail from a certain region is spam. Also, they don't have to block it; I'm currently using a mail account with spambox - all blocked mail can be downloaded separately, so I don't lose a thing and I won't have to sift through spam in my inbox.

    2. Re:This isn't as good as it sounds. by Tyndareos · · Score: 5, Informative

      You obviously don't know XS4ALL. Your statement definitely stands, but only on the premise that XS4ALL would want to screen email. I can assure you that this is not the case.

      Because of this verdiect XS4ALL doesn't need to screen email. Whenever a customer receives unsollicited email from ABFAB, they can report this voluntarily and ABFAB has to pay.

      XS4ALL is defintely the very best ISP in the Netherlands (and possibly even in a more global sense) in the 'your rights online' category. They were the first ISP in the Netherlands founded by a couple of 'hackers' starting their business in may 1993. From the start they offered services such as mail by UUCP and telnet-access to powerful UNIX-machines. In 1997 they were the only (!) Dutch ISP to refuse to cooperate in a nationwide 'tap', because they didn't think the law being referenced in the tap-order could actually be used to order a tap. A judge proved them right. During the Serbian war they kept B52, the radio station of Belgrado, on-air online. They encourage their customers to use encryption by giving every single one of them a personal copy of PGP. They mirror almost everything cool in the open-source world and have donated the official machine and bandwidth of the munitions international crypto-resource. They are the primary sponsors and organisers of the 'hacking-festivals', HEU (Hacking at the end of the universe), HIP (Hacking in progress) and HAL (Hackers at large). They have never pulled content of their customers, when they received orders to do so, unless the order cam from a judge. They support Linux/BSD by offering documentation, howto's and software on their website. It's even possible to meet most of the sysadmins on irc and talk about how their systems work, ask about the specs and generally talk with them. I could tell you more, but I think the point is made: XS4ALL is no threat to our online privacy and rights. I would almost say that they're the dream-isp of almost any slashdot-fanatic.

    3. Re:This isn't as good as it sounds. by Yhg1s · · Score: 2, Interesting
      Actually, no, this isn't true. The quoted pieces of the ruling do not show it, but XS4ALL claims to have the legal obligation of delivering all mail (unless otherwise indicated by the user(s) themselves) and the complete ruling actually stipulates this:
      The essential point is that XS4ALL has no legal conveyance obligation. It has nevertheless given its users and/or customers and/or subscribers (hereinafter referred to as customers) a commitment that it will convey all e-mail messages and has thus imposed a conveyance obligation upon itself.
      Please read the entire story at www.xs4all.nl/uk. The court ruled 'no legal conveyance obligation', yes, which is indeed a pity. It is up to each ISP to declare that for themselves, and up to each individual to make sure they choose an ISP that does exactly that :-)
      --
      Thomas
      --
      Hi! I'm a .signature virus! copy me into your .signature file to
    4. Re:This isn't as good as it sounds. by Arlet · · Score: 3, Interesting

      Very true. Also, they have a very interesting policy that they encourage you to crack their systems, and as long as you don't destroy anything, and tell them about the security hole you've found, they'll refund part of your subscription as a reward.

    5. Re:This isn't as good as it sounds. by pigeon · · Score: 1

      Plus the fact that xs4all dared to take on the creeps of scientology, and won. That, and their technical expertise is why I have been a subscriber from 1994.

    6. Re:This isn't as good as it sounds. by wfrp01 · · Score: 2

      XS4ALL may be the finest ISP around. But that doesn't negate the point: if the ruling is based on the premise that an ISP has this degree of control over the resources it makes available to its customers, then it opens the door for ISP's to censor content. It destroys what Lessig calls the "end-to-end" quality that makes the Internet so appealing. Maybe we don't need to worry about XS4ALL - that's great. The problem is how the legal precedent could be used by other less discriminating operators.

      --

      --Lawrence Lessig for Congress!
    7. Re:This isn't as good as it sounds. by Teun · · Score: 2

      This precedent only threatens spammers, it does not make any hint that (unwanted) filtering or blocking now becomes an option.
      It is directed at the root of the evil.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    8. Re:This isn't as good as it sounds. by Anonymous Coward · · Score: 0

      The ruling is not "based on the premise that an ISP has this degree of control over the resources it makes available to its customers". It's more like a collective opt-out. Xs4all isn't blocking anything, ever. Any xs4all-client can still opt-in at anything with anybody.

    9. Re:This isn't as good as it sounds. by wfrp01 · · Score: 0, Offtopic

      Ahem ... guess I should go read the actual ruling, rather than making anectodal inferences based on what I read in /. posts... My bad.

      --

      --Lawrence Lessig for Congress!
  27. You are right about one thing.... by Commienst · · Score: -1

    Dear Troll,

    We are sad to inform you that, after careful consideration , we have rejected your troll submission to the Troll Library.

    You show a a poor skill at trolling. Please go read Troll Howto, and try again. Either that, or stick to adequacy.

    --

    I am into the copy and paste.
  28. Hey dumbass by tulare · · Score: 2

    I really think it's great that you have reduced the amount of spam you get, but by your ruleset, you wouldn't be able to read this if it were an email message. And rest assured I'm not running an open mail relay.
    BTW, just how long does it take your mailserver to check each and every email coming in for these criteria? Beowulf cluster of Linux boxes does this work? Really?

    --
    political_news.c: warning: comparison is always true due to limited range of data type
  29. This is not the victory that many of you think by kcbrown · · Score: 4, Insightful
    The judge says that "XS4ALL does not have a conveyance obligation".

    Now, XS4ALL is not an U.S. based ISP, so certain concepts like that of common carrier status may not apply. But such things used to apply in the U.S., even if they don't apply today.

    The reason this isn't a victory is that it essentially declares that the ISP may transport ("convey") whatever data it pleases.

    Well, it is a privately owned company, and I can see some merit to the argument that what it does with its resources is its own business.

    But now apply the same logic to all ISPs, particularly the large ones, in light of the behavior of the media. That's right, folks: this ruling means that ISPs have the right to refuse to transmit any data they see fit. In short, they have the right to censor. After all, there's nothing that prevents them from selectively filtering.

    How would you like it if an ISP decided that it didn't want to bother transiting any Slashdot traffic? Or Kuro5hin? Or any non-mainstream web source? What if they start dropping data based on the content of the data itself? Think it can't happen?

    You say you could go to another ISP? Tell us that when the only ISPs left are AOL/TW and AT&T (the former, at least, has a very large interest in being selective about what you, the audience, see).

    This may be a "victory" in the fight against spam, but it has ramifications that are so bad that I'll take the spam, thank you.

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    1. Re:This is not the victory that many of you think by some+guy+I+know · · Score: 1
      How would you like it if an ISP decided that it didn't want to bother transiting any Slashdot traffic?

      I'd switch to a different ISP.

      If an ISP is going to block email, then it should indicate exactly what email it's blocking (what domains, keywords, etc.). As long as it does this, I have no problem with it; I can switch providers if I don't like the policy of my current one. However, if one of the functions that it's charging you for in your monthly bill is delivering email, and it deliberately blocks certain email without telling you what it is that it's blocking, then it's committing fraud (charging for services not rendered). But as long as it's telling you what it's doing (and as long as it's not doing anything illegal), your ISP should be able to do what it wants to with its property.

      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    2. Re:This is not the victory that many of you think by Yhg1s · · Score: 4, Interesting
      You are looking at this from the wrong side. ISPs were already perfectly in their rights, from a legal viewpoint, to block whatever and whoever they want. They are private companies *without* special governmental or legal privileges or duties (contrary to postal companies, for example.) Because of the 'youth' of the new media, very, very few regulations bind them, other than 'internet conventions' and the laws of public opinion, and supply and demand.

      XS4ALL has always wanted to change that, has always opposed censorship and blocks of any kind (except self-imposed by users, instead of ISPs) and what this court ruling states is that because XS4ALL explicitly and implicitly imposes the conveyance obligation on themselves, it is as legal as if it were a forced obligation.

      The reason there are no exlicit legal bounds to the rights and privileges of email, other 'new media' communication methods (think IRC, ICQ/IMs) and ISPs in general is simply that this is a 'new' media. This court ruling means that another step is made towards legitimizing and legalizing the rules and regulations that bind ISPs and the duties they have to attend to, as well as public (as in 'beyond the computing/internet community') awareness of the issues. This is important. It is not a single solution; it is not the big strike that ends spam immediately. It will be a long process but at least progress is being made. That is the hippy coolness of this news.

      --
      Thomas
      --
      Hi! I'm a .signature virus! copy me into your .signature file to
    3. Re:This is not the victory that many of you think by elandal · · Score: 2

      Now, XS4ALL is not an U.S. based ISP, so certain concepts like that of common carrier status may not apply. But such things used to apply in the U.S., even if they don't apply today.

      Unfortunately, I don't think common carrier applies to ISPs. Because they don't act as such.

      Consider:
      You take an envelope to a post office, pay due fee for delivery, and they will deliver that. They can't deny the use of service from You.
      You go to Your local telco. You ask for a phone line to be installed, and pay due fee for the installation. They can't deny the use of service from You. They can't deny it even later for as long as You continue to pay the bills and not attach dangerous devices to the line.

      You go to an ISP. They may decide not to sell service to You. If You tell them that they must, and they accept that they really can't deny that, we're on the right track. You get the internet connection, including a public address? Wrong. If You get a static IP, it's a public address. Dynamic IP is not a public address in the same sense. OK, You use the connection, and the ISP tells You that You can't do that or they'll terminate.
      Oh yes, then there are service requirements. Can You call Your ISP and get a problem solved? 24h a day? Even sunday morning @0400?

      Backbones probably are common carriers. They don't look at the bits they transport. They sell bulk. They sell to ISPs, local telcos, and such. They would probably sell to You too.

  30. MOD Parent down by omega9 · · Score: 1, Offtopic

    Congratulations. That was your third post ever, and you're still a fucking moron. That post will, however, still look interesting to potential moderators. So since it's 3:49am and I'm an insomniac so lemme do the work for you. MODERATORS: Read this before modding the parent, and I could care less about my own karma, but don't mod this down. Other moderators need to see this as well.

    Post 1
    He actually seems to know what he's talking about, but it's rare that someone not in the codec industry to know this much about codecs. This is most likely the search-copy-paste routine: Google the current story, clip what you find, post a reply. As proof, read his post and then read this. It's a direct rip.

    Post 2
    Wow! That's some heavy code he displays as a "hack I devised". Well then he may want to take a look here because it displays the exact same code. Somehow I don't think they are the ones performing the ripoff. Another classic search-copy-paste routine. He also makes references to coding a "next-gen" game engine for Cinemaware. Why? So they can make better versions of Wings, Defender of the Crown, and The Three Stooges?

    Post 3
    Off the bat it seems he's getting lazy. There don't seem to be any outside sources "cited". But he makes a fatal flaw and shows he's just a simple idiot, claiming to rm -rf / any offending mail server he chooses. That's not even worth the time to debunk.

    If there ever was a good example of who to add to your Foe list, this is it. Yeah, I'm probably an idiot for even bothering with this, but I already do origami and listen to George Michael so why not nail the coffin shut.

    --
    I'm against picketing, but I don't know how to show it.
    1. Re:MOD Parent down by Anonymous Coward · · Score: 0

      Awesome, love to see someone with a sense of humor.

      George Michael? *cough* woo - hoo! ha ha ha

  31. spam by Anonymous Coward · · Score: -1, Offtopic

    How to Write Modern Poetry: A Primer

    By Patrick Highgate

    Lets face it. Everyone loves poetry, but so few know how to write it. Fewer still know how to write it well. How many times have you walked down the street or sat in your bedroom, feeling a little melancholy and thought 'Hey, I should write a poem about this!'? That feeling is important, and there is sorry shortage of poetry in our coffee shops and Internet web sites that explore vague and trivial experiences. We need more. We need more from you. We're here to help.

    The first question you might ask is, where do I start? Try to think of something that mildly registered inside of you as an emotion. Did that girl walking down the street remind you an ex-lover? Were you staring at your shoes and remember something insightful? Seemingly unimportant memories are perfect for a poem. Don't worry if your experiences are only really relevant to you. Everyone wants to know how your feel.

    Remember, nobody else has ever felt the same way as you, and most likely what you feel has not been articulated more eloquently by thousands of others, over and over again or could be found ad nauseam at poetry slams or in online diaries. You are unique.

    So you've been inspired. Great! You're ready to begin.

    A lot of people wonder what tone of verse and word usage they should employ. Academia provides us mountains of poetry throughout the ages we could study and learn from. The modern poet, however, understands this is completely unnecessary and an un-learned approach to the craft is far more rewarding to both the author and the reader. You may worry that your imagery makes no sense to anyone other then you because it could appear fractured and makes allusions to non-universal experiences. Trust me. There is no reason to worry. The educated connoisseur of the genre will know exactly what your talking about, and those are the only ones you should care about. Anyone who scoffs at your work is probably jealous of you.

    As you write, take special care in word usage. In the past, poets confined themselves to the vernacular of their language to illustrate their work. The modern poet knows no such restraint. Making up words is encouraged. As an example, you may want to say 'very deplorable'. That just doesn't sound poetic, does it? Try 'Hyperdeplorable' instead. It gets the message across, and does it in a slick edgy way. Your critics will be pleased with your cleverness.

    All good poems need props to set the scene, so to speak. When dealing with props, it is important to remember the cardinal rule of modern poetry: ALWAYS INCLUDE A CIGARETTE. There is no such thing as a good poem that doesn't mention smoking, cigarettes, ash treys, or any other reference to the habit. There may be a little voice inside your head that says 'no, it's been overdone and makes the poem sound like the sophomoric ramblings of a confused high school student who is a prime candidate for advanced ADD treatment'. Kick that voice in the teeth; it doesn't know what it's saying.

    You may want to spice your poems up with other props, such as naming the street you were on when you were inspired, coffee, or the name of a band you like to listen to. Basically, including anything cliché that pops into your head is not only good form, it is required.

    Where should I come from? In the past, poets tried to write from a universal perspective that could be relevant to the common conditions of mankind. Boy, were they ever wrong! These days, there are really only two appropriate perspectives to have:

    1. Sexually confused and depressed teenager

    2. Somebody in there 20s or 30s who is still sexually confused and depressed, but has the advantage of experience to hone their innate bitterness.

    It's always important to remember your audience. Remember, if you put your poem on the Internet there are going to be a lot more people then just a few friends and woefully bored strangers enjoying your work. So make sure to make references to things that only people who know you will understand. This may seem contradictory, but it's required if you ever want to be taken seriously.

    Finally, choose the perfect ending. You may be tempted to think of a way to finish off the poem that completes it. This is a mistake. You've worked hard on your verbiage; why should you have to give the poem structure? After you've completed a line you feel particularly shows how completely smart you are, just stop the poem. It will designate you as a master, and leave your readers wanting more.

    To conclude, we've concluded a textbook example of a perfect modern poem.

    As I walk down 10th street

    I hear ultrarock come from nearby clubs

    Like doves

    Leaving a church (on Halloween)

    I light up a cigarette

    And I viddy the slow pain she caused

    When I was still young

    And knew how to screw

    Before . . . before.

    That fucking whore

    We went to Sammy's

    And had a drink

    I did not pay that night

    I didn't have to.

  32. The reason it went to court.... by EnglishTim · · Score: 3, Informative

    The reason it went to court was that XS4ALL did not wish to censor any of the incoming traffic, as it had committment to deliver everything that was sent to its customers to its customers.

    It could have filtered out all their mail, but chose rather to try and get Abfab to stop sending the mail, therefore meaning that it has not had to do any censorship at all.

  33. censorship? nah by rixdaffy · · Score: 2, Informative

    first of all a disclaimer, I've been a proud xs4all user for many years now so I'm a little biased ;)

    anyway in can understand that some people may see this as an ISP trying getting censorship power this way... but if you now enough about what XS4ALL stands for, you will know that is absolutely NOT their intention... XS4ALL is by far one of the most cyberrights-aware (if that's a word :) ) ISP's I know... trust me on this, applying censorship is the last thing they want to do...

    Ricardo.

  34. I'm responding to a troll. Shoot me now. by The+Famous+Brett+Wat · · Score: 4, Insightful
    The Internet is public. I will repeat this. The Internet is PUBLIC.

    Rather than repeating yourself, it would have been better to clarify which sense of "public" you meant. Open to all the people, like a public meeting? Maintained at the public expense, like a public library? Open to the view or knowledge of all, like when a fact goes public? I have a couple of servers permanently connected to the Internet, and only parts of them can be considered "public" in any of these senses (and not at all in the "funding" sense, alas). Perhaps you simply meant that you can't control what people do with information that you've disclosed (made public). I can agree with that, but I think "the Internet is public" is a poor way of expressing it.

    I propose a simple and effective email charge system, where bulk mailers are FORCED to pay an appropriate amount in order to mail to a few thousand, tens of thousand, etc people.

    Which bulk mailers will be forced how and by whom to comply with this?

    If we can force them to conform to a business model that mimics the Real World and no longer lives in Fantasy Land...

    Hate to burst your bubble, but at this moment in time the Internet exists in the real world, and your proposal exists in fantasy land. How were you intending to transpose them?

    However, I can't say this enough: Attempting to legislate against this practice is not only ineffective, it is UNCONSTITUTIONAL and completely worthless.

    To which constitution were you referring? The Internet does not have a "constitution" of which I'm aware. I take it that you're not proposing to legislate that ISPs should have to charge for bulk mail, then? Or would that be both constitutional and worthwhile? You mentioned forcing people to comply, so I assumed you meant law, but now I'm not so sure.

    In short summary, legislating against spam is yet another of the giant wastes of time that government spends its time doing. It needs to be addressed from the economical model (reasonable ISP charges) or from the personal level (maintain public/private email addresses).

    Oh, so you are against legislation in this case. You expect every ISP under the sun to spontaneously start charging for bulk mail. Well, if that's our only solution, then my guess is that spam is here to stay.

    My bet is that an improved set of mail protocols will be the answer. That's why I'm working on them full time right now. Ask me about them in another four months or so.

    --
    proof, n. A demonstration that a conclusion is implied by certain premises and axioms.
    1. Re:I'm responding to a troll. Shoot me now. by someme · · Score: 1
      I propose a simple and effective email charge system, where bulk mailers are FORCED to pay an appropriate amount in order to mail to a few thousand, tens of thousand, etc people.
      Which bulk mailers will be forced how and by whom to comply with this?
      Make providers charge per application layer "artefacts" and not per volume independent of its semantics. Charge per email, per HTML page, per whatever and not per bit transferred.
    2. Re:I'm responding to a troll. Shoot me now. by Anonymous Coward · · Score: 0

      ...which, because it isn't the way the internet works, won't be accepted and instead will be worked around.

    3. Re:I'm responding to a troll. Shoot me now. by Steve+B · · Score: 1
      To which constitution were you referring?

      That's a good question. In my experience, people who write "it is UNCONSTITUTIONAL" (in ALL-CAPS) are generally advancing some argument along the lines of "the income tax is illegal because Ohio was not properly admitted to the Union until 1953". (Really -- people actually say this.)

      --
      /. If the government wants us to respect the law, it should set a better example.
  35. Where do I sign? by Anonymous Coward · · Score: 0

    Hey - where do I sign? I dont mind paying the international call charges - it will be worth it to get rid of the SPAM.

    Hey now THERE's an idea; charging people SPAM protection money. Hmm...

  36. There's a problem however by Otis_INF · · Score: 2

    (XS4all is my ISP since 1994 and I also do know a person working for the spamming company in this case, AbFab. I receive 15 spammails or so a day on that xs4all account)

    There is a problem: The EU. They accepted a law that made spam 'opt-out' or in other words: the user should tell the smapping company to remove the emailaddress of the user from their list. XS4all was and still is fighting this stupid law, but with no luck so far. I've asked them several times to block anything coming from .tw, .kr and .cn at least, but they don't do that for individual customers. Now the ISP can tell the smapping company to quit or they have to pay a fine, but this is not workable with oversees spammingfactories like the taiwanese and korean (which make up the fast majority of the spam IMHO).

    AbFab is just a company sending email on behalf of mostly dutch companies. When you look at it that way, it's quite the same as the unsollicited mail you get in your snailmailbox: sometimes it's not totally useless, but most of the time it is: you get advertising shit about products you don't need or even CAN use. If advertising-mail is more targeted at people who will possibly be interested, it would be less annoying.

    This verdict will probably the end of AbFab, since other ISP's will now also come with a block request and AbFab can't refuse that now. People will be out of a job.

    --
    Never underestimate the relief of true separation of Religion and State.
    1. Re:There's a problem however by MarcelG · · Score: 1

      "I've asked them several times to block anything coming from .tw, .kr and .cn at least, but they don't do that for individual customers."

      They do offer a SPAM header tagging or blocking system you can ask for to be applied to your e-mail account. It uses several blocklist to tag your mail so you can filter it to a special folder (if you'd want to do that). If you choose blocking than those e-mails never arrive in your mailbox in the first place.

      DNS block (Dutch only) for explanation

    2. Re:There's a problem however by Anonymous Coward · · Score: 0
      People will be out of a job.

      Good!

  37. erm. smapping == spamming aaaarg by Otis_INF · · Score: 1, Funny

    I should have used the preview button yadda yadda. haha :) what a stupid typo.

    --
    Never underestimate the relief of true separation of Religion and State.
  38. Spamming is bad ... by Anonymous Coward · · Score: 0
  39. XS4ALL , possibly one of the best isp's ever... by SqyD · · Score: 5, Informative

    These guys have been on the forefront of allmost any ethical debate concerning the Internet and digital freedoms in general. XS4ALL was formed in 1993 by the infamous hackergroup Hacktic(RIP) and was the first dutch ISP to allow access to private persons. Since then they haven't like so many others sold out to profitmaking instincts but kept to their goal of providing high quality, afforable internet access to the masses. Over the years they've suceeded without giving in on netpolitical views like the right to privacy, freedom of speech and freedom of choice.

    - On numerous other occasions they've been in court defending the privacy of their costumers and other basic rights.
    - Threre's no single ad on any of their pages. They're an internet provider, not a advertising agency! Me and many others will gladly pay some more 's for that.
    - They offer analog, isdn(128k), gsm, gprs and adsl access and their service includes free licences for mcafee virusscan and pgp software (all platforms). Do you know any other ISP that does that?
    - There's a whole lot of other goodies you don't find at your average ISP: a telnet/ssh shell, static ip with bSMTP (if you want it), adfree secure webmail, and good public irc, gaming and hosting servers.
    - Their bussiness services are also quite exelent.
    - And they're definitly the only isp in the world that grows marijuana in the workplace!!! (in dutch).

    [DISCL: No, I don't own stock or work there, I'm just a ver loyal costumer that has been with them since 1996 both privatly and professionaly.]


    SqyD

    1. Re:XS4ALL , possibly one of the best isp's ever... by AlXtreme · · Score: 3, Informative

      You forgot:

      - best fscking helpdesk there is, answers email with the hour, and great customer-breivings. Great service.
      - Heaps of linux/bsd/unix-support. This is a geek-ISP for geeks.
      - You can choose your own hostname :D

      In other words: an ISP that knows what we want, and gives it the way we like it :)

      --
      This sig is intentionally left blank
    2. Re:XS4ALL , possibly one of the best isp's ever... by Anonymous Coward · · Score: 0

      Why do they have costumers exactly? Do they hold an annual ball on Halloween along with the pot-smoking, or what?

  40. Indeed a global phenomena by Anonymous Coward · · Score: 0

    In Scandinavian countries if you stalk on people's addresses without their consent and start sending them paper spam or SMS spam or whatever spam, you're in deep shit. The authorities will eat you alive.

    The law is (at least in Finland) pretty strict about mass advertising needing to be specifically opt-in, unless it's delivered to every household. And even in that case you can just put a sticker over your post box which says NO ADVERTISEMENTS and lo and behold the amount of crap decreases to practically none.

    We need a similar kind of system to the internet.

  41. unsollicited spamlike email not wanted by stock · · Score: 1

    How about an extra feature on some-ones xs4all email box, that basicly says "Welcome, but unsollicited spamlike email not wanted". Lotsa dutch people have just the same sign on their snailmail mailbox.

    Robert

  42. Cracked spam by Teun · · Score: 2
    Recently I've been receiving several E-mails per day imploring I should sign up to accept credit cards.
    And now it seems some centralised effort is spoiling the fun for the spammers!

    Look at the example I copied to my website!

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  43. Doesn't spam cost the receiver money? by Anonymous Coward · · Score: 1, Insightful

    It seems to me that we should not receive spam for the same reason people with cell phones don't receive telemarketing calls.

    That is, people who use cell phone pay for their service. Don't users of email similarly pay for their email?

    Since I am paying for my email, not someone else, I would think I should not have to deal with SPAM.

    Hmmm...

  44. Letter. by rew · · Score: 3, Informative

    As a small ISP (just over 10 customers, over 40 domains) I have just printed a letter to Ab.Fab which asks them not to send any mail to my clients.

    Given the ruling, I think they will have to comply with that.

    I hope that lots of others do the same. Especially if you can legally claim to control more than a couple of domains.

    I used the address that I found on their site as "how to find us":

    ab.fab Interactive Media Group
    Postbus 9088
    1180 MB Amstelveen
    [the netherlands]

    I hope that this will at least stop the "spamfactories".

    Roger.

  45. Why don't you email me privately? by Steven_Wostoen · · Score: 0, Troll
    Congratulations. That was your third post ever, and you're still a fucking moron

    I rarely respond to ignorant filth like this, but since you seem so inent on trying to discredit me, I might as well set you straight.

    Post 1 [slashdot.org] [....] Google the current story, clip what you find, post a reply. As proof, read his post and then read this [washington.edu]. It's a direct rip

    I guess you are familiar with this technique because you use it yourself, I, on the other hand, did not do this. If you do this yourself, then I can understand why you would think I also did it here, but that is quite cynical of you, I must say. Perhaps if you denounced your cynical and ignorant ways, instead of jumping to conclusions and trying to discredit people who are far superior in knowledge and skill to you, you would make progress in your own career and improve your own skills and knowledge to the point where you wouldn't need to rely on needlessly destructive criticism to "prove" yourself.

    Yes, the text is very similar to my writing, probably because I read that very same text last week while preparing notes on whether or not it would be a good idea to implement part of our next-generation 3D engine with MPEG-4 interoperability support. If you don't understand what this means, I will gladly explain it to you, although it will be like a man explaining something to an to an ape, if you would just take the time to email me privately at woston@yahoo.com If you want to consider it a "direct rip", go ahead. Yes, the source is that article, but I memorized it, I did not cut and paste.

    Wow! That's some heavy code he displays as a "hack I devised". Well then he may want to take a look here [codeguru.com] because it displays the exact same code
    I am not denying it. And yes, that WAS a hack that I devised. And yes - the author did rip it off from me, which I consented to - it is a pity that the author doesn't acknowledge the true source of the code, though.

    Somehow I don't think they are the ones performing the ripoff.
    Well, there's that jumping to conclusions thingy again. Email me or even the author of the codeguru article for details. I'm sure that the author will deny it completely, though. Oh well - imitation is the sincerest form of flattery, so I'm not bothered by it.

    But he makes a fatal flaw and shows he's just a simple idiot, claiming to rm -rf / any offending mail server he chooses
    I'm sorry that you don't understand that no security measures are perfect, and I would say yes, approximately 90% of mail servers currently running are rootable remotely. Administrators who leave relaying on are usually not in the 10% that have a clue about security, so considering the fact that average mail server is rootable 9/10 times, the average mail relay is a pitiful joke as far as security is concerned. Not that I would expect you to know that, but perhaps my standards are just higher than yours, I don't know. Whatever. Either get your facts straight, or take your filth off this forum.

    Why? So they can make better versions of Wings, Defender of the Crown, and The Three Stooges [cinemaware.com]?
    This a pitifully pathetic attempt at discrediting me. Cinemaware are currently developing a whole slew of next-generation games, some of which are targeted for release later this year. You were on the Cinemaware site, but you didn't pick this up? I don't know what to say to you, really. Robin Hood: Defender of the Crown. Yes, it would seem they are indeed making a new version of Defender of the Crown. And they will be bringing out many original and rereleased titles. Learn what you are talking about before you talk.

    I do not punish or repremand unneccessarily, because I believe that everyone interested in technology or any other area has the potential to acheive things in their chosen field, and curiousity and throwing around of ideas is never a bad thing. Unfortauntely you chose to try and discredit me with misinformation. So I will give you this one chance. Start posting decent comments onto this forum. Show that you have a valid contribution to make. Let's try and be civilized here.

    Until you do so, you are just behaving childishly by trying to get me "added" to the "Foe List". When you have as much experience and wisdom as I have gained during my time in the Industry, perhaps you will be in a position to criticise me, but most likely not - when you reach that level you will see the folly of criticisng someone who's only crime is trying to depart knowledge to others with less knowledge, in order to improve the computing industry, especially the gaming industry.

    --

    cheers,

    Steven Wostoen
    Lead Programmer,
    J-j-j-julius Games

    1. Re:Why don't you email me privately? by Anonymous Coward · · Score: 0

      Looks like I trolled the Troll.

      Smack. You're it.

  46. the magical forgetful cookies (if they even use'm) by zer0*ryok0 · · Score: 1

    and having (certain)websites that have all those checkboxes at the bottom of sign-up pages
    (which after you uncheck them, and submit,
    but forget to put in a password, they magicaly
    become re-checked)
    does not help make that line any clearer.

    and in my opinion. anything i did not check my-self, or ask for would be spam. even if it is useful, i did not ask for it.

    --
    the only fact is that everything is an opinion
  47. What is wrong with moderators? by Anonymous Coward · · Score: 0

    Geez, this is the second story in the past week where someone got marked Redundant for a near-first post. Did the early-post trolls come up with this idea before this guy?

  48. Dutch are stonies by Anonymous Coward · · Score: 0
    Unfortunately, most of the actual case documents are in dutch, some of which are still being translated.


    No doubt by a lot of stonies. As if anything Dutch sets precedent anywhere but la-la land. Put your finger in it!

  49. ISPs already do this by MattW · · Score: 2

    Filtering of customer traffic is already widespread. It isn't called censorship because it hasn't been based on content. But filtering is done by port (to stop inbound connections to customers), by protocol and direction (egress filtering to block email to non-ISP mail servers, or to block any spoofed packets, especially outgoing broadcast requests), etc. What you should be afraid of is a world where there is only one ISP to choose, because then you'll give what they get you and like it.

  50. I'd LOVE to "Deal With It" by Steve+B · · Score: 3, Funny
    Guess what? DEAL with it!


    I am attempting to deal with spammers. Unfortunately, justice is thwarted by the law, so I cannot deal with spammers the way George Bush is dealing with al-Qaeda, but I get as close to that idea as I can.

    --
    /. If the government wants us to respect the law, it should set a better example.
  51. better way to illegalize spam e-mail by Anonymous Coward · · Score: 0

    What really needs to be done is to make it a crime to dump e-mail into relays that you don't have specific expressed permission to use, weather they are locked or not. 99.99% of all spam that comes from bot harvested e-mail lists is rammed through open mail relays run by companies that don't know how to run their web servers properly (usually because they can hardly speak the language that the software is written, nevermind edit config files).

    After all, this is exactly the same thing as if you walked into an office building and dropped off a box of mail needing to be stamped into the outgoing bin. If you can find a company dumb enough to stamp it and mail it out on their own dime, it's still theft. Just with e-mail, it costs about 1/10,000th less and is used to mail out 100,000 times more mail.

    This would also clear any business who use their legit e-mail accounts and ISPs to mail to their established customers, thus addressing the concerns of nearly every opponent of every anti-spam bill proposed so far.

    Stuart Kahler