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Beating the Spam Merchants

Crowbraid writes: "Well-written column by Margie Boule from the Portland Oregonian about an individual who got tired of getting spam, sued the company for $25 an email, and won." See also Bennett Haselton's anti-spam page, where he has details on "pursuing the anti-spam lawsuits on four separate fronts." (Those lawsuits were mentioned a few months back.)

177 comments

  1. Is it me? by FortKnox · · Score: 1

    Or is it just a "boring news day"?

    Spam sucks, we all know. All this spam news is making me sleepy.

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Is it me? by Anonymous Coward · · Score: 1, Funny

      All this spam news is making me sleepy.

      If this spam was real spam, that fatigue would be replaced by diahrehha.

    2. Re:Is it me? by tb3 · · Score: 2

      No, it's just that no one has subscribed, so Taco sold Slashdot to the Python boys. Now it's nothing but spam, lovely spam.

      Soon, they'll be promoting the Spam Club!

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    3. Re:Is it me? by Anonymous Coward · · Score: 1, Funny

      Yes, very slow....
      but since i have access to a time machine i can give you tomorrows stories today....

      SPAM.
      SPAM.
      SPAM.
      LINUX RULES
      SPAM.
      SPAM.
      Microsoft is bad.
      SPAM.
      SPAM.

    4. Re:Is it me? by Anonymous Coward · · Score: 0

      but since i have access to a time machine i can give you tomorrows stories today....

      Can you also use your time machine to tell me when your movie is coming to video or DVD? As much as I enjoyed your work in Memento, I can't see myself shelling $10 to see your movie only once.

    5. Re:Is it me? by Chundra · · Score: 2

      As a programmer with Hormel's entrail engineering department, I've heard a lot about this within our company. There's been a lot of noise here in Porkopolis about buying advertisements and front page name association story endorsements on Slashdot. I don't agree with it and I'm putting my job on the line posting this, but this is why you are seeing (and will continue to see) a lot more news about spam, and even more spam about spam.

      Thank you. Have a good day, and don't forget to try our other canned meatstuffs.

    6. Re:Is it me? by kaimiike1970 · · Score: 1

      I have to interject. I know it is trendy to bash spam (both types) but sonny, spam won us the second world war. Especially in the Pacific theater. Furthermore, growing up in Hawai'i Spam was one of the main staples. I think you can't really bash Spam until you have had it baked under a layer of pineapple. Mmmmmmmmmm.

      --


      Do a google search before posting.
    7. Re:Is it me? by Anonymous Coward · · Score: 0

      I did do a Google search before I posted...

    8. Re:Is it me? by Dead+Penis+Bird · · Score: 0

      Heck, I thought the headline was going to feature an article about mass-emailers, angry recipients and large blunt objects.

      Then I find out it's about suing 'em in small claims court. Oh well.

      --

      If I weren't nailed to the penis, I'd be pushing up the daisies!

    9. Re:Is it me? by l810c · · Score: 1

      Cow patty with frosting, Mmmmmmmmmmmm.

    10. Re:Is it me? by grahamm · · Score: 1

      I thought that it was corned beef not spam that was the staple during WW2.

  2. When does the madness end!?! by forkspoon · · Score: 0

    Can I sue all the companies whose routers spam goes through that comes to me?

    Thanks,

    Travis
    forkspoon@hotmail.com

  3. $25 an e-mail?!? I'm rich! by Indras · · Score: 5, Funny

    Oh my god, I'd better call my lawyer... I may already be a millionaire!

    --
    The speed of time is one second per second.
  4. Spam Stories by kontos · · Score: 2, Interesting

    There have been a large number of Spam stories in the media this week. What's the deal? Mayby the politicians will start to see that this is something that matters to John Q. Public.
    Of course, mayby pigs will fly someday.

    --
    SM MBL-VIR looking 4 SIG 4 LTR. must be DDF, no 420, SD ok.
  5. Funny by Wind_Walker · · Score: 0, Troll
    It cracks me up that this guy, in part, was suing for the amount of time that it took him to read the e-mail, decide it was spam, and delete it.

    Then, he gets into litigation that takes several weeks of his time, demanding nothing for it.

    This is a small-town lawyer who wanted to make a name for himself, and the Slashdot crew obliged him.

    Nothing to see here, folks. Move along.

    1. Re:Funny by clone304 · · Score: 2, Insightful


      What, do you make your living off of Spam? I for one wouldn't mind making a few hundred bucks at the expense of the assholes that keep trying to sell me Herbal Viagra and fake University degrees.

    2. Re:Funny by Anonymous Coward · · Score: 0

      Earth to Clueless: READ THE FUCKING ARTICLE. He was awarded money for both damages and court expenses. Is it really that tough? It would only taken a few minutes of your time.

    3. Re:Funny by JoeBuck · · Score: 2

      No, this isn't a small-town lawyer who wants to make a name for himself. An actual lawyer would not use small claims court and would not use Nolo Press guides to find out what the law is. Wind_Walker needs to work on his reading comprehension skills.

    4. Re:Funny by Phoex · · Score: 1

      He spent a few weeks of his time, and got paid to read the spam from them, he didn't even have to pay court costs. I know there are at least a few people that would enjoy making spammers shell out a thousand dollars or so, and pay for their court fees. And on top of all that it sets precident against spam, which is more likely a far larger battle

      --
      00110100 00110010
    5. Re:Funny by SirSlud · · Score: 2

      Nothing to see except your glib attempt to discredit the time-honoured art of self defense.

      He's the one that initiated the litigation, you idiot.

      Thus, it isn't time that the offender owes him (or should owe him) for, because he is investing and sp[ending the time at his initiative and discretion to recoup the monetary damages (although we all know that the damages are more of a bonus on top of simply discouraging spammers through the act of instigating litigation when the law permits it.)

      By your reasoning, I could prank call you 20 times a day. Then, when you decide to actually spend some time defending yourself, you're suggesting I'd get to make fun of you for taking more time to defend yourself than I'd originally taken by harrassing you.

      You're an idiot, because you either dont realize (or are too glib to account for in your reasoning) that it's not about the money or time, it's about the harrassment. It's about getting spam to stop, regardless of the time and money it costs us. Unlike some people, many humans utilize the law to try and limit unscrupulous behaviour because it's unscrupulous, not because we can count pretty numbers that tell us how much money or time we 'lost' as a result of unethical behaviour by companies or individuals.

      --
      "Old man yells at systemd"
    6. Re:Funny by Anonymous Coward · · Score: 1, Informative

      Laugh all you want, but some folks actually have principles, beleive in them, and are offended that some who should also have them do not.

      It was the principle of the thing. And with the law on his side, he quite deservingly won. And now that 'Goliath' got hit back, maybe 'Goliath' will start considering having some principles too. It's less expensive than offending folks by breaking the law.

    7. Re:Funny by kaimiike1970 · · Score: 1

      Those University degrees are fake?!!!! I guess I will take all those framed diplomas of the wall then. Next you are going to tell me there is no Santa Claus...

      --


      Do a google search before posting.
    8. Re:Funny by Anonymous Coward · · Score: 0

      > It was the principle of the thing. And with the law on his side, he quite deservingly won. And now that 'Goliath' got hit back, maybe 'Goliath' will start considering having some principles too. It's less expensive than offending folks by breaking the law.

      'Goliath' gets hit only a few times, those hits get written off as a cost of business and never get mentioned again.

      Only if there are Lots and Lots and LOTS of suits would G do something about it; as long as it costs less to settle than to 'do something', it's business as usual.

    9. Re:Funny by Anonymous Coward · · Score: 0

      Hmmm, the line "Harold is an attorney in private practice" must not mean what I think it does.... I'ld better go back to kindygarten to laarn reading comprehension. :)

  6. why does spam get by by ceethree · · Score: 1

    why does spam gt by i mean why is it allowed and why is that senator able to go and say with a striaght face that he thinks it is a good idea and such

    --
    Yours Truly, Wes -- Owner ... http://www.geekish.net
    1. Re:why does spam get by by clone304 · · Score: 1


      It probably has something to do with a little technicality called the First Amendment, but I'm not really sure. If you don't get it, I have a High School Diploma I'll sell you. Maybe some Herbal Viagra? Or would you just like to see me naked?

    2. Re:why does spam get by by ceethree · · Score: 1

      well neither hehe anyways ... i dont know why the judges say it is ok for spam and that senator or whoever it is saying he likes it .. if he likes it so much .. well why doesnt everyone send him some ..

      --
      Yours Truly, Wes -- Owner ... http://www.geekish.net
  7. Re:Hmmm.... by JoeBuck · · Score: 3, Insightful

    In many cases, spam coming from a Chinese ISP really originates in the US, and is being bounced off of an open email relay.

  8. Wow by EricKrout.com · · Score: 3, Funny

    "I e-mailed back, saying 'Take me off your subscription list. I don't want this.' " And then Harold put a little bite in his request. "I wrote, 'I will charge you $25 per message as a reading fee,' " for every subsequent e-mail.

    Harold says the fee was not just a threat; it was a reasonable charge for time and equipment. "I have to download the message, to find out it's junk and delete it. If you're using my download time, you are in effect using my services. During that time I can't use my computer, which is essential in my business."


    OK, so apparently this dude thinks he's worth:
    ($25.00 / 2 seconds to download and identify a message) * (60 seconds / 1 minute) * (60 minutes / 1 hour) = $45,000.00 / hour.

    Hell, I'll even subtract $1.00 (I'm rounding up mind you) for bandwidth and computing costs to handle the huge 2KB spams.

    So, he thinks he's valued at $44,999.00 / hour. Much better.

    Must be a really smart guy ;-)

    m o n o l i n u x :: Worth Every Red Cent!

    1. Re:Wow by SirSlud · · Score: 3, Interesting

      Many of the spams I get regularly top 50k (HTML spams, with flash, gifs, etc, etc). On a slow modem (I dont have one, mind you), it take take abit longer than 2 seconds to download.

      Aside from that, its not about the money. It's about stopping the act of spamming. Unfortunately, the legal system tends to prioritize fiscal damages over inidivudual non-quantifiable damages, so it's probably wiser and faster to go the 'I'll sue to for time waster' route than the 'Spamming is unethical and against the law, and so I'll see if I can convince the police to lay charges' route.

      This is a more effective and faster route to go, and hits spammers where it hurts; their wallets. If they can't make any money from spamming, because the damages people file outweigh the commissions on the referrals and subscriptions they make, whats the point?

      --
      "Old man yells at systemd"
    2. Re:Wow by Anonymous Coward · · Score: 0

      How in God's name is this flamebait? Does some moderator our there think that someone is worth $45K an hour? Just curious.

    3. Re:Wow by Anonymous Coward · · Score: 0

      this was obviously a punitive judgement..duh!

      and quit spamming me with that monolinux crap...that's an extra 31 bits i had to download!

      ;-)

    4. Re:Wow by dcavanaugh · · Score: 2

      "So, he thinks he's valued at $44,999.00 / hour. "

      When the spammers decide that $44,999.00 is too much for his services, perhaps they will seek cheaper alternatives. I would value my time similarly. I don't expect anyone to cheerfully pay me -- I expect them to avoid paying my price by sending their garbage elsewhere!

    5. Re:Wow by Anonymous Coward · · Score: 0

      Just to clarify things a bit, THIS WAS A FUCKING JOKE.

      Comprende?

    6. Re:Wow by bluGill · · Score: 2

      Well he is a lawyer, and they are known for high fees.

      though I know of very few professionals who do not have a minimum charge. If I call a plumber I have to pay him $80/hour, with a half hour minimum. It doesn't pay for a professional to bill for any less than that, and they have to make money.

    7. Re:Wow by Anonymous Coward · · Score: 0

      Yeah, but all of that money doesn't come close to the potential satisfaction offered by sticking a loaded shotgun barrel into said spammer's anal cavity, angling the barrel upwards towards his or her neck, and then pulling the trigger. True, it's messey - not to mention highly illegal (don't try this at home, kiddies!) - and it's difficult to collect money from the estate of someone you brutally murdered, but then again, you can't put a price on happiness, can you?

      Yes, I'm kidding about the above. The taking of human life is best left to professionals, such as lazy prosecutors, religious fanatics, and politicians who need to show the world how big their dicks are(n't).

    8. Re:Wow by seebs · · Score: 2

      The lowest realistic estimate I've ever seen is $1/spam in raw cost, averaged out. (Some are vastly more expensive, some are less.) However, harassment and invasion of privacy are also big deals.

      $25 seems perfectly reasonable to me. After all, faxes are set at $500 by law.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    9. Re:Wow by Anonymous Coward · · Score: 0

      That sounds a little drastic, swift and not painfull enough.

      How about using superglue to seal closed either their labia or penile opening and then making them drink lots of coffe and coke? Spammers are taking the piss so make it painful for them wanting to take a piss but not being able to.

  9. It's not totally new. by DarklordJonnyDigital · · Score: 2, Informative
    The idea of charging spammers for their spam isn't entirely new. A few people I've spoken to people on USENET claim include a disclaimer in their signatures, charging $500USD for unsolicited mail.

    On a few occasions, they say they've even managed to successfully claim their fee.

    1. Re:It's not totally new. by yamla · · Score: 1

      I used to charge one soul for every piece of unsolicited email I received. Eventually, I built up a collection of 666 of them (yes, I'm serious...) before deciding not to bother any more. I gave one of my ex's ten and, iirc, my current girlfriend inherited one hundred. That still leaves me with 556 souls, not including my own (if I still own it after this).

      --

      Oceania has always been at war with Eastasia.
    2. Re:It's not totally new. by Anonymous Coward · · Score: 0

      charging $500USD for unsolicited mail

      If someone offers to receive unsolicited email for $500 a pop, then any email they receive isn't really unsolicited since they offered to receive it.

    3. Re:It's not totally new. by AntiNorm · · Score: 2

      The idea of charging spammers for their spam isn't entirely new. A few people I've spoken to people on USENET claim include a disclaimer in their signatures, charging $500USD for unsolicited mail

      Don't forget that many states have laws that entitle spam recipients to this same amount. You still have to take them to small claims court though and possibly even go through a collection agency. (Heck, I live in a $500-a-pop state...with the amount of spam I get, I could easily afford to hire a full time staff to handle everything from going to court to contacting the collection agencies).

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    4. Re:It's not totally new. by DennyK · · Score: 3, Funny

      I laugh at your pitiful lies! Your story cannot be true! It's absurd! Everyone knows spammers don't have souls...

      ;-)

      DennyK

    5. Re:It's not totally new. by DarklordJonnyDigital · · Score: 1
      If someone offers to receive unsolicited email for $500 a pop, then any email they receive isn't really unsolicited since they offered to receive it.

      True. The $500 fee was, I believe, a "handling and archiving charge", at the user's discretion (sp?).

  10. Re:$25 an e-mail?!? I'm rich! by PD · · Score: 2, Funny

    That one is already in your mailbox, with Ed MacMahon's picture on it.

  11. I love small claims court by bstrahm · · Score: 3, Informative

    It is the small persons equalizer for corprate greed. Basically you can force a large company to show up and spend money on their lawyers, while you just show up and tell the judge what happened.

    Used it twice, one time my bank was cashing my car payment checks, but not crediting my loan... Needless to say when they threatened to take my car away, I filled suit. Long story short, they paid up rather than spend the money on lawyers (which they would have lost anyway)

    The other time it was my wifes employer not doing the right things with her termination... Got the district manager and ourselves infront of a mediator and a deal was struck...

    You won't get rich with small claims court (I think it only covers up to 1,500 maybe 2,500) but it is very simple to file and win a reasonable case

    1. Re:I love small claims court by Colz+Grigor · · Score: 3, Informative

      I've been through the small claims court process before. As it was explained to me, lawyers aren't allowed except as representatives of corporations. If you name the CEO of the corporation on a small claims suit, the CEO has to appear or the court automatically finds in your favor (assuming your side of the case makes sense and the judge determines you're claiming reasonable restitution).

      This often works in your favor because many people would much rather pay their lawyers to show up in court for them.

      ::Colz Grigor

    2. Re:I love small claims court by ErikTheRed · · Score: 2

      Disclaimer: IANAL. This rule varies by jurisdiction. Where I live (San Diego, California Superior Court District) a corporation may be represented by any corporate officer, or the corporation may file a request with the court to allow another employee to represent them. There are also some (albeit highly restricted - they have to work for free, and they can only appear a few times a year, they must be currently employed by the corporation on other business) loopholes that even allow lawyers to represent corporations here.

      I would definitely check into the rules if you want to file small claims. Additionally (at least in my district) you are limited to a certain number of claims per year, and your filing fees also increase after you file a certain number of claims.

      --

      Help save the critically endangered Blue Iguana
  12. Re:Hmmm.... by connorbd · · Score: 2

    Well, *yeah*, but the thing is that it's the chinese ISPs that are vectoring it because the US ISPs know better than to get caught vectoring spam themselves...

    /Brian

  13. Concentration ? by Quazion · · Score: 1

    I dont liked to be mailed, but since i get pretty important mail when i get it it has to be read instant, i tell everyone not to send me jokes, pictures etc.. I am very bad at concetrating, i lose it very fast, but its very important when doing certain work, so when i get mail i read it when its spam it gets me not very relaxed cause i dislike spam then i try to think of a way to not get it again from the same person/company then i am not concentrated anymore, getting the concentration back can take a while. That time costs money.

    And i say 25$ isnt that much.
    But yes i could get a seperate mailbox for this stuff, but then why should i ? why do people send me spam, why cant i just use one mailbox for all my stuff, why o why. damn it =D

    Quazion.

    I consider bullshit mail spam also =P

    1. Re:Concentration ? by Anonymous Coward · · Score: 0

      Two things:

      1) You're posting on Slashdot, and you've posted here many times previously. I thought you were uber-important and time is money and all that bullshit.

      2) You can't spell or write for your life. I question whether you even have the intellectual capacity to mop a floor.

      That is all.

    2. Re:Concentration ? by Anonymous Coward · · Score: 0

      maybe you are the moron....by studying his syntax, it's obvious to me that english is not his first language.

      he could probably best you in a battle of wits with half his brain tied behind his back!

      (as long as he has not lost his concentration from reading spam)

      he's probably asian or indian.

      if i'm wrong i'm wrong....but you are still an asshole.

  14. What I will do... by inerte · · Score: 0

    /me goes to hotmail to open 100 accounts.

  15. I would sue, but.... by Apreche · · Score: 0, Troll

    I would sue all the people that send me spam, but you know what. I don't get any. I've had the same e-mail address for almost 2 years, it has an alias or two also, and not one spammer has gotten ahold of it yet. Why is this? I'm not an idiot. I don't use the address book. I do use PGP. I remove myself from any and all non-spam newletters and announcements I don't want. And I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.

    However, we should still punish those who surf the net collecting e-mail addresses and spamming away. But while spamming is still a problem, deal with it and don't be an idiot.

    --
    The GeekNights podcast is going strong. Listen!
    1. Re:I would sue, but.... by dvdeug · · Score: 5, Insightful

      And I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.

      I find it important that people reading my website can respond back to me. I don't see why me providing an email address so they can respond makes me at fault for getting spammed, any more than leaving a car in a parking lot while I shop makes me at fault for it getting stolen.

    2. Re:I would sue, but.... by gfxguy · · Score: 1

      Can you solve that using an email form instead of an email tag?

      --
      Stupid sexy Flanders.
    3. Re:I would sue, but.... by Apreche · · Score: 2

      It doesn't make you at fault for getting spammed. However you COULD, as many websites do, make a form that allows users to send you e-mail addresses without actually revealing your e-mail address to them. It's not difficult and it saves you trouble, so why not?

      --
      The GeekNights podcast is going strong. Listen!
    4. Re:I would sue, but.... by Anonymous Coward · · Score: 0

      slr2777@osfmail.rit.edu

    5. Re:I would sue, but.... by AIXman · · Score: 2, Informative

      Being careful about who and how you reveal your email address to is a good and effective idea to prevent spam, but eventually the spammers may find you with their equivalent of a dictionary attack. They will try variations of common names and initials on your domain mail server until they have a list of valid ones. This is sometimes how they get an address, even if you have been careful, especially if you are in one of the popular mail services (@hotmail.com, etc.)

    6. Re:I would sue, but.... by Anonymous Coward · · Score: 0

      ...with the keys in, the door open and the engine running.

      You may not be to blame, but you are pretty dumb.

    7. Re:I would sue, but.... by krugdm · · Score: 2

      Or put your address in a small GIF file that the spambots cannot read.

    8. Re:I would sue, but.... by Anonymous Coward · · Score: 0
      And I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.

      The email address where I get the most spam has NEVER been used, and has never been given out. It was, however, a short easy-to-guess name on a fair-sized ISP.

      But spamming is wrong even when publishing an address such as slr2777@cs.rit.edu

    9. Re:I would sue, but.... by JordanH · · Score: 2
      I don't consider myself an idiot.

      I like being able to post in a public forum and get private email back. I do it all the time on Usenet.

      I don't have an unlisted phone number, either. Never had.

      Having said that, I don't put my private email on slashdot. Used to, but some of the people here kinda scare me. Anybody who'd devote so much of their lives to trolling, well, they got a screw loose and many of them write automation to crap flood slashdot. I don't want that to happen to my inbox.

      In any case, I don't feel that I should make myself difficult to reach just to avoid spam. You know, they solved the problem of junk faxes back in 1996, the problem of spam could be solved with appropriate legislation. I'm starting to suspect that the lawmakers want this problem to fester until they can use it as a justification to shut down all anonymous use of the Internet.

      Hmmmm... For somebody as paranoid as I am, you'd think I'd be more careful with my identity...

    10. Re:I would sue, but.... by pjrc · · Score: 2
      I know I shouldn't feed the trolls...

      I'm not an idiot. I don't use the address book. I do use PGP. I remove myself from any and all non-spam newletters and announcements I don't want. And I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.

      Pure flamebait!

      Certainly someone not an idiot would realize the potential that email has to enable persons previously unaquainted to communicate with one another, even if he personally never intended to participate in public discourse, offer assistance to others, or receive feedback.

      But while spamming is still a problem, deal with it and don't be an idiot.

      Indeed, slashdot trolling at its finest. Congratulations.

    11. Re:I would sue, but.... by Telastyn · · Score: 1, Flamebait

      webmaster@website.com?
      my-site@yahoo/hotmail.com?
      Im.dumb@its.your.own.fault.org?

      Giving a proper email address in a public forum is like posting your phone number on a billboard in times square, and then expecting nobody you don't want to call!

    12. Re:I would sue, but.... by dvdeug · · Score: 3, Insightful

      Giving a proper email address in a public forum is like posting your phone number on a billboard in times square, and then expecting nobody you don't want to call!

      Posting my phone number on a billboard in times square should be like posting my email on a billboard in time square, not like posting my email on a few limited-interest mailing lists and web pages.

      I don't expect that my email will be limited to those I particularly want to talk to. I do expect that it will be reasonable human beings with an interest in communicating with me. Fradulently titled commercial email that I get 7 copies of (3 email aliases and 4 mailing lists that I'm on) don't count.

      I don't have an option to hide my email address, either. Besides my webpage, I'm a Debian maintainer (creating several publicly known aliases) and a contributer to several email lists with public archives.

    13. Re:I would sue, but.... by pjrc · · Score: 3, Funny
      I should have mentioned that Apreche (User #239272), (who is not an idiot) started this thread by trolling:

      I'm not an idiot. .... I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.

      In fact, Apreche is a CS student at Rochester, and has this little website.

      The very first link on the home page is News Archive, that leads to a non-existant page. The university's server generates a much-nicer-than-usual 404 error page, which includes among other info Apreche's email address, specifically "slr2777@osfmail.rit.edu" (which wouldn't have been very difficult to guess based on the user-style url for his site).

      Also on each interior page is a mailto: link to "apreche@mail.rit.edu", preceeded with the text "Clik here to e-mail me".

      Apreche, you really should fix that link... but when someone types http://www.rit.edu/~slr2777/somerandomename, they're gonna see your email address. At least it won't be due to a broken link on your own home page!

    14. Re:I would sue, but.... by Anonymous Coward · · Score: 0

      i beg to differ. I set an e-mail account up for my mother two weeks ago on hotmail. Her address isn't posted anywhere.
      she checked it one week later and found over 150 messages left there all by spammers.

      she doesn't use the address book either, hasn't quite figured out how. Doesn't use pgp, again..doesn't know how.

      fine, you say you're not an idiot, your just a lucky dolt who hasn't had their e-mail address picked up by spammers.

    15. Re:I would sue, but.... by Apreche · · Score: 1

      not my real e-mail address :-)

      --
      The GeekNights podcast is going strong. Listen!
    16. Re:I would sue, but.... by Rocky+Mudbutt · · Score: 1

      You can always use the gimp to write your email as a .png file and display that.
      email harvesting software doesn't do character recognition on images (yet).

      --
      Ethics II Axiom 2. "Man thinks." B. Spinoza
    17. Re:I would sue, but.... by W2k · · Score: 2

      You could always use Sneakemail - gets you a (virtually unlimited) number of e-mail adresses in the format of [random letters/digits]@sneakemail.com. See my e-mail as an example. Sneakemail is free, and the addresses all redirect into one account. You can specify filtering for each addy, and remove/replace one if the spam load gets annoying despite the filters. More info on their homepage.

      (And no, I just work for them. But I do think the service rocks.)

      --
      Quality, performance, value; you get only two, and you don't always get to pick.
    18. Re:I would sue, but.... by GSloop · · Score: 3, Interesting

      As far as I'm concerned if you get spammed, it's your fault.

      My house is sited behind 48 inches of reinforced concrete. I have machine-gun pillboxes sited on each corner, each manned 24 hrs a dat. My house never gets burglarized. If you don't do the same and you do get burglarized, it's your fault.

      Sheesh!

      Need I say more?

      Cheers!

    19. Re:I would sue, but.... by Apreche · · Score: 2

      I love your exaggerated analogies. Let's say you have a nice 4 bedroom house with jewerly and electronics in it. Now you don't lock your doors, windows, or have ay theft deterrent system whatsoever. When you go on vacation you leave the house wide open. Your jewelry isn't even in a safe place, it's in an open jewerly box on the dresser in your bedroom. If you don't have any security and you get robbed, well how could you not see it coming?

      This is my last post today. I take precautions to prevent getting spammed. And it works. Beause I haven't been spammed in years. If you don't take precautions, and you invite spam, it's going to come to your party. If you leave the door open, spam is going to come in. The spammers aren't 100% to blame. Spamming and robbing are both crimes. No amount of law will stop them from happening. We might be able to put spammers in jail and take all their mail, but I would rather have a clean e-mail box and not bother with suing people.

      Of course as a money making-scheme I could set up a new e-mail box, invite spam into it, then sue. In which case I would be just as evil as they are. Lock your doors when you aren't at home.

      --
      The GeekNights podcast is going strong. Listen!
    20. Re:I would sue, but.... by number11 · · Score: 1

      Interestingly, I don't see this happening with my domain (where I receive all mail that didn't have a valid email address). Addresses harvested from USENET, addresses harvested from website registrations (CNBC/MSN either sold my name to spammers, or else protected it with that legendary Microsoft security), and addresses with typos in them, and even addresses that appear to be harvested from 5-year-old MsgID strings (since I have never actually told anyone I was "97110311562@..."). But never dictionary attacks. Of course, if my domain was hotmail.com, the situation might be different.

    21. Re:I would sue, but.... by Anonymous Coward · · Score: 0

      And I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.

      I guess you've never heard of a rumplestiltskin attack?

    22. Re:I would sue, but.... by dvdeug · · Score: 2

      I would rather have a clean e-mail box and not bother with suing people.

      It's easy to have a clean mailbox. Just never bother hooking it up to an email account. But the whole point of email is that people can put something in that mailbox. If you're going to go to extreme measures to not let anyone put anything in the mailbox, why bother having it?

    23. Re:I would sue, but.... by LinuxHam · · Score: 2

      or display it as a non-hyperlinking image.

      --
      Intelligent Life on Earth
    24. Re:I would sue, but.... by LinuxHam · · Score: 2

      I do expect that it will be reasonable human beings with an interest in communicating with me. Fradulently titled commercial email that I get 7 copies of (3 email aliases and 4 mailing lists that I'm on) don't count

      That's like yelling "no fair!" at a playground. You have to get over the fact that they don't play by any rules at all. Grabbing a valid email address is like finding a heads-up penny in the street to them. Even if they just watched a little old lady drop a bunch of change in a supermarket, they'll pick it up and keep it.

      --
      Intelligent Life on Earth
    25. Re:I would sue, but.... by Asgard · · Score: 1

      Quite a useful service, really. Just generate a new address every time you have to fill out a form that you aren't absolutely positive you'll always want contact with. The first time you get spammed from that unique address, just delete it from sneakemail. If by some chance the other end is 'good' and only sends you relevant mail that you asked for, no worries.

    26. Re:I would sue, but.... by nEoN+nOoDlE · · Score: 2

      any more than leaving a car in a parking lot while I shop makes me at fault for it getting stolen.

      yeah, but it's hard to steal a car, and it can net you a long time in prison... I think a better analogy would be leaving your wallet or just your license on the floor in the middle of the street... someone is bound to pick it up and it is your fault for leaving it there.

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    27. Re:I would sue, but.... by gutigre · · Score: 1

      I find it important that people reading my website can respond back to me.

      On each of my sites I put a link to http://www.towerofbabel.com/antispam/

      I'm sure my address gets harvested sometimes, but I never get more than 1 or 2 spams a week, even though my address is shown in plain text. Bots which find my site always follow the link, harvest lots and lots of fake e-mail addresses, and get literally thousands of bounced messages! Most spammers' servers can't hold up against that kind of self-inflicted spam attack.

    28. Re:I would sue, but.... by Anonymous Coward · · Score: 0

      And this isn't a picture of you, right?
      Scott Rubin

      And you didn't write this on that page, right?
      Email me at slr2777@cs.rit.edu

      And these condoms are for your brother, right?

  16. Alter the economics ... by LL · · Score: 3, Informative

    The fundamental change that the Internet introduced was the economic fact that sending n pieces of email took the same effort as sending 1. The fact that this essentially puts the cost (storage, bandwidth, attention, etc) onto the recipient distorts the incentive for posting which consequently leads to spam. This is the old story of privatise the benefits and socialise the losses.

    The book EarthWeb (see http://www.baen.com/blurbs/067157809X.htm, http://www.the-earthweb.com/) had a good idea in that people could set a threshold ... if the email wasn't worth their time, then they would "charge" the sender a small amount. If the free market worked, then advertisers would figure out the cost of your attention (especially if they lumped their mistakes) and be more selective in their branding activities (as well as reduce visual pollution). However, because the consumer doesn't have any expectation of privacy, much less opinion as to their preferences, B2C cheerfully ignore these minor details in their belief that buying xxx will solve your worries.

    Marketing is a necessary evil but the economic costs should be bourne by the originators (whoch have control over quantity) rather than the public at large. How much do you value your attention (and thus time)?

    LL

  17. Re:Too Many Spam Articles...reminds me of a skit by bstrahm · · Score: 1

    There should be ways of pointing .mp3 links on the comment section so that when the page loads, out pops the sound from the skit...

    Oh well. I used to have a series of spam rules that would file it away, and play the audio from the skit... but then when the skit was ALWAYS playing in my headphones :(

    Almost as much fun as attaching sounds to debugger events in windows. Attached the hindenburg catching fire to one in a debug lab. It was sooooooo much fun listening to the sound of the hindenburg crashing on a minute by minute basis (what a bad first day on the job for that announcer)

  18. Is this really a good idea? by HughsOnFirst · · Score: 4, Insightful
    This doesn't sound so good to me.
    Goliath then told the court, Harold says, "that when they get
    unsubscription messages, all their machine reads is the e-mail address. It
    can't read comments. Therefore they had never formed a contract with me,
    because they had never read my messages."

    Did this give Harold pause? "No. It made me angry. Who set up their
    machine, me or them? If they set up their machine to block
    communication, they are solely responsible for all communication that is
    blocked."

    I'm not sure I like the idea of being responsible for mail I don't read.
    1. Re:Is this really a good idea? by Anonymous Coward · · Score: 0

      I don't believe you could be responsible for 'unsolicited' email. An unsubscription message would be solicited.

    2. Re:Is this really a good idea? by sweet+reason · · Score: 1

      I'm not sure I like the idea of being responsible for mail I don't read.

      but they did read the messages he held them responsible for. they didn't read the whole message, but they did respond to it. that is communication, and if it wasn't intelligent communication on their part, well that's their problem.

      --
      Everything should be made as simple as possible, but not simpler. -- A.E.
    3. Re:Is this really a good idea? by 2Bits · · Score: 2

      Gee, I don't like that ideas, especially if it can apply to individuals. Now, imagine if some Goliath sending you spams or junk mails (which I toss to the shredder as soon as I don't, or don't want to, recognize the sender), stating that if you don't reply by a certain day, you are binding yourself to their contract.

      It won't be applicable, for sure, but when precendence is created, it can get hairy.

    4. Re:Is this really a good idea? by schon · · Score: 1

      I'm not sure I like the idea of being responsible for mail I don't read.

      That's an oversimplification... like saying "Yes, I receieved that piece of paper, but I didn't read it, so I'm not responsible" when the "piece of paper" in question was a subpoena..

      (yes, I know there is a difference between a legal document and an email, but I'm trying to make a point - "goliath" was notified, he can prove they were notified, and they ignored it.)

    5. Re:Is this really a good idea? by markmoss · · Score: 2

      The difference is that Harold's messages were _responses_ to messages from Goliath. If you send me something unsolicited (even items of some value by parcel post), I'm under no obligation to keep track of it. If I send you a message and you answer, I ought to read the answer...

  19. Hardest part about cracking down on spammers by Demon-Xanth · · Score: 2, Insightful

    I think the hardest part to catching spammers is finding out and proving who they are. They do damn near every trick in the book to hide thier identity.

    What might be more effective is to go after the people hiring them. Spam usually gives you a phone number (that's the only piece of reliable information) to call so you can get scammed. Don't buy anything from someone who won't tell you who they are. Call them up, find out as much information as possible, then rip them a new hole. Post the information on the internet, let the trolls troll the spammers.

    --
    If you think education is expensive, you should try ignorance -- Derek Bok, president of Harvard
  20. Re:$25 an e-mail?!? I'm rich! by gorsh · · Score: 5, Funny

    Better yet, send out an e-mail to everyone telling them about this great money-making opportunity!

  21. I like the headline by quantaman · · Score: 3, Funny

    Beating the Spam Merchants

    Good, you find the Spam Merchants and I'll find my bat!!

    --
    I stole this Sig
  22. vi is great. by cswiii · · Score: 1, Offtopic

    Mr. Bun: Morning.

    Waitress: Morning.

    Mr. Bun: Well, what you got?

    Waitress: Well, there's katz and CowboyNeal; katz, slashdot and CowboyNeal; katz and spam; katz, CowboyNeal and spam; katz, CowboyNeal, slashdot and spam; spam, CowboyNeal, slashdot and spam; spam, katz, spam, spam, CowboyNeal and spam; spam, slashdot, spam, spam, spam, CowboyNeal, spam, tomato and spam; spam, spam, spam, katz and spam; (Vikings start singing in background) spam, spam, spam, spam, spam, spam, Cmdr Tacos, spam, spam, spam and spam.

    Vikings: Spam, spam, spam, spam, lovely spam, lovely spam.

    Waitress: (cont) or lobster thermador ecrovets with a bournaise sause, served in the purple salm Mr. Bunor with chalots and overshies, garnished with truffle pate, brandy, a fried katz on top and spam.

    Mrs. Bun: Have you got anything without spam?

    Waitress: Well, there's spam, katz, slashdot and spam. That's not got much spam in it.

    Mrs. Bun: I don't want any spam!

    Mr. Bun: Why can't she have katz, CowboyNeal, spam and slashdot?

    Mrs. Bun: That's got spam in it.

    Mr. Bun: It hasn't got as much spam in it as spam, katz, slashdot and spam has it?

    Mrs. Bun: (over Vikings starting again) Could you do me katz, CowboyNeal, spam and slashdot without the spam then?

    Waitress: Ech!

    Mrs. Bun: What do you mean ech! I don't like spam!

    Vikings: Lovely spam, wonderful spam....etc

    Waitress: Shut up! Shut up! Shut up! Bloody vikings. You can't have katz, CowboyNeal, spam and slashdot without the spam.

    Mrs. Bun: I don't like spam!

    Mr. Bun: Shh dear, don't cause a fuss. I'll have your spam. I love it. I'm having spam, spam, spam, spam, spam, spam, spam, Cmdr Tacos, spam, spam, spam and spam. (starts Vikings off again)

    Vikings: Lovely spam, wonderful spam...etc

    Waitress: Shut up! Cmdr Tacos are off.

    Mr. Bun: Well, can I have her spam instead of the Cmdr Tacos?

    Waitress: You mean spam, spam, spam, spam, spam, spam, spam, spam, spam, spam, spam, and spam?

    Vikings: Lovely spam, wonderful spam...etc...spam, spam, spam! (in harmony)

  23. I don't know about you... by llamalicious · · Score: 3, Funny

    but all this Spam news is making me hungry.

    Spam Nachos anyone??

  24. Tennessee Spam Laws by aardwolf64 · · Score: 3, Interesting

    I did a little bit of research last week on Spam laws in my home state (Tennessee) According to Tennessee Spam laws, if a company based in Tennessee spams you after you have requested they remove your name, you can sue them for up to $5000 per day they continue to spam them. I found out about this law at SueSpammers.org.

    Incidentally, I have a spamcop IMAP e-mail account that filters out potential spam. There was one guy from Canada that kept spamming me over and over. I noticed that the unsubscribe link (which I had tried twice) pointed to a top level domain. Using Internic's WHOIS, I got the jerk's home address, phone number, and e-mail address. Luckily in this case it wasn't forged. After personally contacting him (and threatening legal action), I have gotten no spam from his "company" in 1 week. (Funny thing is, Canada has no anti-spam laws... it was all BSing)

    1. Re:Tennessee Spam Laws by GMontag · · Score: 2

      Just found that website and was baout to post when I found your post.

      I wonder how the courts in Knoxville are about this? BTW, from my layman, very breaf reading, of the TN statutes it looks irrelivant as to where the spammer is located. The relevant location seems to be where the recipient is.

      Since I live (domicile) in Knoxville, TN but work mostly in Northern VA, I looked up the VA law. Appears to be a max of $25,000/day in VA.

      Will definately be researching this more to see just what to do to sue the same spammer from 2 different States!

    2. Re:Tennessee Spam Laws by Anonymous Coward · · Score: 0

      why do you consider it BS? that's what NAFTA is all about ... granted, you'll be suing canada, not the guy, but you'd at least get some reimbursement

    3. Re:Tennessee Spam Laws by aardwolf64 · · Score: 1
      Unfortunately, it is only for spammers located in state. From the TN law (here),
      No person or entity conducting business in this state shall facsimile (fax) or cause to be faxed, or e-mail or cause to be e-mailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services...
    4. Re:Tennessee Spam Laws by aardwolf64 · · Score: 1

      And if I'm lucky, it might cover my legal fees... ;P

    5. Re:Tennessee Spam Laws by GMontag · · Score: 2

      f.In the case of unsolicited bulk e-mail, this section shall apply when the unsolicited e-mailed documents are delivered to a Tennessee resident via an electronic mail service provider's service or equipment located in this state. For these purposes "electronic mail service provider" means any business or organization qualified to do business in this state that provides individuals, corporations, or other entities the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail.

      Does this modify what you quoted, i.e., if an ISP has equipment in TN that delivers the e-mail to you does that bring the spammer into violation?

    6. Re:Tennessee Spam Laws by aardwolf64 · · Score: 1

      Hehe... ummmm... (looks around shiftily)... I dunno. I'd have to ask a lawyer, and I'm not one. :)

  25. Re:$25 an e-mail?!? I'm rich! by EricKrout.com · · Score: 1

    I don't care about the money, I just want naturally bigger breasts.
    monolinux

  26. WOW!!! by CoderChick · · Score: 0, Offtopic

    Imagine a Beowuld Cluster of these!!!!

  27. JunkBusters by southpolesammy · · Score: 1

    Go to JunkBusters website for lots of information on how to beat the spam mailers, as well as other info on telemarketers, junk snail mail, and lots more. Fairly decent site...(no it's not my site)

    --
    Rule #1 -- Politics always trumps technology.
  28. Re:$25 an e-mail?!? I'm rich! by Anonymous Coward · · Score: 0

    Jerk. You made me spit cola out my nose!

  29. Slippery as a snake by Eric+Damron · · Score: 3, Informative

    I love stories like this where the individual triumphs over evil.

    In the State of Washington you can sue for up to $250.00 per spam. Spam is defined as unrequested commercial bulk email that has either a misleading subject line and/or invalid return address.

    The real problem with trying to collect is that most spammers make it VERY difficult to trace the email back. They may bounce it off of an open relay or use stolen accounts and they almost always use a false return address.

    You can usually find the domain that the email came from by looking at the header information but if they bounced it off of an open relay in China it may not do you any good.

    Really, the only ones that you should try to go after should be the ones that are stupid enough to provide you with real information in the body of the letter that will allow you to track them down.

    Most of the time the spammer wants one thing: Your money. So he may give an 800 number or a web page URL. If you can convince him that you need his real address to send him money the may provided it and you can send him a subpoena instead. ;-)

    Some spammers will try to get your credit card number. Once they have it you may find yourself the unwilling donator of a brand new laptop or some other piece of property that the spammer can sell on the black market.

    Never, never, never, give a spammer your credit card number.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:Slippery as a snake by grunchman · · Score: 1

      "Spam is defined as unrequested commercial bulk email that has either a misleading subject line and/or invalid return address."

      The problem is, if you try to convince the spammer to send you more info so that you can track them, this would invalidate the "unrequested" part of the definition of Spam.

      --
      paranoia breeds confidence - Brazil
    2. Re:Slippery as a snake by DavidTC · · Score: 1

      Does change the fact taht the first one was spam, and you can still sue them over that on.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  30. Very cool by einTier · · Score: 4, Funny
    Now I've found out what to do while I'm unemployed. I'm currently sending a unsubscribe response to everyone that's currently spamming my three main email accounts, plus my two throwaway spam accounts. I'm including a link to this story and asking for a $25 reader's fee. I figure if any of them get past a few hundred dollars, I'll try legal action.


    Shouldn't take long.

    --
    -------------------------------------------------- $665.95 -- retail price of the beast.
  31. The other cost of spam to the Internet by Lumpish+Scholar · · Score: 2
    I don't put my e-mail in public places where spammers would look to pick it up. As far as I'm concerned if you get spammed, it's your fault.
    That's the other cost of spam. If spam makes it impossible to for me to post to Netnews (without forging my From: header) or subscribe to a mailing list or list my e-mail address on Slashdot, that's the harm.

    (I've gotten into a few good e-mail discussions via the address I post here. I also get about 20 spam messages a day, between having my address having been here and briefly on one of the Linux mailing lists. Is it worth it? The jury's still out.)
    --
    Stupid job ads, weird spam, occasional insight at
  32. suing spammer by sheol · · Score: 2, Interesting

    I am attempting to do the same. I recieved a spam a couple days ago that caought my attention. They had copied an image from my homepage and used that in the spam they emailed me.

    I sent them back a letter demanding $110 for my time wasted. $100 for 'legal fees' and $10 under colorado law for each unsolicited commercial email.

    Hopefully if enough people do this, spammers will be more careful to who they send emails. Either that or spammers might start something like the RBL except it would be a list of spam-unfriendly recipients. That'll be the day...

    1. Re:suing spammer by SpacePunk · · Score: 1

      WTF is that? A mutant penis? An eel from Venus? Hell, you should have paid them.

    2. Re:suing spammer by bluGill · · Score: 2

      If they copy a image from your homepage, then they are in violation of your copyright on that image, and you can sue them for far more than that.

    3. Re:suing spammer by bero-rh · · Score: 2

      Let me guess, they didn't respond at all.
      trafficmagnet.net does this all the time; I'm receiving the same piece of spam about once a month for virtually all domains I own as well as a couple of other domains I've never heard of, apparently because someone linked to my email address.

      I've tried contacting them and demanding $1000 according to my terms of service, but they don't react, and neither does their uplink -- and since their whois information is fake, there's noone to sue. :/

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
    4. Re:suing spammer by xTK-421x · · Score: 1

      My company recieved the same thing from trafficbbs.net on all our public email accounts today. Wonder if this is the spammer's alternate/backup once magnet gets shut down.

      --
      "TK-421, why aren't you at your post?"
    5. Re:suing spammer by bero-rh · · Score: 2

      I can confirm they're the same thing (they keep spamming me using both addresses), and I'd bet real money that "Christina Hall" (TrafficMagnet) and "Vanessa Lindner" (TrafficBBS) are the same person.

      Unfortunately, they've managed to find an ignorant uplink for both aliases.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
    6. Re:suing spammer by xTK-421x · · Score: 2, Interesting

      Looks like we're not the only ones having this problem... Google Groups Search.. I'm going to have one of the Chinese guys here at work help me craft a letter to send to their Uplinks, perhaps it's just a language problem instead of ignorance..

      --
      "TK-421, why aren't you at your post?"
  33. Sometimes trust is violated by switcha · · Score: 1
    ...no matter how careful you are.

    I understand your points about taking precautions, but should we be faced with the prospects of either getting assloads of spam, or cowering in fear of even the companies we pay to protect our information? I guess I could get an email address and make is super secret and never give it out, but then what's the point?

    --
    You know what? ... A little club soda *did* get that out!
  34. Make Money Fa$t - the West Coast way! by WillSeattle · · Score: 1

    You too can make easy money with just hours a day.

    First, this offer is only available to citizens of forward-thinking states like Washington, Oregon, and California that permit you to sue spammers an amount per email in small claims court.

    In Washington, it's $250 per spam. In Oregon, it's $25 per spam. I'm not sure of the amount in California.

    Now, set up a whole bunch of email accounts on some service - yahoo.com or some other free service. Make sure you enter your address and state in the registration - and for good luck, put it in the email address (e.g. WeLiveInOregon@yahoo.com would be an excellent email address).

    Now go and surf the net and post as you will. Make sure you let them read the email address you've created.

    Soon you'll be getting tons and tons of checks as the spams roll in!

    [patent pending]

    -

    --
    --- Will in Seattle - What are you doing to fight the War?
  35. Bill Them! by fm6 · · Score: 2
    I've found the "I will bill you $X for each spam" quite an effective threat against spam companies, especially those that pose as "opt-in mailing list" providers. But of course it's useless to send this threat to any address provided by the spammer -- as the article points out, these are never read by humans. Instead you go to a whois server and look up all the contacts for the originating domain and for the company that owns the domain (spam companies often don't care to use their "official" domain to originate spam for obvious reasons). That will get you some action.

    Sadly, this does nothing about all the lame pyramid-scheme and enlarge-your-body-parts spam we all get. This originates from rather stupid individuals who've ben conned into joining high-tech versions of the old stuff-envelopes scam, and thus pop up faster than you can smack them down.

  36. Re:$25 an e-mail?!? I'm rich! by Anonymous Coward · · Score: 0

    will they sue you for spamming?

  37. Re:$25 an e-mail?!? I'm rich! by Anonymous Coward · · Score: 0

    easy come - easy go!

  38. How effective is all the blocking, blacklisting..? by Kamel+Jockey · · Score: 2

    I'm not trying to troll here, but this whole discussion got me thinking, how effective are the current means of blocking spam, such as RBL, blocking out certain countries, etc., if so much spam is getting to people's inboxes? Whenever I read the mail-abuse.org website, they talk about how effective they are, but if so many people are using their product and other products like theirs, why is spam still a problem? Or is this just a case of the people who are not using these products complaining about the spam?

    --
    In case of fire, do not use elevator. Use water!
  39. We're missing the bigger picture here... by PyroJimmy · · Score: 3, Interesting

    ... which is the fact that spam cases need to eventually be taken through the court system, with a verdict being handed down by a judge or jury.

    This man doesn't qualify for hero status. He basically threatened the company with a lawsuit and accepted a little money to go away and not tell anyone about the company's practices (or at least without the company's name).

    When people settle cases, they may get some money and self-satisfaction, but it does very little good for anyone else. When a case is tried in court and a verdict is rendered, a legal precedent is set by which future actions are governed. This is the only truly effective way of fighting the onslaught of spam email in the long run.

    Even if you manage to get a huge settlement and put a company out of business, the way is still paved for 5 more companies to pop up and take its place. And in this case, it sounds like the company is absolutely free to continue its practices as it has in the past. Where's the good angle to this story?

    1. Re:We're missing the bigger picture here... by smillie · · Score: 1
      When a case is tried in court and a verdict is rendered, a legal precedent is set

      I'm guessing you didn't read the other link that explains that a small claims verdict never sets "legal precedent".

      --

      Dyslexics Untie!

  40. You don't contribute to OSS either, do you? by devphil · · Score: 4, Informative
    And I don't put my e-mail in public places where spammers would look to pick it up.

    Such as web archives of mailing lists for opensource projects? It must be nice to sit there handing out advice and calling people idiots when you never contribute to the community.

    Most of the spam I get is at an address harvested from mailing list archives for GCC, Doxygen, and few other much smaller projects. Does that mean I'm an idiot? If you think so, perhaps you shouldn't be using these programs (after all, an idiot has contributed to them).

    Does that mean I'm going to stop sending mail to a public mailing list? No, because as much as I'd like to reduce the amount of spam I get, I'd much rather see improved software.

    As far as I'm concerned if you get spammed, it's your fault. [...] But while spamming is still a problem, deal with it and don't be an idiot.

    Suing spammers is being an idiot? Huh?

    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
    1. Re:You don't contribute to OSS either, do you? by Apreche · · Score: 1

      I don't use any of those things, nor will I probably ever. I'm not really into the open source thing. I'm into the free software thing. The only good I see in open source is that the software is free. Nothing has shown me that it's necessarily higher quality than other software. But that's not the point.

      If you don't want spam, don't put your e-mail address there. If you put your e-mail out, expect spam. If you don't unlist your phone # expect telemarketers. It's not right for the spammers to take your e-mail off of the website and then spam you. But if you know that it's going to happen, and you do it anyway, don't complain about getting spam, because you could have prevented it.

      --
      The GeekNights podcast is going strong. Listen!
    2. Re:You don't contribute to OSS either, do you? by dvdeug · · Score: 2

      don't complain about getting spam, because you could have prevented it.

      So you would never complain about getting dumped or fired, because you could have chosen not to get involved in the first place? Your methods of prevention are completely unacceptable for anyone who actually wants to communicate via the net, similar to never going on a date for fear of being dumped.

    3. Re:You don't contribute to OSS either, do you? by Apreche · · Score: 1

      No, don't complain about getting fired because you could have worked harder and not given them a reason to fire you. If you made yourself valuable enough to the company they wouldn't fire you. If they lay you off for financial reasons, and you were a great worker, they will be a great reference to you on your next job.

      Same thing for girls.

      --
      The GeekNights podcast is going strong. Listen!
    4. Re:You don't contribute to OSS either, do you? by dvdeug · · Score: 2

      don't complain about getting fired because you could have worked harder and not given them a reason to fire you

      You can stop the boss's cousin from needing a job?

  41. Why hide their identity? by Skapare · · Score: 2

    I do know this is a standard clause in boilerplate agreements lawyers typically put together. But these things can be changed, and often do get changed during the course of negotiations. What is the dollar amount you would put on agreeing to hide the identity of someone who wronged you and is now finally agreeing to pay up for it, but won't pay as much (if any at all) if you don't agree to include that clause? And likewise, what is the dollar amount for agreeing not to submit it to slashdot/kuro5hin/etc?

    --
    now we need to go OSS in diesel cars
    1. Re:Why hide their identity? by taustin · · Score: 1

      I would never sign a non-disclosure agreement on a lawsuit. If it goes to a jury, it's public record, and they can never make it otherwise. That's worth more than any amount of money.

  42. Harold Hickok's settlement by e40 · · Score: 1

    Too bad it prevented the naming of the company that did the spamming. I understood the point of going to small claims court was to hurt the spammer. Wouldn't naming them hurt them the most?

    1. Re:Harold Hickok's settlement by Skapare · · Score: 2

      It would. It could be substantial, too. And it may still be possible to find out who, though not find out the settlement terms. Since the case was filed with a small claims court, the records should exist, and should be public, unless a judge orders them sealed (and I don't know it would have been carried that far).

      --
      now we need to go OSS in diesel cars
  43. How do you hide your email address ... by Tim+Ward · · Score: 1

    ... and still make a living?

    Potential clients need to be able to contact me by clicking on a mailto link without any faffing about. If I make it harder than that they'll just go elsewhere.

  44. class action suit anyone? by Anonymous Coward · · Score: 0

    must be a few takers

  45. Why not getting help from the mail-client? by software_non_olet · · Score: 2, Interesting

    Everyone trying to track down a spam-source probably allready had the same problem:

    How to tell the complaining enduser to forward you the spam-email with all email headers intact? "What are email-headers?" is the number one question you hear. After two minutes explanation the next question will probably be "Where do I have to click to do that?". And another five minutes explanation later you know that you will never get that spam-email intact because you hear a phone ringing or the boss asking "Is that report ready?" in the background.

    Why not adding one button to each mail-client labelled "This is SPAM"? So the user simply has to click this button, is asked a confirmation question like "Do you really want to send the messaged titled blah..blah to your anti-spam department and erase it?" and then whoosh the mail is send with all headers (as an attachment) and with the propper legal text in in "user thisandthat declared the attached email a being UCE blah..blah". And the configurable antispam-address defaults to - say - spam@users_main_email_domain where you or your script is ready to handle it.

    Then depending on your policy you can check it and report it to the spammers ISP, or have an automatic script behind it, which updates your block-lists (e.g. after a number of complaints about the same sender or depending on the trustworthyness of the enduser). You could even implement scripts, which automatically delete this email (or all emails from the same source) from the POP accounts of your server and send them back to where they came from - with the propper RFC-compliant messages. Or send them to spamcop or whatever your agreed-on anti-spam policy says.

    Perhaps you know a friend who is writing Email-Clients or Plugins for these beasts (or you yourself can you that).

    If it's time to fight back, let's use automatic weapons!

  46. Traditional Media is our ally in this case... by JohnDenver · · Score: 2

    Especially if it causes them to lose advertisers who want a cheeper way to reach people.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  47. Posit... by Anonymous Coward · · Score: 0

    If nobody gets a "joke", isn't the joker the real joke?

  48. how to deal with SPAM, in 4 not-so-easy steps by Anonymous Coward · · Score: 0

    Dealing with SPAM through the legal system is never going to work very well; it's too easy play jurisdiction games, and the punishments are too light. So:

    Step 1: track back SPAM to the person sending

    Step 2: Visit that person

    Step 3: Torture them to death, disembowel them, crucify them, leave their body parts all over the PC they use for spamming. Carve "SPAMMER" into their dead body. Be creative with Hormel products.

    Step 4: take pictures and give them wide distribution on the 'net.

    Risk = (probability) x (consequences). Let the spammers know that while the probability of something bad happening to them as a result of spamming is low, the consequences are very high indeed.

    (I do not advocate the above actions, they would be wrong. But it's about what it would take to stop SPAM...now if someone with Photoshop and a sick imagination wants to start an urban legend, please be my guest).

  49. With the rate bandwidth is increasing.... by Kibo · · Score: 2

    faster than cpu speed, and hard drive storage, doesn't it seem that spam will get worse as the technology provides more and more bandwidth at ever lower prices? It doesn't seem that the extreamly rare individual costing the spammers some pocket change is a significant pressure against the behavior. And since the bandwidth is going to probably be less and less of an issue, doesn't it seem likely that spam will just be something we'll have to just accept? At least until law makers provide some real teeth for little guy to rend soft pink spammer flesh. Unless ISP decide to throw their weight around for their customers, with the problem getting easier for them to ignore, it's just going to end up an accepted, and shitty part of life.

    It'd be interesting to see what spam cost the world in lost time, and lost network resources.

    --
    --Jimmy has fancy plans; and pants to match.
  50. Do you have friends? by jfengel · · Score: 1

    I, too, am careful about my email address, and use a variety of them to be able to sort out the real mail from the spam.

    But I also give out my email address to my friends, many of whom are not geeks. Some of them aren't even all that close friends, but I have a responsibility for one reason or another for them to contact me. Such people have a way of "sending this news article to a friend!" or sending me birthday cards or other such spam-friendly activities.

    They say that the only secure computer is the one turned off, encased in concrete, and dropped into the ocean. The only spam-free email address is the one that you never use.

    My response is to use various email addresses, any of which can be turned off. Some people will lose contact with me through no fault of their own, because somebody in their circle decided that I needed to be on some mailing list. That's one cost of spam to me.

  51. Why pursue spammers when you can ignore them? by tuxlove · · Score: 2, Interesting

    Repost of my message from previous spam story, sorry for repetition, but I think it might help people to see it: (no karma whoring, I'm already at max :)

    It's easy to stop spammers, but you need to have the ability to create an arbitrary number of email addresses. If you manage your own domain, or at least have the ability to create and destroy email addresses in your domain, you can virtually eliminate spam.

    Here's my recipe. I have no worries explaining this in public, because there's nothing the spammers can do to get around it. For every Internet service you use, every mailing list you subscribe to, every online retailer you buy from, you create a unique email address (for example, my PayPal email address is "paypal@mydomain.com"). In essence, you have a different "email channel" for every source which might potentially be used to send you email. As soon as you receive a single spam on any email address, you delete it. You'll never get spam for that address again, and if you really want you can create a new one for whatever site it was used for (e.g. if you get spammed on "paypal@mydomain.com" you can create a "paypal2@mydomain.com" and change your email address with PayPal; or you can just stop using PayPal). Simple so far.

    Where it gets trickier is your more "permanent" email addresses, but the problem is solvable. I have a main email address I've used for 10 years, and of course spammers have gotten a hold of that address many times over. I don't want to destroy that address, since all my friends and colleagues know it and expect it to exist. Notifying them all each time I cancelled it would become quite burdensome for all of us. To deal with this, I have created a tool which is executed by procmail that checks each incoming message to my permanent address to ensure that the sender is valid. I have a fairly small list of known valid senders which are allowed to send me email, and those go right through to my mailbox. Not only does the tool check the sender, but it optionally checks the "Received" header in the mail to ensure it's coming from the expected mail server (in case a spammer tries to pose as someone on my OK list - paranoid, true, but I like paranoia).

    This solves all problems except one - how do people I don't expect to send mail to me actually reach me? My tool also has a "disallow" list of mail servers, and any mail originating from one of those servers will be tossed in the trash. Mail from an unexpected sender whose server is not in the disallow list will get a response from my procmail tool with a special subject line in it. They are instructed to reply, and my mail tool will then accept their message on a one-time basis after scanning the subject line for the secret magic key. If I like the person, I'll add them to my "allowed" list so they never have to go through the two-step process again.

    What if a spammer figures out my scheme and makes a spam tool that auto-replies, you ask? For that to work, he would have had to use a real return address, which they never do. But if he did, I would then know who he was and be able to block further mail and pursue him, if desired. So far that's never happened. Even if it started to happen frequently, I have plans for an upgrade to my tool which would randomly vary the required method of reply in a way that was impossible to perform programmatically. No need for this so far.

    I realize that most of this can be done with procmail alone, but there are some aspects of it that are ugly or impossible to do with just procmail. It's integrated with sendmail to a small extent, as well, which requires a separate tool as well (future extensions for other mailers should be fairly easy).

    Maybe when this is all finished I'll make it publically available. Would anyone out there find it useful? (Or has it already been done, and am I wasting my time?)

  52. Here's an identity already! by Skapare · · Score: 2

    A reply to one of my comments in the slashdot article about ORBZ Shuts Down has pointed to a new article which reveals the identity of the party who threatened ORBZ operator Ian Gulliver with jail.

    In that new article it is mentioned that Ian's lawyer advised him against releasing a copy of the search warrant. Why? Is it copyrighted?

    --
    now we need to go OSS in diesel cars
  53. Spam Tax by svoid · · Score: 1

    The reason that spam is so prevalent is because it is considerably cheaper than many other forms of mass marketing. I think that the government should impose a tax on spam driving the price up so that it is at least competitive with snail mail mass marketing. This would reduce the amount of spam, and generate a lot of tax dollars that could be used for upgrading the nations technology infrastructure.

  54. What would really solve this problem? by NanoGator · · Score: 2

    I got unsolicited mail (post office mail) addressed to 'NanoGator Animation, Inc.'. I know where they got this info. When I registerred my domain, I sarcastially put that as the billing info. That is the only time I have ever used that name.

    I've come up with ideas ad nauseum about how to fight spam, but so far the solutions either require really limiting your capabilities, or threaten to force spam to come through other ways such as Instant Messaging. Maybe we're fighting the wrong battle. What are some other approaches to fighting spam?

    One approach to fighting spam would be to devalue it. Anybody know how we could do this? One idea I had was to generate a bunch of fake lists and actually sell those to would be mass-solicitors. Tainted addresses would increase suspicion of whether or not it'd be worth buying a list.

    Another one would be to generate so much spam that everybody is forced to take steps against it. I realize this would initially do more harm than good, but if our mailbox did get 1400 mail mesasges a day like mentioned in a previous article, then it would make unsolicited mail far less interesting. I'm willing to switch to IM (or a private email network) for a month or two to blow it out heh.

    Anybody else have ideas about how to devalue spam? If we brainstormed a few ideas, something really interesting might pop up.

    --
    "Derp de derp."
    1. Re:What would really solve this problem? by weave · · Score: 2
      ...NanoGator Animation, Inc.'. I know where they got this info. When I registerred my domain, I sarcastially put that as the billing info. That is the only time I have ever used that name.

      I did something similar. Unfortunately, if you ever want to sell or transfer your domain to someone else, you're going to have to have a legal officer of NanoGator Animation sign something on official NanoGator Animation letterhead. (At least that is the rules for NetSol...)

      Not impossible to get around, but still a PITA. :(

    2. Re:What would really solve this problem? by Anonymous Coward · · Score: 0

      Think that's bad?

      A friend and I have a long standing 'joke' of sorts, based on his screen name at various places of 'Johnny Deere'. I took up the name 'Bob Vila'. (You had to be there, trust me.)

      Anyway, I started getting spam on my one e-mail account. So I replied to it, with the standard unsubscribe request. No more spam.

      I now have snail mail being delivered to 'Bob Vila'. Snail mail. About the only way I can think of as to how they got my actual address is through looking up domain registrant information. How they took that and coupled it with blah@whatever.com (Bob Vila).. I'll never know.

      It is, however, a source of endless amusement to me and my friends. Ah, apologies to Mr. Vila. :P

      At any rate, I don't think fake lists would work - they'd probably take you to court and win. :/ However, they can't exactly do anything about fake addresses *they* gather. Post em on yer websites, post em to usenet, post them everywhere their damned search bots crawl. Be careful when trolling fake addresses, though, you don't want to harm any innocents. :p

    3. Re:What would really solve this problem? by NanoGator · · Score: 2

      Doh! *Slaps his forehead* heh

      Glad I don't intend to sell it. THanks for educating me!

      Think if I just changed the billing info I'd be ok?

      --
      "Derp de derp."
    4. Re:What would really solve this problem? by Anonymous Coward · · Score: 0

      Switch to another registrar like 123cheapdomains.com. I've been using these guys for years and they give superb service as well as very rapid response. No BS NIC handles or other bogus requirements.

  55. Sue on my behalf by TimButterfield · · Score: 2, Interesting

    I wonder if some of the services like SpamCop could handle something like this. For each spam that is reported, allow sending the "$25 will be owed for each subsequent spam" along with the spam report. On collecting a sufficient quantity of subsequent spam from the same company, sue on behalf of the many receipients and split the cash to cover their expenses. Even if they could not sue directly on behalf of the inviduals, it would be nice to consolidate the contact information for the companies and individuals that could be sued for the spam received.

    1. Re:Sue on my behalf by skurk · · Score: 1

      Indeed. Or better yet, when sending spam reports it could be a checkbox saying something like "I hereby give SpamCop the permission to sue on my behalf and keep the profit from it."

      I use SpamCop alot, but can unfortunately not afford registering - yet. This could be a great way for the guy(s) at SpamCop to earn some extra cash from us non-paying reporters.
      Or something like that.

      --
      www.6502asm.com - Code 6502 assembly or.. DIE!!
  56. Looks like we can have more fun with... by The+Pi-Guy · · Score: 1

    Bernard Shit^Hfman!!! :)

    --pi

    1. Re:Looks like we can have more fun with... by cecil36 · · Score: 2

      I know. I was thinking class-action lawsuit seeking a similar judgment.

  57. Are you sure your email isn't posted? by Anonymous Coward · · Score: 1, Funny

    You don't ever let your email address be posted anyplace? Not even like on http://www.cs.rit.edu/usr/local/photo_album/slr277 7.html?

  58. Precedent by phriedom · · Score: 1

    But small claims may not set precedent. So taking their money is the best you can do. If enough people do it, it works.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  59. significant pressure by phriedom · · Score: 1

    Lets do the math. Lets say a Spammer sends out 100,000 emails at a cost of $0.50-$20. Lets say their %0.01 hit rate gets them 10 $20 subscriptions for their effort. Thats a nice $180-199.50 profit. Now suppose they hit one Washington resident who charges them $250 in small claims court. Now the numbers are all questionable, but I think the premise that it only takes a few people using the laws to make Spamming unprofitable is valid. Right now sending spam costs next to nothing. Any fines really move the margin.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  60. Re:$25 an e-mail?!? I'm rich! by Jucius+Maximus · · Score: 1
    " Oh my god, I'd better call my lawyer... I may already be a millionaire!"

    Are you saying that this is a way to MAKE MONEY FAST?

  61. great fun with spammers... by Anonymous Coward · · Score: 0

    A great project that is still in it's startup phase to combat spam is the Public Domain Intellectual Property Archive also can get great responses from the spammers themselves.

    ------Excerpt from pdipa.gnutec.com ---------
    The Unsolicited Comercial Bulk Intellectual Property Daemon (UCBIPD), is a deamon that looks for $spambox folders in user mail directories, automatically responds to each SPAM message found, thanking the SPAMer for asigning all intellectual property rights in the SPAMed material to the recipient, archives the SPAMed material in a Public Domain Intellectual Property Archive (PDIPA) and then deletes the SPAMed material from the user's $spambox.

  62. What about a class action suit? by Anonymous Coward · · Score: 0

    How about a class action suit against a spam company.

    Any hungry lawyers out there?

  63. Re:Hmmm.... by Anonymous Coward · · Score: 0

    One last thing (posting as AC to avoid what apparently was a string of idiot moderations)... how exactly was the parent of this post offtopic, givent that China is a big part of the spam problem?

    /Brian

  64. Can you do discovery on ISPs in small claims? by billstewart · · Score: 2

    In one of the cases discussed here, the spammer got really upset about being dragged into discovery about his spamming. But many ISPs keep SMTP forwarding logs. Can you use discovery subpoenas to get *them* to produce their log files for a small claims case? That would be an interesting way to go after the spammers who are their customers, if their abuse people aren't helpful enough.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks