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EU to Require Opt-In for Commercial Email

D4C5CE writes "EuroCAUCE (Usenet message below) and Heise (in German) report that the European Parliament has voted to ban spam by adopting the "opt-in" system for unsolicited commercial email, finally freeing the way for the entry into force of a "European Parliament and Council directive concerning the processing of personal data and the protection of privacy in the electronic communications sector". The news of the parliamentary U-turn comes after a recommendation by the "Committee on Citizens' Freedoms and Rights, Justice and Home Affairs" to permit "opt-out" marketing had received critical coverage, causing countless spam victims world-wide to alert the Members of the European Parliament to the big mistake they were about to make, and it is hoped to become the useful precedent of a workable approach for US lawmakers currently evaluating means to regulate spam as well." The Parliament's daily notebook has an overview. Individual EU countries still have to implement this with legislation before it is effective.

From: Beebit <beebit-u03@euro.cauce.org>
Newsgroups: news.admin.net-abuse.email, talk.politics.european-union
Subject: European Parliament Supports 'Opt-In' for Commercial Email
Date: Thu, 30 May 2002 13:08:11 +0200

The European Parliament has decided to accept the Council's Common Position which would require senders of advertisements by "electronic mail" to have the recipient's prior consent. "Electronic mail" is defined broadly enough so as to include text messaging systems based on mobile telephony in addition to email.

The 'opt-in' requirement for electronic mail will be in Article 13, Paragraph 1 of the new Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector which will enter into force following its publication in the Official Journal. The Directive will guide the enactment of legislation throughout the European Economic Area, which includes the 15 EU Member States and European Free Trade Association members Norway, Iceland, and Liechtenstein. EU Members Austria, Denmark, Finland, Germany, Greece, and Italy as well as EFTA member Norway had already implemented 'opt-in' in their national legislation.

Further provisions in the same Article would allow companies to send advertising via email for their own products or services of a similar category to addresses which they had obtained in the course of a sale, unless and until the customer has registered an objection. Customers are to be given the opportunity to object "free of charge and in an easy manner" both at the time the contact details are collected and with each advertising message.

All in all, is an extremely welcome development, and should serve as an example and inspiration for legislators in other territories. We are absolutely delighted to see Parliament joining the Commission and the Council in taking a stand to protect European consumers and network users. It only remains to extend similar protection to corporate citizens. This will probably have to be within the framework of other legislation than that pertaining to the processing of "personal data".

~~~
The European Coalition Against Unsolicited Commercial Email is an all-volunteer, ad-hoc grouping of Internet users and professionals dedicated to bringing about an end to an unethical practice by technical and legislative means. http://www.euro.cauce.org/en/

299 comments

  1. damned america by Anonymous+Cowrad · · Score: 2, Insightful

    Why must we be so behind the times when it comes to things like this?

    Oh, right. We don't want to interfere with business' right to annoy the hell out of us.

    --

    --
    pants ahoy
    1. Re:damned america by RegularFry · · Score: 1

      Bear in mind that this nearly didn't happen.

      --
      Reality is the ultimate Rorschach.
    2. Re:damned america by Anonymous Coward · · Score: 2, Insightful
      Why must we be so behind the times when it comes to things like this?

      Oh, right. We don't want to interfere with business' right to annoy the hell out of us.

      Where are your manners? That's no way to talk about your masters, now get back to work and remember to tithe a substantial amount of your income to business approves products and services. Opinions like yours get in the way of buying elected officials and key appointments.

      If anything, the EU is years behind the USA in selling out to business and the wealthy. Now if you'll excuse me, I have to go sell guns to school children.

    3. Re:damned america by base2op · · Score: 2, Insightful

      Why does it seem that the US government exists to protect the rights of businesses over citizens? I don't mean just with this issue, but like the DMCA, etc...
      It's a tad unsettling.

    4. Re:damned america by macdaddy357 · · Score: 1

      If opt in could be done properly, it might work, but 80% of the spam I am bombed with every day falsely claims that I opted in. When I unsubscribe as instructed it seems that my account gets spammed worse and worse. I would like to see a national e-mail ad do not send list established just as many states are starting telemarketing do not call lists. Spamming addresses on the do not send list should result in jail time, not just fining a corporation a few beans. It's high time for America to ditch it's blind faith in the religion of capitalism. The almighty dollar is an idol.

      --
      How ya like dat?
    5. Re:damned america by Palarran · · Score: 1

      Because corporations are legal people. If you had $40 Billion in liquid assets, you'd have a shot at some of the same rights Big Business does.

    6. Re:damned america by agallagh42 · · Score: 1

      "remember to tithe a substantial amount of your income"

      That statement doesn't make a lot of sense, since "tithe" by definition means to give 1/10 of your income.

      --
      Carpe Cerevisi - Seize the Beer
    7. Re:damned america by Sloppy · · Score: 1

      Or maybe we just don't want unenforcible laws. You darn-well know that after a law like this were passed, all your spam are bel -- um -- all of your spam would come from servers outside US jurisdiction.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    8. Re:damned america by Anonymous Coward · · Score: 0

      The EU laws won't help, unless the penalties are 20 years forced labour digging for ice on Mars.

    9. Re:damned america by Anonymous Coward · · Score: 0

      Well, that would be a nice change, as at the moment, almost all my spam comes from servers inside the USA, and I do not even live there...

    10. Re:damned america by Anonymous Coward · · Score: 0

      Who says anti spam laws are unenforcible on the Internet?
      Try either
      State V Heckel # 69416-8 or


      State v Heckel : Findlaw .
      Same case, different archives.

      Washington law applies to out of state
      residents. There have been a couple of out of state cases.

      Collecting on the judgement is a different question.

    11. Re:damned america by xmedar · · Score: 1

      Now if you'll excuse me, I have to go sell guns to school children.

      You obviously don't have an MBA, selling formulaic movies, throwaway pop-bands and psychoactive drugs to children is much more profitable, if you really feel like being in the arms business I suggest you sell weapons to whoever is the favourate CIA client at the moment, sadly you missed out on supplying Bin Laden, Saddam Hussien, and many other US backed psychopaths, but Israel is still good for lots of American dollars, see your local DoD / new-improved-cointelpro brigade for more information or drop into The School of The Americas which trains generations of Latin American murderous military and police officers

      --
      Any sufficiently advanced man is indistinguishable from God
  2. I can't see this ever working in the US by delphin42 · · Score: 1, Insightful

    As much as I hate spam, I can't help but think that this would have to be percieved as an unconstitutional restriction on speech. I don't think that requiring an opt-in policy in all cases would fly here.

    --
    -- Adam
    1. Re:I can't see this ever working in the US by PhxBlue · · Score: 3, Insightful

      How is keeping mail that I didn't ask for, don't want, and have to pay for out of my inbox an "unconstitutional restriction on speech"? If they want to put their shit in my mailbox, they can at least have the good graces to pay the (e-)postage themselves.

      The right of someone else to spend my money without my permission is exactly nil.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:I can't see this ever working in the US by seizer · · Score: 3, Insightful

      As has been said many times before, but which is obviously worth repeating here:

      It is NOT a restriction on speech, because unsolicitied commercial email places a financial burdern upon the recipient, where the recipient has NOT consented to undertake that burden.

      That is, they often have to directly pay to receive what they never requested. It is somewhat akin to having someone send you a magazine in the mail, and then bill you for it.

    3. Re:I can't see this ever working in the US by Kombat · · Score: 3, Interesting
      The right of someone else to spend my money without my permission is exactly nil.

      Two things.

      1. Unless you're paying for your dialup "by-the-byte" (does anyone still operate that way anymore?), they're not spending your money. You've already spent it. Internet is flat-fee in the vast majority of areas.

      2. Even your strong statement is not without precendent. See cell phones. If you're out of town, and I call you, YOU pay a long distance charge, just for answering your phone. Isn't this exactly analogous to checking your email? So yes, people can spend your money - it's not unheard of.

      --
      Like woodworking? Build your own picture frames.
    4. Re:I can't see this ever working in the US by neuroticia · · Score: 1

      Hm. But isn't sending unsolicited commercial advertisements to cellphones, or calling cellphones as a telemarketer illegal, since the reciepient has to pay for the call/spam? I'm not sure, but I thought it was.

      -Sara

    5. Re:I can't see this ever working in the US by SIGFPE · · Score: 2

      they're not spending your money

      Of course they are. Spam=bandwidth. Wasted bandwidth means either more equipment is required to carry the same amount of useful data OR you suffer from reduced bandwidth. Either way you end up with reduced bang for your buck.
      --
      -- SIGFPE
    6. Re:I can't see this ever working in the US by blamanj · · Score: 2

      cell phones. If you're out of town, and I call you, YOU pay a long distance charge, just for answering your phone.

      That's not entirely true. The cell phone will show the caller's number. If it looks like long distance or someone unknown, the receiver can let it drop into voice mail, which can be accessed for free.

    7. Re:I can't see this ever working in the US by Ngwenya · · Score: 1

      I see your point - but bandwidth still isn't free. You still have to pay connection charges as well as ISP charges.

      And those charges are (at least in part) set by the overall level of data transferred. Now, individually, it's true - you've already paid for it. But collectively, the more useless traffic on the networks, the more that we'll be required to pay individually.

      --Ng

    8. Re:I can't see this ever working in the US by delphi125 · · Score: 3, Informative
      Unless you're paying for your dialup "by-the-byte"

      Two things.

      1. Unless they've invented infinite bandwidth dialup, every kilobyte takes about a fifth of a second (assuming a good modem).

      2. Phone companies in Europe (and elsewhere, excluding USA) charge by the second for local calls. It gets quoted by the minute (e.g. 2 eurocents per minute) but nowadays is calculated by the second (in NL on ISDN at least).

      TANSTAAFL

    9. Re:I can't see this ever working in the US by og_sh0x · · Score: 1

      If putting up a publicly accessible server, offering user accounts to anyone who signs up, and even allowing people who have no account to post as Anonymous Coward, does not constitute Slashdot's consent to undertake the burden of allowing someone's post, then what does?

    10. Re:I can't see this ever working in the US by doorbot.com · · Score: 1

      It is somewhat akin to having someone send you a magazine in the mail, and then bill you for it.

      Actually, I think a better analogy would be Time Magazine calling you up after you order Time for your parents, and asking if you'd like to hear their offers for Time books. You say no, and they hang up. Then they send you the latest collection of Time books and automatically withdraw their payment from your checking account even as the books are being delivered. Not only that, but unless you run your own postal service, Time books pays the postman to leave the product at your house, or otherwise force you to take delivery.

    11. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      1. Unless you're paying for your dialup "by-the-byte" (does anyone still operate that way anymore?), they're not spending your money. You've already spent it. Internet is flat-fee in the vast majority of areas.

      And your ISP just swallows the cost of spam (increased bandwidth, storage and manpower) without passing it on to their customers? No, the flat-fee you pay your ISP pays for the spam it receives, as well as all the other business costs and perhaps some profit.

      Just because you're not paying by the byte at most US ISPs does not mean that you aren't paying. And a lot of Europeans are paying by the byte, so the cost of spam is much more clear there.

    12. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 2

      If putting up a publicly accessible server, offering user accounts to anyone who signs up, and even allowing people who have no account to post as Anonymous Coward, does not constitute Slashdot's consent to undertake the burden of allowing someone's post, then what does?

      Sendmail is a publically accessible service, and it allows people who have no account to post using any arbitrary psudonym they want. That also constitutes consent to undertake the burden of allowing someone's email.

    13. Re:I can't see this ever working in the US by GungaDan · · Score: 2
      "where slashdot has NOT consented to undertake that burden."

      Hm. How much do you pay for the premium "no post or reply button" /.?

      --
      Eloi are stupid, throw morlocks at them!
    14. Re:I can't see this ever working in the US by 1010011010 · · Score: 5, Insightful

      Face it, by putting up an email server, you are consenting to receive email.

      Yeah, and she dressed like a slut, too.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    15. Re:I can't see this ever working in the US by 1010011010 · · Score: 2

      Checking voicemail requires airtime, which is not free.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    16. Re:I can't see this ever working in the US by mixbsd · · Score: 2, Insightful

      See cell phones

      Not forgetting that with WAP handsets, you can collect your email on your mobile. For example, on my T68i, that involves downloading the headers and disconnecting, then reconnecting if you wish to collect the body of the message(s). By the time you've downloaded the headers, even if the subject line is obviously spam, you've still wasted airtime charges in collecting the spam mail header(s).

    17. Re:I can't see this ever working in the US by eggstasy · · Score: 1

      >No more than your post on slashdot places a >financial burden upon slashdot, where slashdot >has NOT consented to undertake that burden.
      So why did they explicitly set up a place for people to post stuff and why did they explicitly accept my account?
      As far as I'm concerned I am offering Slashdot a service by providing them content free of charge.
      They "pay me" by allowing me to read their other content free of charge.
      If Slashdot had no users there would be nothing here but polls with no votes and Jon Katz articles without replies. We -ARE- Slashdot.
      >Face it, by putting up an email server, you are >consenting to receive email.
      I have NOT put up an email server, and I am continually spammed.
      Does the fact that I have a house ever allow you to enter it?
      So why does the fact that I have an email account ever allow you to message me?
      I have never explicitly given my email adress to any corporation that did not explicitly state that they would NOT sell it to marketers. I have always opted out of everything and I get 10 spams a day.
      If some guy banged on my door 10 times a day after I repeatedly shouted "DO NOT BANG ON MY FUCKING DOOR!!" it would be considered harassment and I could call the cops on him.
      To tell you the truth I think it is my ISP (!!!) giving out my adress. I'm on my third email adress with this ISP, I've only had it for a few days and it's already out in the spammer's hands, even though I have never used it yet. I didnt give it to anyone, and I didnt even send a message with it.It isn't listed anywhere on the web either. It's gotta be this stupid ISP. Of course webmail companies usually do exactly the same to you so I can't really get an email adress elsewhere and I'm stuck with getting spammed.

    18. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Yeah, and she dressed like a slut, too.

      Yeah, and you violated me by responding to my post.

    19. Re:I can't see this ever working in the US by neuroticia · · Score: 2, Insightful

      Spam, while obnoxious (especially HTML emails) is not the biggest unsolicited waste of money/bandwidth, at least not that I'm experiencing.

      Byte for byte, the largest wastes of bandwidth I'm experiencing can be attributed to two categories: 1: Windows SysAdmins who refuse/don't know how to patch their systems against the likes of nimda and code red. They also waste space in /var with their own little morons_log which seems to update every second. 2: Klez. Average number of klez-bearing emails recieved per day across the network-15.(And it's a SMALL network.) Klez contains attachments of variable sizes. Average number of minutes spent per day reassuring panic-stricken family members/co-workers/non-techie friends: 5. Cost of antivirus software per Windows compuer on network: $50. Time spent downloading antivirus updates--too much.

      Spam can be blood-boilingly infuriating and push us to the point of wanting to ressurect public hangings, but I think that by and large the two categories I list are the biggest wastes of everything... And I'll be damned if I can find a way to opt out.

      -Sara

    20. Re:I can't see this ever working in the US by blamanj · · Score: 2

      Not for me, I can check voicemail from a land line.

    21. Re:I can't see this ever working in the US by moonbender · · Score: 1

      Ah BS. Slashdot (explicitly?) welcomes participation, Slashdot "opted-in" for user messages. There is a difference between a public web service like Slashdot and a private email account, and if you can't see that then you can't be helped.

      --
      Switch back to Slashdot's D1 system.
    22. Re:I can't see this ever working in the US by zbuffered · · Score: 2

      Did your computer download that post? You can set it to notify you, but no big deal turning that off.
      SPAM is messages sent TO you, whereas you go to slashdot to read messages. Therein lies the difference.

      --
      Synergy is your friend
    23. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 0, Redundant

      So why did they explicitly set up a place for people to post stuff and why did they explicitly accept my account?

      Same reason that you put up an email server.

      I have NOT put up an email server, and I am continually spammed.

      You authorized someone else to put up one for you.

      Does the fact that I have a house ever allow you to enter it?

      Does the fact that slashdot put up a server allow you to post on it?

      So why does the fact that I have an email account ever allow you to message me?

      Because that's the whole purpose of setting up an email account.

      If some guy banged on my door 10 times a day after I repeatedly shouted "DO NOT BANG ON MY FUCKING DOOR!!" it would be considered harassment and I could call the cops on him.

      If someone sends you emails 10 times a day after you repeatedly ask them to stop it is harassment. This law says they can't even knock on your door the first time.

      To tell you the truth I think it is my ISP (!!!) giving out my adress.

      Then it's most certainly within the spammer's rights to send you the email.

      Of course webmail companies usually do exactly the same to you so I can't really get an email adress elsewhere and I'm stuck with getting spammed.

      I'll give you an account @inbox.org for a $5 deposit. I'll give you your $5 back whenever you cancel, and you can switch email addresses whenever you want (but I need up to a few days notice). You agree that if you ever send spam I can cancel your account and keep the $5.

    24. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      What exactly is a private email account? Where can I get one? All the email accounts I've seen allow just about anyone to send to them.

    25. Re:I can't see this ever working in the US by bryan1945 · · Score: 1

      Except for the fact that you and everyone who is reading this voluntarily came to this site and clicked on this article to read it.

      And /. has consented by 1) allowing, even encouraging, people to post replies; and 2) visitor's now see ads, or pay to not see them.

      And I don't recall that creating an email account somehow made me liable for all unsolicitated email that I receive.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    26. Re:I can't see this ever working in the US by zbuffered · · Score: 2

      buy your own domain, set up e-mail aliases. www.namezero.com
      I like these guys.

      --
      Synergy is your friend
    27. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1, Troll

      Did your computer download that post?

      Did you download your spam?

      SPAM is messages sent TO you, whereas you go to slashdot to read messages.

      All my spam is downloaded. None of it is sent to my computer directly. If you happen to own your own mail server, then you are accepting mail just as slashdot accepts posts.

      If you want to get people to agree to a contract before sending you mail, fine. If you tell someone who is bothering you to stop sending you mail, fine. But the government does not have the power to decide for all of us which emails are acceptable and which are not, based on content. That is prior restraint of free speech.

    28. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      Wow, do you not understand the idea of privacy or what? Maybe you should go read a few more /. articles...

      Anyways, I'm gonna look up your phone number and call you at all hours of the night. Since anybody can make a call to your phone and your phone number can be found in the yellow pages, it must be legal, no? And if you don't like the midnight calls you can just not pick up the phone (or take it off the ringer), since nobody is making you use the phone.

    29. Re:I can't see this ever working in the US by moonbender · · Score: 1

      Bend words as much as you want, as I said, if you don't see a difference between both things you can't be helped.

      --
      Switch back to Slashdot's D1 system.
    30. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Except for the fact that you and everyone who is reading this voluntarily came to this site and clicked on this article to read it.

      And everyone who reads mail clicks on the "Receive Mail" button.

      And /. has consented by 1) allowing, even encouraging, people to post replies; and 2) visitor's [sic] now see ads, or pay to not see them.

      And your ISP has consented by allowing and even encouraging people to send email to their servers.

      And I don't recall that creating an email account somehow made me liable for all unsolicitated email that I receive.

      Liable? You're not liable for anything.

    31. Re:I can't see this ever working in the US by fmaxwell · · Score: 5, Insightful

      Face it, by putting up an email server, you are consenting to receive email.

      That's like saying:

      "Face it, by installing a telephone, you are consenting to receive obscene phone calls at 3:00AM."

      "Face it, by putting up a pool, you are consenting to let random strangers hop in and piss in it."

      "Face it, by storing your lawn mower outdoors, you are consenting to let your neighbors use it whenever they want to."

      I put up a mail server so that I could invite specific people and organizations to communicate with me. I did not put it up so that I could receive random ads from every yahoo in a trailer park that wants to rope me into his Herbalife scam.

      My server. My connection. My monthly bill. My decision.

    32. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      1. Plenty of other replies here have commented on Europe's phone charges for local calls. Also, if you're in the US, checking your e-mail on a cell phone or PDA is often charged by the byte.

      2. I waited to get a cell phone until I got one that has free long distance. Also, if you want to talk about cell phones, it's illegal for telemarketers to call you precisely because you pay for it (I think fax laws carried over to cell phones?). That's one of the reasons to get rid of your land line: telemarketers leave you alone.

    33. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      If you want to get people to agree to a contract before sending you mail, fine. If you tell someone who is bothering you to stop sending you mail, fine. But the government does not have the power to decide for all of us which emails are acceptable and which are not, based on content. That is prior restraint of free speech.

      Well, you're only half right. The government can ban all unsolicited email, and because that is not based on content it is okay (since unsolicited email can have any content). If the government tried to ban all pr0n spam, then it could be construed as prior restraint.

    34. Re:I can't see this ever working in the US by cicho · · Score: 1

      When your cellphone is ringing, you can see the number calling and simply not answer the call. You cannot do the same with email.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    35. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      Oh my god, are you trying to be a fucking brickwit in order to be contrary, or are you really that thick?

      Either way it's not amusing.

    36. Re:I can't see this ever working in the US by cicho · · Score: 1

      Sorry, this is bull. You could just as well say that by havkng your phone number listed you are consenting to receive collect calls.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    37. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 0

      "Face it, by installing a telephone, you are consenting to receive obscene phone calls at 3:00AM."

      Yep.

      "Face it, by putting up a pool, you are consenting to let random strangers hop in and piss in it."

      No. I don't really see the similarity at all actually.

      "Face it, by storing your lawn mower outdoors, you are consenting to let your neighbors use it whenever they want to."

      Again, I don't see the similarity. Storing your lawn mower outdoors is not the same as storing it in front of a sign which says "free lawn mower rental" (and having the government pass a law saying that companies must get permission before using free lawn mower rentals to mow the lawns of commercial properties).

    38. Re:I can't see this ever working in the US by cicho · · Score: 1
      Actually, I think a better analogy would be Time Magazine calling you up after you order Time

      Sorry, no. You're talking about a "prior business relationship" with TIME. Whether that gives them the right to solicit more business is a separate issue. But the millions of people who receive spam daily have absoutely no prior business relationship with the spammers. I know I don't.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    39. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0
      No more than your post on slashdot places a financial burden upon slashdot, where slashdot has NOT consented to undertake that burden.

      In what way has slashdot not consented to anyone posting? You realize that slashdot doesn't have to explicitly consent to the submittal of each post, right? Slashdot absolutely has consented to being a public forum.

      In other words, you aren't really that stupid, are you?
    40. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      The government can ban all unsolicited email, and because that is not based on content it is okay (since unsolicited email can have any content).

      Then it wouldn't be a violation of the first ammendment, since it doesn't regulate speech, it regulates actions. But all laws I have seen only ban unsolicited commercial email.

    41. Re:I can't see this ever working in the US by jazman_777 · · Score: 1
      Spam, while obnoxious (especially HTML emails) is not the biggest unsolicited waste of money/bandwidth, at least not that I'm experiencing.

      While not necessarily obnoxious (unless an unwitting target), /. is the biggest waste of bandwidth. How many sites have been /.-ed? How many inboxes have been /.-ed? /. is a community-based DOS tool.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    42. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      You could just as well say that by havkng your phone number listed you are consenting to receive collect calls.

      You are, aren't you? Are you suggesting that it should be illegal to make collect calls?

    43. Re:I can't see this ever working in the US by ryepup · · Score: 1

      but did you request the post? Did your computer send a request to /. saying "Hey, I want that post"?

      Therein lies the "unsolicited" part the seperates reading comments and spam.

    44. Re:I can't see this ever working in the US by karmawarrior · · Score: 2

      It's illegal to make unsolicited commercial calls to cellphones in the US (one of the few countries that has the receiver-pays regime)

      So, yeah, there is a precedent here - it's against the cellphone equivalent of "spam", even in the country with the First Ammendment.

      --
      KMSMA (WWBD?)
    45. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0


      You authorized someone else to put up one for you.


      Like I authorized somebody to build my house for me.


      Because that's the whole purpose of setting up an email account.


      Wrong. I did not have my house built so that I could have anaoymous people come onto my property an harass me with commercial advertisements.

      I did not set up an email account for that reason either.


      If someone sends you emails 10 times a day after you repeatedly ask them to stop it is harassment. This law says they can't even knock on your door the first time.


      Spammers do send 10 emails a day. And you have no way of stopping them. They are anonymous. They change their identity in order to PREVENT you from blocking their drivel.


      Then it's most certainly within the spammer's rights to send you the email.


      Which is why a law against it is needed. If they were doing this door-to-door, there would already be a law against it.

      Scythe

    46. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      but did you request the post? Did your computer send a request to /. saying "Hey, I want that post"?

      Don't you send a request to your POP/IMAP server saying "Hey, I want that email"?

    47. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      What exactly is a "private" house? Where can I get one? All of the houses I know are accessable.

      (FYI, this is the POINT of having laws. Houses are not inherintly private - save for ownership laws. You OWN your email account. So a law similar to tresspassing should apply to this property as well.)

      Scythe

    48. Re:I can't see this ever working in the US by Spoobie · · Score: 2, Insightful
      All my spam is downloaded. None of it is sent to my computer directly. If you happen to own your own mail server, then you are accepting mail just as slashdot accepts posts.

      Not true. Slashdot openly invites posts from anyone and everyone. They advertize themselves as a public venue. An email server which only services its own subscribers, whether it is connected to the Internet or not, is still private. Simply being connected to the Internet does not make a system fair game for any and all activity.

      But the government does not have the power to decide for all of us which emails are acceptable and which are not, based on content. That is prior restraint of free speech.

      No, it isn't. The government is not deciding which emails are accptable and which are not. You can still opt-in to receive the emails. What the government is (would be) saying is that the sender of a certain type of message has to have the recipient's permission before sending that message. Here's an analogy: I tell my best friend he is welcome to come over any time and have a beer at my place. I have given him permission to enter and have accepted financial responsibility for any beer he might drink. But if a solicitor comes over, he has to obtain my permission to enter my house, otherwise he's tresspassing or burglarizing (which one depends on local laws). If the solicitor then proceeds to drink one of my beers, that's theft. The government hasn't prohibited the solicitor from attempting to sell his wares or from drinking beer, it has simply required him to obtain permission from the parties he may adversely affect.

      Another analogy: I have CallNotes from the phone company, so when I'm not home and someone leaves me a message they're using the telco's eqiupment on which to store the message. It's a service I pay for, just as my email account is a service for which I pay my ISP. The message doesn't go directly to an answering machine in my house. However, the fact that I don't own or directly control the equipment on which the message is left does not circumvent the law(s) that say someone can not leave a message threatening my life. The caller is responsible for the message which is intended for me, whether or not the message is left on equipment I own.

      Simply put, requiring opt-in for spam is not prior restraint. Prohibiting all spam under all circumstances would be.

    49. Re:I can't see this ever working in the US by dbc001 · · Score: 0

      step away from the freakin computer man! go play some everquest, do something! just get a life!

      1 Re:I can't see this ever working in the US posted on Thursday May 30, @02:26PM (Score:1)
      attached to EU to Require Opt-In for Commercial Email
      2 Re:I can't see this ever working in the US posted on Thursday May 30, @02:22PM (Score:2)
      attached to EU to Require Opt-In for Commercial Email
      3 Re:I can't see this ever working in the US posted on Thursday May 30, @02:14PM (Score:1)
      attached to EU to Require Opt-In for Commercial Email
      4 Re:I can't see this ever working in the US posted on Thursday May 30, @02:07PM (Score:1)
      attached to EU to Require Opt-In for Commercial Email
      5 Re:I can't see this ever working in the US posted on Thursday May 30, @01:58PM (Score:1)
      attached to EU to Require Opt-In for Commercial Email
      6 Re:I can only conclude posted on Thursday May 30, @01:52PM (Score:1)
      attached to EU to Require Opt-In for Commercial Email
      7 Re:I can't see this ever working in the US posted on Thursday May 30, @01:46PM (Score:1)
      attached to EU to Require Opt-In for Commercial Email
      8 Re:I can't see this ever working in the US posted on Thursday May 30, @01:43PM (Score:2 Replies: 3)
      attached to EU to Require Opt-In for Commercial Email
      9 Re:I can't see this ever working in the US posted on Thursday May 30, @01:38PM (Score:1 Replies: 4)
      attached to EU to Require Opt-In for Commercial Email
      10 Re:I can't see this ever working in the US posted on Thursday May 30, @01:34PM (Score:1 Replies: 1)
      attached to EU to Require Opt-In for Commercial Email
      11 Re:I can't see this ever working in the US posted on Thursday May 30, @01:26PM (Score:1 Replies: 1)
      attached to EU to Require Opt-In for Commercial Email
      12 Re:I can't see this ever working in the US posted on Thursday May 30, @01:24PM (Score:1 Replies: 1)
      attached to EU to Require Opt-In for Commercial Email
      13 Re:I can't see this ever working in the US posted on Thursday May 30, @01:14PM (Score:2 Replies: 1)
      attached to EU to Require Opt-In for Commercial Email
      14 Re:I can't see this ever working in the US posted on Thursday May 30, @01:07PM (Score:1 Replies: 4)
      attached to EU to Require Opt-In for Commercial Email
      15 Re:I can't see this ever working in the US posted on Thursday May 30, @01:00PM (Score:0 Replies: 8)
      attached to EU to Require Opt-In for Commercial Email

    50. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Simply being connected to the Internet does not make a system fair game for any and all activity.

      That's where you and I disagree.

      The government is not deciding which emails are accptable and which are not.

      They are deciding which emails require opt-in, and which do not.

      What the government is (would be) saying is that the sender of a certain type of message has to have the recipient's permission before sending that message.

      So what if the government said that the sender of government criticisms has to have the recipient's permission before sending that message? Would that be constitutional?

      Your first analogy I just don't buy, because it's talking about physical trespassing, which is inherently different.

      However, the fact that I don't own or directly control the equipment on which the message is left does not circumvent the law(s) that say someone can not leave a message threatening my life.

      The supreme court has interpreted an exception to the first ammendment for "fighting words". They haven't yet done so for spam.

      Simply put, requiring opt-in for spam is not prior restraint. Prohibiting all spam under all circumstances would be.

      Prohibiting unsolicited email would not be prior restraint. Prohibiting only certain content in unsolicited email is.

    51. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Yeah, this always happens when I make a post about spam.

    52. Re:I can't see this ever working in the US by cicho · · Score: 1

      If you couldn't refuse a collect call, you bet it would be illegal.

      --
      "Only the small secrets need to be protected. The big ones are kept secret by public incredulity." - Marshall McLuhan
    53. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      If you couldn't refuse a collect call, you bet it would be illegal.

      I guess in the case of phone calls we made the right decision - technology, not laws.

    54. Re:I can't see this ever working in the US by Sir+Tristam · · Score: 2
      Okay, then, we'll try to use only simple sentences in hopes that you will understand.

      I have an email account so that I can get messages that I am interested in. I am not interested in ads. I pay an ISP for this account. The ISP sets prices for his accounts high enough to cover his costs. Some of these costs include bandwidth, storage space for email, modems for people to connect, and phone lines for those modems. The more of any of these things that the ISP has to have, the more the ISP's costs.

      If the ISP does not gain any customers, but the bandwidth used goes up, he will have to raise the prices that I pay. If the ISP does not gain any customers, but the amount of storage space he needs goes up, he will have to raise the prices I pay. If the ISP does not gain any customers, but each customer has to stay connected longer to download their email, the ISP will have to pay for more lines and modems. Then, the prices I pay will have to go up.

      If every customer of my ISP starts receiving 100 pieces of spam each day, the ISPs costs will rise, and the price I pay will go up. If every postal customer starts receiving 100 pieces of junk mail every day, my price does not increase. Why? Because with email the recipient pays for the delivery, while with physical mail the sender pays for the delivery.

      The analogy above of somebody banging on the door ten times a day has one major flaw in it; there is no expense to the person who owns the door. Change the analogy to "If some guy picked a flower out of my flower bed 10 times a day..." Yes, the flower bed is outside and you can walk to it right from the street. You seem to think that this is an invitation for anybody who wants to to walk up and pick a flower. I (and the law everywhere) disagree. However, if you knock on the door and ask if you can pick a flower, I can then opt-in to your using my flower bed ("Sure, pick one any time.")

      In your flippant answers above, one of the questions was, "So why does the fact that I have an email account ever allow you to message me?" Technically, you answered the question asked and not the question intended. So here are a few of the intended questions for you to answer:

      1. Why does the fact that I have an email account ever on its own authorize you to email me?
      2. Why do you feel that your mere existance justifies your "providing" me a service (i.e. spam) at my expense, which I have not asked for and have no desire for?
      3. Do people have a right to privacy?
      4. Do you have a fax machine on an 800- number? Please provide that number.
      5. What do you perceive as the difference between "free speech" and "speech for free"? Is there any?
      (Personally, I think that the word "unfettered" needs to be hauled out and dusted off. It would make some of these conversations a lot easier.)

      Chris Beckenbach

    55. Re:I can't see this ever working in the US by ryepup · · Score: 1

      And the chain of request is broken at the email server, which accepts everything that is shoved into it's greedy maw, but the point is, the requesting process should extend all the way to where the email originates. See yourself as a client, and a spammer as a server. You should only get mail from a spammer after you've requested it. The details of POP/IMAP and all that are underlying details. The high level, abstract concept that is not being enforced is the basic "I want an email from you" request and the basic "Here is your email" response. These requests are made by giving someone your email address.

    56. Re:I can't see this ever working in the US by plague3106 · · Score: 1

      YOU pay a long distance charge, just for answering your phone.

      A) No, you are paying for airtime, not long distance.

      B) It is illegal to place telemarketing calls to cell phones, because it is costing you money.

    57. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 1, Insightful

      Then you find a better way that's non-regulatory.

      People want government to step in ALL THE TIME near completely instead of in stages or to encourage steps and stages to fix messed up so-called public good or societal issues. I'm damn sick of it. I don't want social security taking 15% of my income before taxes (self-employed). I want to invest that money myself at a rate above 2.2%. I don't want government in health care. I don't want government regulating what can be seen over the airwaves. I DO NOT WANT GOVERNMENT IN MY EMAIL.

      Yes, face it. If you plug in a phone, and hand out that number, you face getting obscene phone calls. If you don't want it, unplug the phone. Or plug in a damn secondary stage e.g. an extension which if they lack, it goes to voicemail. Does anyone? Hardly. They bitch and whine about telemarketers.

      Re a pool, there is something reasonable--you put up a stinkin fence with cameras. We have laws if they encrouch on your property, you get them for trespassing, disorderly conduct, etc.

      Re the lawn mower, duh. Get a lock and key.

      Put up a mail server? Use SSL authentication. Procmail/filter out. Use several addresses. Block multiple connections. Yes, when you put up a mail server, it's going to get connected to. The internet is not yours. It's PUBLIC. You ACCEPTED that when you had the choice to or not. You further had the choice whether to authenticate or use VPN. Did you? No. If it's truly for your friends and specific organizations, filter.

      But no, you want government to pass a damn law.

      It's silly to expect when you hand out party invitations in a public manner (and yes, it's public--network traffic is considered public) that there won't be a party crasher.

      It's silly to complain and cite a privacy violation hen you walk out in public naked an someone takes a freakin picture of your ugly nakedness.

      Reality check--by putting yourself with spam protection, you are equating yourself to the same level as people who use AOL and have shit for brains in the stupidity in which they pick an isp, hand out their address, etc. You are cows who needs the farmer to feed them. You want the government to stop this because you are too stupid, not careful enough, to handle this on your own. AND IT SHOULD NOT BE THE ROLE OF GOVERNMENT TO TAKE CARE OF YOUR DAY TO DAY ACTIVITIES UNLESS YOU WANT THEM TO CONTINUE THIS INVASIVE PROCESS IN THE FUTURE.

    58. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      I have an email account so that I can get messages that I am interested in. I am not interested in ads.

      It's not the government's responsibility to police that - it's yours.

      The analogy above of somebody banging on the door ten times a day has one major flaw in it; there is no expense to the person who owns the door.

      Fine. Then we won't use that analogy.

      Why does the fact that I have an email account ever on its own authorize you to email me?

      I dispute that I need authorization in the first place.

      Why do you feel that your mere existance justifies your "providing" me a service (i.e. spam) at my expense, which I have not asked for and have no desire for?

      You have implicitly requested to receive emails by setting up an email server. Further, I don't believe that I need any justification to send you email. Your server is free to reject that email. And you are free to not download it, or not read it, or delete it. I am in no way forcing anything upon you.

      Do people have a right to privacy?

      That's far too broad of a question for me to answer. People don't have a right to stop others from spreading true information about them without a contractual agreement, if that's what you're getting at.

      Do you have a fax machine on an 800- number? Please provide that number.

      No, I don't.

      What do you perceive as the difference between "free speech" and "speech for free"? Is there any?

      The phrase "speech for free" doesn't really have a set meaning in my mind. It sounds like something you just invented. "Free speech", in my mind, means that the content of one's communications should never be regulated. I don't believe in any exceptions, unless you want to count conspiracy to commit a crime, which I personally see as more of an act than speech. Also I guess contractual agreements, but the regulation is really on the breaking of the promise, not the making of it.

      If it travels over the internet, it's speech.

    59. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      These requests are made by giving someone your email address.

      So by posting your email address on slashdot you are requestion email from everyone who reads it?

    60. Re:I can't see this ever working in the US by ryepup · · Score: 1

      I knew you were going to say that...

      Well, thats where it gets tricky, I guess. What constitutes giving someone your email address? Does having your name, number, and address in the phone book mean you are willing to accept incoming transmissions by any of those means? Usually not. Unfortunately, there isn't any clear way to cut it off without everyone being hermits, if we're taking things to logical extremes, here. Back in real life, you'd have to make an argument about someone's intent when they post their email somewhere.

    61. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      The only problem with namezero is the constant junkmail they send you. Personally I'd rather pay $20 and not receive crap on a weekly bases.

    62. Re:I can't see this ever working in the US by sealawyer · · Score: 1

      1. Unless you're paying for your dialup "by-the-byte" (does anyone still operate that way
      anymore?), they're not spending your money. You've already spent it. Internet is flat-fee in the vast majority of areas."

      For broadband home users in the US, the days of unlimited downloads are probably numbered. Several cable modem providers have already announced plans to charge additional fees to heavy downloaders.

      When I used a dialup connection, I used to get monthly reminders that I'd exceeded X number of hours per month, although no action was taken.

      Not only that, but there are a number of email services that have limits on storage space, and are willing to allow you to pay for additional space.

      Why do I want any of my download or storage quota taken up by spam? I am or soon will be paying by the byte to receive this stuff.

    63. Re:I can't see this ever working in the US by Zathrus · · Score: 2

      Yes, and the Junk Fax law, which is constitutional and has been upheld in a court of law, bans all unsolicited advertisement faxes. Why? Because there is a direct cost to be paid for receiving these commercial faxes, and it is unfair for the recipient to suffer the burdon of that cost.

      If the content of the fax is not an advertisement then it's not illegal to send it unsolicited. Thus I cannot be prosectued if I accidentally fax you a 1000 page document on the sex life of llamas, unless I try to sell you some llamas within the document.

      If you don't think that emails have a cost associated with them, you are quite incorrect. On a specious level, there's the cost of bandwidth to the ISP, the drive storage of the data, processing time of same, and the time it takes me, the end user, to realize that only 3 out of 120 emails I got today weren't SPAM and to delete them. On the specific level, if you have email access on a cellphone, or have maximum bandwidth allocations on your ISP, you can cite some very specific costs associated with that SPAM.

      The precedent exists and it's not a bad one. The onslaught of email SPAM makes the old junk faxes look like a bad joke. MAPS and the like don't solve the problem - they mask it. The bandwidth is still being consumed and it's going up constantly.

    64. Re:I can't see this ever working in the US by 1010011010 · · Score: 2

      So, tell us all why you're such a zealous defender of spam...

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    65. Re:I can't see this ever working in the US by 1010011010 · · Score: 2

      You get free land-line service? Neat.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    66. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      Hmm... I'm having trouble discerning whether or not you're a Libertarian. Tough call.

    67. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Yes, and the Junk Fax law, which is constitutional and has been upheld in a court of law, bans all unsolicited advertisement faxes. Why? Because there is a direct cost to be paid for receiving these commercial faxes, and it is unfair for the recipient to suffer the burdon [sic] of that cost.

      It was determined that the public interest outweighed the first ammendment issues. In the case of the costs of spam - ranging from miniscule to nothing, I don't think the the public interest outweighs the first ammendment issues.

      On a specious level, there's the cost of bandwidth to the ISP, the drive storage of the data, processing time of same,

      Which are zero except at peak times, and miniscule during peak times.

      and the time it takes me, the end user, to realize that only 3 out of 120 emails I got today weren't SPAM and to delete them

      That's not a direct cost, and you're an idiot if you can't manage to filter your mail better.

      On the specific level, if you have email access on a cellphone, or have maximum bandwidth allocations on your ISP, you can cite some very specific costs associated with that SPAM.

      And if I shoot myself every time I read the word "the", I can sue you for murder, right?

      The precedent exists and it's not a bad one.

      I'm opposed to the junk fax law, though not nearly as much as I'm opposed to a spam law.

      The bottom line is that I don't want to waste my tax money subsidizing your email account.

    68. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      So, tell us all why you're such a zealous defender of spam...

      It's possible to believe in the principles of something, and to want to defend those principles, without actually having anything to gain from the result. A man can campaign for women's rights, can't he? The person to whom you are replying probably hates getting spam just as much as you do, but he is under the belief that adverts should be protected as free speech.

      For the record, I'm anti-spam, but I'm still in favour of well-constructed arguments, and yours doesn't seem to be one of those.

    69. Re:I can't see this ever working in the US by Sir+Tristam · · Score: 2
      I said (in part): "I have an email account so that I can get messages that I am interested in. I am not interested in ads." You replied: "It's not the government's responsibility to police that - it's yours."
      You seemed to be ignorant of the fact that spam causes increased monetary costs to the recipient of the spam. These are the first two sentences in a two paragraph illustration of this to you, which point you seemed to miss entirely. I suspect that this is intentional, and you raise the "Big Brother" spectre of government regulation to try to distract from your "misunderstanding". I'm sorry, these sentences don't have anything to do with regulations, they have to do with my reasons for having email. That is simply as it says, to get email messages that I am interested in, which does not include spam. Your reply is nothing but a flippant response which totally ignores everything you find yourself unable to deal with.
      I said (in part): "The analogy above of somebody banging on the door ten times a day has one major flaw in it; there is no expense to the person who owns the door." You replied: "Fine. Then we won't use that analogy."
      Apparently you don't want to use the more accurate flower bed analogy that was offered, either. I can understand; I wouldn't want to if I were arguing your position. Once again, your reply is nothing but a flippant response which totally ignores everything you find yourself unable to deal with.
      I asked: "Why does the fact that I have an email account ever on its own authorize you to email me?" You replied: "I dispute that I need authorization in the first place."
      The question was not, "Do you think that you need authorization," but "Why don't you think you need authorization." We already knew you didn't think you needed authorization. Once again, your reply is nothing but a flippant response which totally ignores everything you find yourself unable to deal with.

      But to help you along on this one, consider the following: I pay for a car. If you use it without my authorization, you are nothing but a thief. I pay for the flowers in my flower bed. If you take them without my authorization, you are nothing but a thief. I pay for my email account. If you use it without my authorization, why aren't you nothing but a thief?

      I asked: "Why do you feel that your mere existance justifies your "providing" me a service (i.e. spam) at my expense, which I have not asked for and have no desire for?" You replied: "You have implicitly requested to receive emails by setting up an email server. Further, I don't believe that I need any justification to send you email. Your server is free to reject that email. And you are free to not download it, or not read it, or delete it. I am in no way forcing anything upon you."
      Again, I didn't ask you what you felt; that was already known. I asked you to justify those opinions. Once again, your reply is nothing but a flippant response which totally ignores everything you find yourself unable to deal with. Have I implicitly given permission for flowers to be picked from my flower bed by having it in my front yard? Has a woman given implicit permission for you to make rude comments and advances at her, just by stepping out of her front door?

      Your "response" also fails to deal with the fact that spam causes an increase in costs to the ISP, which then get passed on to me. These cost increases occur even if I don't download it, read it, or just delete it. So your response is wrong; you are forcing something on me, namely increased costs. The question is simple: what right have you to cost me money?

      I asked: "Do people have a right to privacy?" You replied: "That's far too broad of a question for me to answer. People don't have a right to stop others from spreading true information about them without a contractual agreement, if that's what you're getting at."
      No, I'm getting at exactly what the question asks. Your first sentence might be one of only two direct, correct responses that you give in your whole post. The answer, although you don't want to face it, is, "Yes, but like all rights there are some boundaries on it, where it impinges on the rights and safety of others." The rest of your response, although presented as an absolute, is not. Even though you do like to dress up in garters and a boa and do the Time Warp again in your bedroom, you still have the right to stop me from peeking through your windows, taking pictures of you doing that, and linking to them off Slashdot. It's spreading true information; you're arguing that you don't have the right to stop me. I think you do, and that right's called privacy. Although you try to make this look like a trick question, the only trick to any of these so far is that you don't like the answers, and so try to avoid them. Oh, and that I can figure that out.
      I asked if you had a 800-number fax and if you'd post the number, you said you didn't. The second actual straight answer! Bookmark the post; those seem to be rare from you.

      I asked, "What do you perceive as the difference between "free speech" and "speech for free"? Is there any?" You replied (in part): "The phrase "speech for free" doesn't really have a set meaning in my mind. It sounds like something you just invented. "Free speech", in my mind, means that the content of one's communications should never be regulated. I don't believe in any exceptions, unless you want to count conspiracy to commit a crime, which I personally see as more of an act than speech."

      Okay, I apologize. With your definition of "free speech", two and a half direct responses. I never said that the phrase "speech for free" was an often-used expression. This question was an attempt to clear up the fact that the English phrase "free speech" is ambiguous. Does it mean unfettered speech (as you indicate you understand it), or does it mean speech at no cost to the speaker. As you want to ignore the costs that spam forces on the intended recipients, I can understand why you would want to try to ignore defining "speech for free". While spammers don't have speech for free they do have speech for a reduced cost, since the intended recipient bears a large fraction of the cost of the message.

      Your exception is interesting, though. If spam is outlawed, then consipracy to send spam falls under your exception. Does this mean that as soon as spam is outlawed, you would have no problems with communications (including SMTP) to send spam being illegal?

      You sig reads: "Oppose a law to criminalize spam - watch your karma go down by 20. Can you say "witch hunt"?"
      Let me enlighten you, it's not because your stated opposition to the law. It's because you repeatedly post positions essentially saying, "So what if you don't want to read spam, I want to send it." "So what if it increases your costs, I want to send it." "So what if you think you have the right not to be bothered with it, I think I have the right to bother you." You are constantly posting, "my rights, screw yours." Your karma's dropping because people are saying, "No, screw you." Of course, like everything else that's difficult for you to face, you ignore it.
      Post/reply/flame all you want; I'm done with you. If you haven't figured it out by now, you're a waste of any more electrons. As Louis Armstrong said, "There are some people that if they don't know, you can't tell 'em."

      Chris Beckenbach

    70. Re:I can't see this ever working in the US by fmaxwell · · Score: 2

      "Face it, by installing a telephone, you are consenting to receive obscene phone calls at 3:00AM."

      Yep.


      Nope. Obscene, harassing phone calls (unlike their e-mail equivalents), are illegal.

      "Face it, by putting up a pool, you are consenting to let random strangers hop in and piss in it."

      No. I don't really see the similarity at all actually.


      Then let me spell it out in simpler terms:

      My (hypothetical) pool is my private property. I pay for the equipment, the maintenance, and the recurring costs (chemicals, water, electricity, etc.) I have put it there for my use and the use of my invited guests.

      My mail server is my private property. I pay for the equipment, the maintenance, and the recurring costs (bandwidth, electricity, etc.) I have put it there for my use and the use of my invited guests.

      Storing your lawn mower outdoors is not the same as storing it in front of a sign which says "free lawn mower rental"

      I have not put up a public announcement stating that anyone who wishes may:

      a. Use my lawn mower for free.
      b. Jump in my pool.
      c. Send me advertisements via e-mail.

      Therefore, I don't want to find random people using my lawn mower, swimming in my pool, or sending me random ads in my e-mail. Pretty simple to grasp, eh?

      If you are going to argue that any e-mail server is a public facility, stop now. You are simply wrong and it has been proven over and over in court cases.

    71. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Spammers do send 10 emails a day. And you have no way of stopping them. They are anonymous. They change their identity in order to PREVENT you from blocking their drivel.

      So what's the point of the law if they are anonymous? You can't sue someone if you can't find out who they are.

    72. Re:I can't see this ever working in the US by fmaxwell · · Score: 2

      I am sick and tired I am of the Libertarian bull**** that people like you spew. If you want to live in a cabin in the woods, hating the government, and erecting booby-traps, cameras, and fences to keep people out, go for it. But don't give the rest of us a bunch of crap because we don't want to spend our lives erecting barriers to the rest of the world.

      Re a pool, there is something reasonable--you put up a stinkin fence with cameras. We have laws if they encrouch on your property, you get them for trespassing, disorderly conduct, etc.

      Re the lawn mower, duh. Get a lock and key.


      The question is not whether I can find some way to defend my property. The question is whether or not we make it illegal for people to use my property without my permission.

      It's silly to expect when you hand out party invitations in a public manner (and yes, it's public--network traffic is considered public) that there won't be a party crasher.

      You are simply wrong as you can see from that link. A mail server is private property.

      Use SSL authentication. Procmail/filter out. Use several addresses. Block multiple connections. Yes, when you put up a mail server, it's going to get connected to. The internet is not yours. It's PUBLIC. You ACCEPTED that when you had the choice to or not. You further had the choice whether to authenticate or use VPN. Did you? No.

      Quit trying to impress everyone with your knowledge about how to construct a mail server through which no one can send mail. I'm unimpressed. I've consulted with a company that sells an expensive spam blocking system and probably know more effectively blocking spam than you ever will.

      A mail server that cannot be accessed by normal people who e-mail through mass-market ISPs is as good as worthless.


      Yes, when you put up a mail server, it's going to get connected to. The internet is not yours. It's PUBLIC.

      The Internet is public but my mail server is PRIVATE! The road leading to your house is public, but that doesn't mean that I have a right to drive a car off of that public road and onto your private property.

      If it's truly for your friends and specific organizations, filter.

      If I put up a web page that says "e-mail me with comments about this web page", I don't have a list of who is going to e-mail me, but I have specifically limited the invitation to those who want to comment on the web page.

      As to my e-mail filtering, it's DAMNED good. For every spam that gets through, I probably block 50 or more.

      But I realize that the average person does not run their own mail server, does not know how to run one, nor should they have to learn how. I also know that mail filtering that works for me would never work for a wide audience at an ISP (I block all of Brazil, for instance).

    73. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Post/reply/flame all you want; I'm done with you.

      Shit, you should have mentioned that in the beginning. Here I had this nice lengthy reply, and now I have to throw it away.

    74. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      You can find out who they are, if you have court-appointed access to people's server logs. And the point is that it will be *feasable* to do so when a class-action lawsuit can be launched against a company to bankrupt it. You can likewise go after select customers of the spam houses and bankrupt them, in the same manner.

      In short, you can make it very dangerous (legally/financially) for anyone to send spam.

      Scythe

    75. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Nope. Obscene, harassing phone calls (unlike their e-mail equivalents), are illegal.

      I still have my right to free speech, regardless of whether or not the government claims to have taken it away.

      My mail server is my private property.

      I never hopped into your mail server and pissed in it. I sent a request to your mail server to flip a few bits, and your mail server complied, as you set it up to do.

      I have not put up a public announcement stating that anyone who wishes may...[s]end me advertisements via e-mail. Therefore, I don't want to find random people...sending me random ads in my e-mail.

      I don't really think that one necessarily implies the other. But even if it does, I don't think it matters. By setting up a mail server to accept random ads, you're taking the risk that someone might send them to you. If you don't want to take that risk, don't set up the server.

    76. Re:I can't see this ever working in the US by fmaxwell · · Score: 2

      By setting up a mail server to accept random ads, you're taking the risk that someone might send them to you.

      I did not set it up to accept random ads. I set it up to accept e-mail sent to me.

      Using your logic, everyone who received letters with Anthrax should blame themselves because their mailboxes accepted the Anthrax-tainted letters.

    77. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      Using your logic, everyone who received letters with Anthrax should blame themselves because their mailboxes accepted the Anthrax-tainted letters.

      Using your logic attempted murder is the same thing as sending commercial email.

    78. Re:I can't see this ever working in the US by fmaxwell · · Score: 2

      Using your logic attempted murder is the same thing as sending commercial email.

      Using an analogy is not the same as saying that two things are of equal magnitude.

      That said, the analogy stands. Blaming the mailbox, whether physical or electronic, for the contents someone puts into it is absurd. The only real flaw in the analogy is that the Anthrax tainted letters were delivered at the sender's expense while the recipients bear the brunt of the cost of spam.

    79. Re:I can't see this ever working in the US by bryan1945 · · Score: 1

      I do not click on a "Receive Mail" button. The crap just floods my inbox. I click on my "email" button, but I don't recall giving my address out to anybody nor do I recall giving permission to anybody to send me an email, but somehow I still have email. (This is an account I set up but never used.)

      And you are still not catching on to the difference between a public site that thrives on interaction and a private company that uses the Internet to provide a service to their clients. If you really think that AOL or Earthlink (ISPs) are comparable to /. in their services and responsibilities, than I have no idea how I could possibly show you how this comparison is wrong.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    80. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      The phrase "speech for free" doesn't really have a set meaning in my mind. It sounds like something you just invented. "Free speech", in my mind, means that the content of one's communications should never be regulated. I don't believe in any exceptions, unless you want to count conspiracy to commit a crime, which I personally see as more of an act than speech. Also I guess contractual agreements, but the regulation is really on the breaking of the promise, not the making of it. They are not being restricted on the contend of their speech but to whom they may deliver it under what circumstances. Imagine a guy on a soap box in a park carrying out his crude political, religious or philosophical message. Now this same guy rings at your door, demanding to get let in and to call 1000 people from your phone, at your expense, to deliver his crude political, religious or pholosophical message to them. Would you allow this to him, because otherwise you would restrict his right of free speach or would you show him the door?

    81. Re:I can't see this ever working in the US by zbuffered · · Score: 2

      In the case of the costs of spam - ranging from miniscule to nothing

      The only number I've heard regarding the cost of spam was 6 billion dollars a year. I don't know if this includes infrastructure and bandwidth costs, or just the time taken to delete these e-mails, but there you go.

      --
      Synergy is your friend
    82. Re:I can't see this ever working in the US by Anonymous Coward · · Score: 0

      Nice job. You do agin just what he said you did. Run away, little anthony! Run away!

      Zeb

    83. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 2

      The only number I've heard regarding the cost of spam was 6 billion dollars a year.

      Most of which was probably the cost of enforcing terms of service agreements and fighting lawsuits. Criminalizing spam will only increase those costs, adding FBI agents, court costs, public defenders, and criminal prosecutors to the equation.

    84. Re:I can't see this ever working in the US by zbuffered · · Score: 1

      Pure speculation.

      The cost to prosecute spammers(1) is not going to exceed the savings in time spent deleting spam(2), the cost of the bandwidth used to transmit spam, or the equipment upgrades needed to handle spam(3), because since they can't stop it, they have to handle it.

      You're not very persuasive, btw. I like hard facts, not speculation.

      1) In civil court, btw, aka court costs paid by losing party, public defenders not involved, criminal prosecutors not involved.

      2) 2-3min/day for me, that's 18-24 hours a year YOU(4) cost ME

      3) Mail servers and the like

      4) Not you literally, although I'm starting to wonder...

      --
      Synergy is your friend
    85. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 1

      The cost to prosecute spammers(1) is not going to exceed the savings in time spent deleting spam(2), the cost of the bandwidth used to transmit spam, or the equipment upgrades needed to handle spam(3), because since they can't stop it, they have to handle it.

      I disagree.

      You're not very persuasive, btw. I like hard facts, not speculation.

      You haven't presented any either. I can tell you for myself (I run a mail server), that my costs are $0 dealing with spam, and would be much much more than $0 prosecuting it. And I get over 10,000 spams a day, and could prosecute if I wanted to.

      In fact, if you want to put your money where your mouth is, pay for my lawyer and court costs and I'll pay you back, if I win, plus 75% of the remainder.

    86. Re:I can't see this ever working in the US by zbuffered · · Score: 1

      I can tell you for myself (I run a mail server), that my costs are $0 dealing with spam, and would be much much more than $0 prosecuting it. And I get over 10,000 spams a day, and could prosecute if I wanted to.

      Facts, good. So that's where you're coming from. You run a mail server, and it can handle the UCE that you get. You get 10,000 spams a day. How do you know how much of that is spam? Do you have to delete them? How much time do you think that it takes your users to delete those 10,000 e-mails? What is the cost to them? Multiply that by the number of people with e-mail worldwide, and you've got a decent cost. Time is money. It may only cost me 18 hours a year, but multiplied by the number of people that get spam, that's a big number. If you were a republican, I'd say that that adds up to a decent loss of productivity in the US, hurts the GNP or whatever.

      The biggest problem for me is that it's only going to get worse. It's a control issue, really. I have an e-mail address. I pay $X/year for it. I want people to send me e-mail, but only if they reasonably believe that I would want it. Meanwhile, I get like 10 "make your dick bigger" spams a day, 2 or 3 "free legal advice" spams(it's an MLM scheme, the product is decent but there are no controls over the people trying to market it, and as a result it's reputation as a legit service is being hurt), lots of lose weight, clear credit, refinance, pr0n, blah blah blah. I don't want any of that crap, and yet there's no way to stop it. I'm not going to buy a list of a million e-mail addresses, but is there a way to stop getting e-mail about it? If MCI calls me and tries to get me to switch to their service, and I tell them not to call me anymore, they stop calling me. There are laws to insure that. Spam is not the same way.
      Furthermore, if you believe that there is no way to block spam without blocking legitimate e-mail, take telemarketing. Telemarketing laws seem to be working out okay for the states that have the no-call lists (such as mine). So what would be different about e-mail that would keep it from working? What do you have to lose if 10,000 e-mails a day didn't get to your server? Would your job be in jeapordy?
      Simply, this: why don't you support federal legislation whose goal would be to eliminate spam?

      --
      Synergy is your friend
    87. Re:I can't see this ever working in the US by anthony_dipierro · · Score: 2

      You get 10,000 spams a day. How do you know how much of that is spam?

      Some moron faked something@my.domain as the From: address for his/her spam. So I get all the bounces. I've shut off the account, but I still write a line to a log file (in case I ever get a lawyer willing to work on a contingency basis), and I log over 10,000 bounces a day.

      How much time do you think that it takes your users to delete those 10,000 e-mails?

      Spammers are no more responsible for the time it takes to delete e-mails than slashdot posters are responsible for the time people waste reading posts.

      It may only cost me 18 hours a year, but multiplied by the number of people that get spam, that's a big number.

      You're kidding yourself if you think any but the largest businesses will have this law enforced for them. Multiply the number of FBI agents you need to enforce the law and multiply that by the average FBI agent salary and you'll get an even bigger number. That's my argument based on practicality. Because email is essentially anonymous, enforcement costs will far outweigh the benefit.

      If MCI calls me and tries to get me to switch to their service, and I tell them not to call me anymore, they stop calling me. There are laws to insure that. Spam is not the same way.

      If you tell a spammer to stop contacting you and they don't, it's harassment, and there certainly are laws to protect against that.

      Furthermore, if you believe that there is no way to block spam without blocking legitimate e-mail, take telemarketing. Telemarketing laws seem to be working out okay for the states that have the no-call lists (such as mine). So what would be different about e-mail that would keep it from working?

      Email is essentially anonymous. With phone calls there is a centralized record of every single origin and destination.

      What do you have to lose if 10,000 e-mails a day didn't get to your server?

      Money that I pay in taxes to enforce the law and a little bit of the feeling that I live in a free country. That said while I don't support the law I secretly hope that it gets passed anyway. I think only after seeing what a colossal failure that law will be will people be moved to start really working on technical solutions to the problem of spam.

      Simply, this: why don't you support federal legislation whose goal would be to eliminate spam?

      1) Practicality: Because spam is an international problem and because email is essentially anonymous, spam laws will not work, and will cost myself and all taxpayers large sums of money.

      2) Morality: I don't believe that the federal government has the right to make laws applying to phenomena which occur solely on the internet. Rather I feel that internet legislation should be done through voluntary contracts.

      For instance, every time an ISP peers with another, it should force that ISP to sign a contract that it will take certain steps to stop spam. When I get spam, I should be able to send it (with headers) to my ISP, who will send it to the originating ISP and ensure that the issue is taken care of. Perhaps a fee could even be charged (actual costs, or maybe three times actual costs), which could be passed down the line to the originating sender. If an ISP can't collect the fine from the originating sender, then the ISP needs to eat that cost itself, and put better mechanisms into place to stop that from happening.

  3. In other words... by Jhon · · Score: 1

    The EU has decided to pass "opt-in" legislation which will be next to impossible to enforce. Lovely. Maybe they'll outlaw nose picking, nail biting and other bad habits.

    BUT, it's a nice thought.

    - jhon

    1. Re:In other words... by IIRCAFAIKIANAL · · Score: 2, Interesting

      It will be enough to go after the big offenders. It will result in the ability to launch class action lawsuits. And that is more than what we have in the US and Canada.

      Not that I am a lawyer, i'm just saying.

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
    2. Re:In other words... by Jhon · · Score: 1

      There's already anti-spam laws in the states -- (at least in SOME states). How many class action law suites have been filed? How much in penalties have been collected? How well has it reduced spam?

      Answer to all: Very little if any.

      Again, it's a nice thought, but I haven't seen a workable solution appear yet.

      -jhon

    3. Re:In other words... by IIRCAFAIKIANAL · · Score: 1

      That's probably more to do with the fact that many spammers don't spam "locally" and it is hard to pursue them.

      Overall, the real workable solution is a new method of email where a third party can validate identity (kind of like being able to screen calls with caller id). But then you lose anonymity. THat may be the price we have to pay. I imagine that email will one day be superceded by such a system.

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
    4. Re:In other words... by danro · · Score: 2

      I don't know about the rest of europe. But Sweden doesn't have class action lawsuits.

      --

      "First lesson," Jon said. "Stick them with the pointy end."
    5. Re:In other words... by Anonymous Coward · · Score: 0

      It will be possible to enforce. For European companies that is. Too bad 99.9% of my spam comes from greedy USian assholes.

    6. Re:In other words... by Alphix · · Score: 1

      FYI: The swedish law council (Lagrådet) is currently looking at it. Predictions by the law professors I've asked at Stockholm University is that we will get something like class action lawsuits in a few years.

  4. What sort of opt in. by Telastyn · · Score: 2

    I hope they require a proper click box for opt in, rather than imbedded in a clickthrough license agreement...

    Either way opt-in is the way to go wrt email from commercial interests, I hope my country (US) adopts such restrictions for its corperations.

  5. *OPT* in by EdMcMan · · Score: 1

    According to the spam I get daily, I "opt-in" to tens of spam every day. Unfortunately, I havn't. While it's a nice idea.. spam must be banned completely. No one wants spam.. it's just a fact legislators are going to have to accept.. opt-in spam is just spam.

    1. Re:*OPT* in by MImeKillEr · · Score: 1

      You and I are in the same boat.

      I've started taking the email addresses of the spammers and signing them up for "opt-in" email. Whether this is enough to keep them busy is anyone's guess.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    2. Re:*OPT* in by azadrozny · · Score: 1
      How do you define spam? I have intentionally and unintentionally had my name put on mailing lists. I would consider anything that I have requested, even if it has marketing material to be legit. The stuff we really need to get rid of is the junk, lose ten pounds today, make $10,000 tomorrow unsigned stuff. That is the stuff cloging mail servers all over the world.

      The opt-in approach is great if you have someone empowered to enforcement. Something tells me that the local police or district attorney has better things to do than to track down a junk mail sender that may or may not be in their jurisdiction.

      However if we could create some autonomus orginization like MIB or Section 31 that would have the power to hang spamers by their toe nails, that would be effective :)

    3. Re:*OPT* in by IIRCAFAIKIANAL · · Score: 1

      Any mailing list that includes products or services for sale is by your definition spam.

      But by my definition what you propose is censorship. As hard as it must be for you to believe, some people like to receive email about things they are interested in purchasing, especially hobbyists.

      Yes, the distinction of solicited vs unsolicited spam is hard to define and prove, but you just suggested throwing the baby out with the bathwater.

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
    4. Re:*OPT* in by jonasj · · Score: 2, Insightful
      I've started taking the email addresses of the spammers and signing them up for "opt-in" email. Whether this is enough to keep them busy is anyone's guess.
      Hopefully you don't just use the From-address? Spammers often pick their From-addresses randomly from their list of email addresses to spam. The innocent individual whose email address is used as From-address is harmed much more than the other spam recipients since lots of people will report them to their ISPs, send them angry mails, or... sign them up for opt-in email.

      Never complain about spam unless you can verify with 100% certainty that the address you are complaining about is the actual address of the spammer. Doing otherwise will just harm innocent spam victims.
      --
      You know, Microsoft's street address also says a lot about their mentality.
    5. Re:*OPT* in by EdMcMan · · Score: 1

      Lol! That is a great idea! I spamcop(.net) every spam that I get, but signing them up for their own "services" sounds like a neat idea.

    6. Re:*OPT* in by danro · · Score: 2

      Well, if it really is opt-in it's not spam. At work I, for example, have Sun mailing me "spam" on a regular basis.
      Most I throw away, but sometimes there is an interesting lecture with free beer afterwards or somthing like that...

      I mean, as a developer you actually want to know what certain companies are up to.
      So email marketing áctually has a few legitimate uses.

      --

      "First lesson," Jon said. "Stick them with the pointy end."
    7. Re:*OPT* in by Anonymous Coward · · Score: 0

      I use arin.net and run the IP address in the server and e-mail all the admins's listed.

    8. Re:*OPT* in by MImeKillEr · · Score: 1

      Nah, I look at the headers.

      For extra fun, I've started signing up abuse@ and postmaster@ as well. When the form asks for a name, I use their email address. That way, abuse@ and postmaster@ see that the name matches one of their users.

      Now everyone go and sign up every possible address for customoffers.com to get what they deserve! The bastards! :)

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    9. Re:*OPT* in by EdMcMan · · Score: 1
      I love emails about products and services, however, I don't like emails about: *WIN A FREE VACATION*, *ENLARGE YOUR PENIS*

      Real mailing lists that have useful information, such as Dell's newsletter, don't receive user bases from spam, and make it trivial to unsubscribe. There is a large difference from what you imply.

    10. Re:*OPT* in by EdMcMan · · Score: 1

      Sorry, I have been unclear. True opt-in services are fine. I just received an opt-in "spam" from slashdot a few minutes ago saying you posted a reply ;) My point is many spam services claim to be opt-in. Some of the footers they use are absolutely hilarious; claiming to be sent legally, citing a bill that was rejected by the Senate.

    11. Re:*OPT* in by IIRCAFAIKIANAL · · Score: 1

      You missed my point entirely. You said
      spam must be banned completely
      and
      opt-in spam is just spam
      and I responded to those comments, which are far too broad in scope.

      I know that a Dell mailing list is not spam, but if we passed a law based on solely what you say, then someone could easily sue Dell ("I don't want this info, so it's spam! I opted in, but opt-in spam is illegal so there!"), and thus Dell would not publish a mailing list.

      Of course, narrowing it down is difficult too. The problem is that you can't pass a law that says "A Dell opt-in mailings are OK, but free vacation opt-in mailings are not" - that's too specific. How would a law define if there is "useful information" in the email?

      As you say in another thread, you were unclear. Be careful what you say, because everyone will take it at face value. Not that it matters, this is Slashdot, who cares :)

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
    12. Re:*OPT* in by EdMcMan · · Score: 1

      I didn't miss your point, you just misunderstood mine. No one is going to willingly opt-in to spamlists. There are many legitimate opt-in services, however, they all require you to actually opt-in. Spam should be banned, as well as spam claiming to be opt-in. I agree, if you somehow purposely signed up for spam, then it's your fault, however, you should still be allowed to get off the list.

    13. Re:*OPT* in by IIRCAFAIKIANAL · · Score: 1

      Yes you did miss my point. How does anyone know that you didn't opt-in? Can you prove that you didn't? The key is that they "claim" that you opted in, and it is hard to prove you didn't with the current system.

      If we put the onus on the mailing list to prove that you did opt-in, then the legitimate ones would dissappear out of fear of lawsuits. Or we would have to register for the such lists by registered mail or provide tangible proof in some way. This would raise the bar of entry for the Internet for legitimate business and nobody would bother anymore. Think about it.

      What we really need is a method of registering commercial email with a third party. When you subscribe to a list on a website it would launch a connection with said third party where you would verify that you wish to receive the mail. Additionally, this third party would allow you to cancel at any time. This would be effective if coupled with a law that says you cannot send commercial email to someone without registering with this third party.

      Of course then you start running into privacy issues...

      As you can see, I have given this a lot of thought, and I simply don't think you have. You made a broad statement without considering the consequences and alternatives and that is my whole point and that is what you didn't understand.

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
  6. Any "official" language to opt-in? by Vuarnet · · Score: 2

    I would find it extremely annoying (if it were the case that I was living in Europe, which saddly enough it isn't), if I started to receive e-mail in several different languages all trying to opt me into some SPAM-list.

    Achtung! Die spammingmessagezunzuzkriben is nicht fer yer fingerpokin! Clicken-zie to unsubzkriven spamhaus und wilkommen billiards und billiards of weightenlozen, Paenisenlonginment und CowboyNealen mail.

    --
    Tongue-tied and twisted, just an earth-bound misfit, I
    Learning to fly, Pink Floyd.
    1. Re:Any "official" language to opt-in? by RonVNX · · Score: 1

      They can't e-mail you until you've already opted-in, get it? If they're e-mailing you prior to getting your permission, that's spam.

  7. Mobile phones might have something to do with this by PenguinRadio · · Score: 4, Interesting

    One reason the EU might be more advanced is because of the widespread use of mobile phones and the belief (one day) that a mobile device will be your main Internet connection. With per-minute or per-bit charges, getting spammed is going to end up costing people some serious coin if spam continues to grow out of control.

    I think this is a point a number of US politicians need to understand. With some of the charges proposed for 3G in the US ($2 a mb in some places) the end user could end up paying for a lot of crap e-mail.

  8. That's it... by natet · · Score: 0, Flamebait

    I'm moving to Europe, the real land of the Free! At least there they somewhat listen to the people.

    --
    IANAL... But I play one on /.
    1. Re:That's it... by Anonymous Coward · · Score: 0

      Put it in the pantry with your cupcakes.

    2. Re:That's it... by Anonymous Coward · · Score: 0

      > I'm moving to Europe, the real land of the Free! At least there they somewhat listen to the people.

      Don't forget this went through on the same day as the data retention directive which makes Carnivore et al. look like nothing.

  9. Too bad Canada doesn't care... by Kombat · · Score: 2, Troll
    I've tried chasing down spammers, even going so far as to contact Canada's Competition Bureau. The information I received back indicated that there are no laws in Canada prohibitating any kind of unsolicited commercial email. That means, they are not obligated to use a valid return email address, they're not obligated to inform you of how they got your email address, and they're not obligated to provide a valid phone number. This is in contrast to the relatively strict rules governing telemarketers.

    I wish our wishy-washy Liberal government had the guts to extend the telemarketing rules to spam emails. I say "good show" to the EU for setting a precedent.

    --
    Like woodworking? Build your own picture frames.
    1. Re:Too bad Canada doesn't care... by Anonymous Coward · · Score: 0

      Try adding all the liberal MP's to some spam lists.
      Actually they are probably all too computer
      illiterate to read email anyways. :-(

    2. Re:Too bad Canada doesn't care... by kill_9_1 · · Score: 2, Informative

      I wish our wishy-washy Liberal government had the guts to extend the telemarketing rules to spam emails. I say "good show" to the EU for setting a precedent.

      Ontario is drafting a proposal which would:
      - require express positive consent before any personal information could be used for any other purpose than completing the initial transaction
      - require express positive consent before any personal information was disclosed to a third party for marketing purposes
      - means you will have to contact all of your existing customers and get their express positive consent before sending them any further marketing material.
      - Extends the definition of personal information to include any information about an individual that can be manipulated and used to identify or contact an individual
      - etc

      Please note that not ALL corporations (in Canada, US or any other location) are interested in abusing the email system for quick-&-dirty profits. Many recognize the value of Doing The Right Thing(TM).

      --
      kill_9_1
    3. Re:Too bad Canada doesn't care... by why-is-it · · Score: 2

      Many recognize the value of Doing The Right Thing(TM).

      Absolutely! You need look no further than Phillip Morris for exemplary corporate behaviour. They don't send SPAM - all they want to do is get kids hooked on smoking at an early age so that they can derive maximum profit from the addiction before the customers die.

      Kind of warms your heart to see them Doing The Right Thing and not flooding our mailboxes with SPAM!

      --
      *** Where are we going? And what's with this handbasket?
    4. Re:Too bad Canada doesn't care... by MImeKillEr · · Score: 1

      All the more reason to "Blame Canada!"

      I, for one, still think we need to invade Canada. We need the land, and it's not like they have an army.

      While we're at it, nuke France. Any place that likes David Hasselhoff and Jerry Lewis doesn't deserve to exist.

      --
      Cruising the internet on my TI-99/4A @ a whopping 300 baud!
    5. Re:Too bad Canada doesn't care... by Anonymous Coward · · Score: 0

      No. It is Germany that likes Mr Hasselhoff.

    6. Re:Too bad Canada doesn't care... by legojenn · · Score: 1
      Well, I for one don't mind seeing the federal government take its time on this and do it right. If the Government does enact a law, and it doesn't conform to the Canadian Charter of Rights

      b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

      c) freedom of peaceful assembly; and

      d) freedom of association.



      While I agree that harassment is not protected speech, I am a bit concerned by what "other media of communication" could be interpreted to mean.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    7. Re:Too bad Canada doesn't care... by Anonymous Coward · · Score: 0

      While we're at it, nuke France. Any place that likes David Hasselhoff and Jerry Lewis doesn't deserve to exist.

      David Hasselhof is big in Germany, not France. Its not like Americans know anything about geography or world affairs - that would never catch on.

  10. Most of the junk mail I recieve is from the States by Anonymous Coward · · Score: 1

    ...and I live in the UK

  11. Can you still opt out? by GnomeKing · · Score: 2, Insightful

    I have seen several opt in schemes which have tricked users into opting in, or have been fraudulantly opted in, and its then a pain in the backside to opt out again...

    Is it gonna be mandatory that if someone wants to get away from something they opted in to that they can quickly and easily?

    1. Re:Can you still opt out? by brooks_talley · · Score: 2

      This is a very valid concern, but also very hard to legislate. What defines "quickly and easily"? If it's a web page, and a user goes to opt out, and there's a transient internet routing problem that prevents them from getting to the web page at that particular moment, does the company in question get busted when the user complains?

      I hate spam as much as anyone. However, I'm concerned about the burden of proof issue. Anyone who has operated a large opt-in list knows that some percentage of users don't remember opting in (a tiny percentage, but if you've got a list of 50,000 people and .1% of them don't rememeber opting in, you've got 50 angry people).

      Likewise, sometimes email addresses change, especially ISP based mail. joe@someisp.com may opt in for a list, then cancel his ISP account. A month later, there may be a different person using the joe@someisp.com account, depending on ISP policies. And that person is going to be getting truly unsolicited email.

      Of course, the idea is to ban egregious spammers, but I'm concerned about how laws / courts will deal with issues more subtle than "Joe Idiot bought a CD of a million email addresses and spammed them all." There has to be some protection, or some threshold of complaints, so that a tiny percentage of emails going wrong (either due to user or company error) doesn't result in huge legal issues... otherwise, we're talking about outlawing commercial email altogether, which I don't think anyone wants.

      Cheers
      -b

    2. Re:Can you still opt out? by jakew · · Score: 1

      There is undoubtedly a potential problem here. My solution is simple: for each given spammer+spammee combination, the spammee can ask the spammer to stop (possibly via an official agency). If spam continues, then the spammer is punished. Some might think it a little extreme, but I recommend the injection of a fairly large quantity of LSD before being savagely beaten up by volunteer spammees. Physical and psychological torture. Can't beat it.

    3. Re:Can you still opt out? by Isofarro · · Score: 1

      I hate spam as much as anyone. However, I'm concerned about the burden of proof issue. Anyone who has operated a large opt-in list knows that some percentage of users don't remember opting in

      A proper opt-in can only be done by asking for an email confirmation, so keep all your email confirmations, and there's the proof you need that they did indeed opt-in.

    4. Re:Can you still opt out? by brooks_talley · · Score: 1

      Really? What about web site confirmation (you mail a link, they click on it). Many people find that less confusing.

      Even if you disable that very nice feature, and require people to email you something (which non-technical people have real trouble with; they're not sure whether to leave the body of the message, change the subject to "subscribe", etc), where exactly do you keep them? And when someone still doesn't remember opting in, and you show them a text message that they sent, they'll just say "so you typed up a message that looks like it came from me, you foul spammer!"

      Cheers
      -b

    5. Re:Can you still opt out? by brooks_talley · · Score: 1

      Works for me, as long as there's some mechanism to confirm that the opt-out message made it all the way back. If your official agency has a software problem and drops a couple of thousand opt-outs, let's not have ethical, decent, opt-in types being beaten while tripping completely out of their minds.

      Come to think of it, maybe digital signatures are the answer. Sign a return message to opt-in, and if (even 10 years later) you later complain that you didn't opt-in and that some message is spam, *you* got injected with LSD and beaten up. How's that sound?

      Cheers
      -b

    6. Re:Can you still opt out? by Isofarro · · Score: 1

      what's wrong with "just reply"? Surely anyone using an email client can click Reply, then Send.

      Keep them somewhere where you can access them, since if you are worried about being branded a spammer, do something positive and record accurated when a person signed up and protect yourself.

      They can't deny sending you the email if you have the complete email headers. Its like spammers denying sending out email when the headers indicate that it originated from their servers (albeit confirmation emails don't require forged email headers).

    7. Re:Can you still opt out? by brooks_talley · · Score: 1

      Most people aren't able to parse full headers, and if someone is accusing you of spamming, they'll just assume you're lying. Even a technically savvy person could just think that you borrwed the headers from their original complaint and "made" an opt-in email from them.

      Even if it were technically possible to "prove" that they had sent that original opt-in email, a good portion of people simply won't believe it.

      Cheers
      -b

  12. Re:This has hidden yet chilling implications. by Anonymous Coward · · Score: 0

    Had me for a moment...very good.

  13. Part of a very bad Bill by Cally · · Score: 5, Informative

    the same chunk of legislation also contains some truly dreadful provisions regarding retention of ISP traffic and logs - seven years, I believe, and I'm not sure if they've yet backed down from the original hilarious requirement that ISPs maintain archives of *all data* they transit for the same seven years. See extensive coverage from the last year or so at The Register and the BBC plus of course numerous issues of Need To Know.
    What I don't understand is why "they" (gub'mint's everywhere) seem to think that the answer to the failures that lead to 9/11 is more of the same. Unless... but that would just be paranoia.

    --
    "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    1. Re:Part of a very bad Bill by JohanV · · Score: 2, Informative
      Please get your facts straight. The only part of that directive (not bill, directive) that allows retaining data is article 15.1

      Article 15
      Application of certain provisions of Directive 95/46/EC
      1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1) to (4), and Article 9 of this Directive when such restriction constitutes a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred to in Article 13(1) of Directive 95/46/EC.

      Nobody has to store anything from the EU. The only thing that the EU says is that countries have the right for themselves to decide what records should be maintained for how long. In fact, the changelog goes as far as to say:

      Article 15 - Application of certain provisions of Directive 95/46/EC
      Specifies where Member States may restrict provisions of the Directive to safeguard public security and conduct criminal investigations;
      Extends provisions of General data protection Directive on legal remedies and proceedings of working party to this Directive.
      (Unchanged except for inclusion of new Article 9 in scope of derogation for public security reasons, replacement of 'telecommunication services' by 'electronic communications services' and deletion of committee procedure as their only role in the context of this directive was the amendment of the Annex which has disappeared).

      Where Article 9 is about the information that can be obtained through e.g. cellphones about somebodies physical location.

      In a not so unified Europe this is the only sensible thing to do. Europe should have a united security policy before adopting any legislation that tries to centralize this, or it might have very unwelcome effects. For instance, because the BRD considers the PKK to be a terrorist organization suddenly everywhere in Europe all countries would have to tap all electonic communications of all suspected PKK members, even if the national security board has decided that that specific organization is not terrorist.
      Without me having a vote for the governing body of security services in other EU countries other EU countries should not have a vote in deciding the organizations that my country has to tap.

    2. Re:Part of a very bad Bill by jazman_777 · · Score: 1
      What I don't understand is why "they" (gub'mint's everywhere) seem to think that the answer to the failures that lead to 9/11 [bbc.co.uk] is more of the same [theregister.co.uk]. Unless... but that would just be paranoia.

      9/11 was a massive success for governments everywhere--more centralization of power, more docile subjects.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    3. Re:Part of a very bad Bill by Steve+Franklin · · Score: 1

      "9/11 was a massive success for governments everywhere--more centralization of power, more docile subjects."

      As was the sinking of the Maine by George W's hero, Theodore Roosevelt. These things run in cycles.

      --
      Hic iacet Arthurus, rex quondam rexque futurus.
  14. SPAMMERS MUST DIE by DarkGamer · · Score: 1

    I can only hope they adopt such measures in the united states. Even my quarrantined e-mail accounts get spam leaks and, like cockroaches, once you see one "Get hard, stay hard!" e-mail there's always more.

    I often wonder who these spammers are. What made then see thier souls? I mean no one likes junk e-mails. Did they open thier AOL accounts one day, see the 100+ messages telling them to buy useless shit, get all dowey-eyed, and then have the epipheny that that's their meaning in life?

    They have cut on the line to hell, right in front of the lawyers, meter maids, and IRS agents. With the click of a button they waste thousands of man hours and decrease the mood of far more people than they will ever meet.

    If karma exists, it would be legal to hunt them.

    1. Re:SPAMMERS MUST DIE by Anonymous Coward · · Score: 1, Insightful

      I often wonder who these spammers are. What made then see thier souls?

      They're mostly poor..err, rich college and highschool kids. What made them turn to spam? Where else can they make > $1,000-$2,000 a week sitting on their rump? Sure we hate spam too (we also see it everyday). But quite frankly we don't care about the pissed off people who whine about the 2 seconds it takes them to hit the delete button. There ARE people who buy the "make my penis 4324 inches longer" and "sexy teens are waiting for you" stuff.. and we make a living off of it instead of the $6.00/hr at the local McDonalds.

    2. Re:SPAMMERS MUST DIE by DarkGamer · · Score: 1

      So we have the bottom 1% of morality (spammers) feeding off of the bottom 1% of intelligence. If only there were some way to get these two groups together and leave us out of the loop =)

      Buying from spammers is almost as bad as spamming.

  15. Awesome! by moonbender · · Score: 1

    This is, indeed, great news. Sending spam in the EU is effectively illegal, and I assume this will help, at least a bit. At any rate, this is a step in the right direction and a signal that Spam won't be tolerated in the future.
    Of course, this won't immediatly get rid of a lot, if any, spam. Most of it already is sent from countries outside EU legislation, which won't be affected at all by this. I don't know whether EU companies can legally set up a server in Asia and spam people inside the EU from there, though - hopefully that's not allowed.
    Actually enforcing these laws is another very difficult thing. After all, copyright violation is illegal, too, and still very widespread on the internet. On the other hand, spam should be easier to get rid of than piracy, since piracy is a (more or less) underground movement with (more or less) secret organisation, while spam by its very definition is being sent out in the open. But still, spammers can hop servers just as easily.
    So, this won't acually change a whole lot, but as I said, it totally is a step in the right direction. Now if the EU would only rethink their DMCA ideas ...

    --
    Switch back to Slashdot's D1 system.
    1. Re:Awesome! by Max+Diablos · · Score: 1
      I don't know whether EU companies can legally set up a server in Asia and spam people inside the EU from there,...
      That would be a breach of "safe haven" law. Personal data can only be exported outside the EU if it doesn't pass directly or indirectly into a country that doesn't meet EU data protection standards.
    2. Re:Awesome! by Anonymous Coward · · Score: 0

      In the UK, it doesn't matter where your server is physically located. What matters is that the business is controlled by people living in the UK.

  16. It's gotta be done right by teslatug · · Score: 3, Insightful

    They should have to show in some way that you have opted in in the e-mail itself. Some sort of unique number that you gave them (or even an IP address, but this wouldn't be good enough). They would then have to have an e-mail AND some number to match up. There must also be a huge fine to back this up. This way, any business that sends an e-mail that says you opted in, can be automatically fined.

    1. Re:It's gotta be done right by IIRCAFAIKIANAL · · Score: 1

      That's a good idea and it let's anonymous email users stay anonymous.

      The only problem I see is EmailSpamID list selling would simply replace email list selling.

      --
      Robots are everywhere, and they eat old people's medicine for fuel.
    2. Re:It's gotta be done right by kaip · · Score: 1

      They should have to show in some way that you have opted in in the e-mail itself. Some sort of unique number that you gave them (or even an IP address, but this wouldn't be good enough). They would then have to have an e-mail AND some number to match up. There must also be a huge fine to back this up. This way, any business that sends an e-mail that says you opted in, can be automatically fined.

      As a general principle, the burden of proof of the existence of consent rests on the side that claims the existence of the consent. In other words, you cannot be required to prove that you have not given your consent. (E.g. if somebody claims that you owe him 100 euros, and you disagree, it is up to him to prove his claim.)

      This applies also to commercial email. If the advertiser can't prove that you have given her permission to send you commercial email, then she has broken the law that forbids sending unsolicited commercial email. Therefore, ID number that you suggest is not really necessary (although it would help the advertiser to prove the existence of consent).

      Btw, the opt-in legislation means in practice that the advertisers must use verified opt-in. If anybody can subscribe commercial emails using your email address then the advertiser obviously cannot prove that it was you (and not e.g. your friend) who gave them permission to send you email advertisements.

    3. Re:It's gotta be done right by jesser · · Score: 1

      I'd be more interested in finding out which site they got my e-mail address from rather than seeing my IP address. Something like "We got your address when you signed up for Slashdot. Click here to stop getting spam from us or click here to change your preferences regarding what Slashdot does with your address."

      --
      The shareholder is always right.
  17. Ah man... by eyepeepackets · · Score: 1

    ...now I gotta move to France. Shit.

    --
    Everything in the Universe sucks: It's the law!
    1. Re:Ah man... by Anonymous Coward · · Score: 0

      You'll have more fun in Amsterdam; Dutch chicks shave.

    2. Re:Ah man... by Anonymous Coward · · Score: 0

      Yeah, but only their faces.

  18. Hello, mother by Anonymous Coward · · Score: 0

    "" - it's Jap-tastic!

  19. All EU legislation is 'opt-in' by oliverthered · · Score: 1

    Here in the UK were piss poor at implemeting EU legislation, infact we normally opt-out.
    here are a few examples:-

    Bad opt/2 outs

    Human Rights (we don't really have any!!)

    Health and Saftey (working time directive, [covers breaks, holiday, maximum length of a continius shift, number of hours in a week])

    Free trade (good for bypassing high taxes in the UK)

    Good opt outs

    The Euro (well done for opting out i say)

    Bad opt ins

    Metrification (well we opted out for a while, now the evil metric system has been forced upon us)

    That farmers things that created the butter mountains &co.

    --
    thank God the internet isn't a human right.
  20. You're absolutely right by DaveWood · · Score: 2

    And even without 3G, we're already paying for the medium - it's just cheaper. It's a no-brainer that systematic unsolicited communications where the receiver pays for delivery should be illegal.

    I think the U.S. ultimately likes it because legislators are being told these kinds of communications are good for the economy because they stimulate business by creating new transactions. But of course, you could say the same for legalizing fraud. Both approaches have long term conseunces which are bad in the end.

    -David

    1. Re:You're absolutely right by stubear · · Score: 2

      Don't forget that First Amendment issues are raised when discussion about banning marketing mail (electronic or snail) is raised. In the US we are bound by the Constitution wheteher we like it or not and regardless of its consequences; it's a double-edged sword that needs to be handled very carefully. The spammers know this and are going to this argument as long as they can.

    2. Re:You're absolutely right by gewalker · · Score: 1

      My father was a very smart man (though not particularly computer literate). I remember getting him set up for email, etc. and explaining how things worked many years ago.

      He then asked the big question, "Who pays for the email?". I of course glibly explained that email was so cheap to send that no-one bothers to meter it.

      He then explained a little history to me. When mail (dead-tree kind) was first invented, the receiver had to pay the freight. This system was unstable and was quikly replaced with a system where the sender paid the freight. He made the observation that though the cost was low, it was inherently unstable, just like the original version. Price may be so low it takes a while to topple, but the system is broken.

      There is only one way to prevent spam, make the spammers pay for delivery. In this case, the freight cost is not the cost of men, horses, and trucks to carry the mail. The biggest cost is the time it takes to discard or filter the mail.

      1) Eliminate the free (or very low cost) ride that spammers get and spam will cease to exist.

      2) Policies to enforce step 1 are a mixture of technical and political. A) No more open relays, B) Black-listing, C) Similar steps for hotmail style email sources, D) public executions of spammers (OK, its just a pipe dream), etc. E)ISP's need enforced policies that cause spammers to get hit hard in the pocketbook -- ISP's that don't get blacklisted.

      Fine tune the algorithm until all spammers cease to exist. Just think, if a spammer had to pay $.25 per spam mail sent it would eliminate the problem. Those few that sent UBE would have to be well-funded, and would probably be well-targeted, or at least farily rare (about like junk snail mail). I would gladly hit delete knowing the spammer spent $.25 trying to get me to buy some useless junk. You can rest assured that the "opt-out" would actually work if them saves the sender a quarter for skipping future messages for stuff you would not buy.

      BTW, all of the quarters should go to the recievers of the junk mail.

    3. Re:You're absolutely right by jafac · · Score: 2

      As Enron has so resoundingly proven; it's actually BAD for the economy to foster an environment of fraud. If people don't TRUST, they don't take a chance with their money. It's in congress' interest to create strong laws and enforce them. Why they're not doing so is a complete mystery.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    4. Re:You're absolutely right by Krow10 · · Score: 1
      Don't forget that First Amendment issues are raised when discussion about banning marketing mail (electronic or snail) is raised. In the US we are bound by the Constitution wheteher we like it or not and regardless of its consequences; it's a double-edged sword that needs to be handled very carefully. The spammers know this and are going to this argument as long as they can.
      If every email they send costs me money, it is not a first amendment issue. I do not have to pay to provide them a forum. Money may be considered speech when it belongs to the speaker, but not when it belongs to the audience.

      -Craig
      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
  21. Not a solution by CathedralRulz · · Score: 2, Insightful
    I think the beneficents of this will be lawyers who target the deep pockets - ISPs - and try to hold them liable.

    Spam is nearly impossible to stop via laws - I think the market will and is solving this problem with more intelligent filters that will make it un-rewarding.

    1. Re:Not a solution by azadrozny · · Score: 2, Insightful

      That's just it. Spam will always be worth it, because you can send it to tens of thousands instantly and free. All you need is one nitwit to but the latest get-rich-quick scheme and the ad is paid for.

    2. Re:Not a solution by j-beda · · Score: 2
      Spam will always be worth it...

      Well, if you can impose some real costs on the sender, such as the threat of fines, then it becomes cost prohibitive.

      An example of the potential effectiveness of such legislation, one could point to the anti-SPAM-fax laws in the USA. Before them junk faxes were a real problem, and after them they were much reduced. Now this might not be long term, since I think there have been recent court cases that have invalidated parts of this lawas in some areas, but in general the approach has some merrit.

  22. Not all good news by ickle_matt · · Score: 2, Informative

    Unfortunately the same legislation also allows police forces to demand that ISPs retain logs of customer activity. The BBC has a more detailed story.

    1. Re:Not all good news by ceejayoz · · Score: 1

      That's really no more than extending wiretap / searches to cover the Internet. They can already do all those things (listen in on your phone calls, etc), makes sense that they'd add the Internet.

      They've been able to do that in the US for years...

    2. Re:Not all good news by JohanV · · Score: 1
      No it doesn't. Read article 15 if you like.

      National governments retain the right to decide for themselves what laws about retention of logfiles they want to have. That is all it says.

  23. bad news for the economy by tps12 · · Score: 1, Funny

    As a businessperson in an Internet-related field that necessitates the accumulation of valid email addresses and efficient mail dispatching, this frightens me.

    Europe and the US need to stop ganging up on legitimate businesses.

    Just my $0.2 cents.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:bad news for the economy by Anonymous Coward · · Score: 0

      You my friend must die! Take your stupid email marketing and go home!

    2. Re:bad news for the economy by Anonymous Coward · · Score: 0

      Die, spammer, die

    3. Re:bad news for the economy by Anonymous Coward · · Score: 0

      Just my $0.2 cents.

      just your _20_ cents!? wtf! oh you meant 2 cents.

      btw - proper notation is $0.02 or 2c or 2 cents. $0.02 cents is an invalid notation. You cant mix the "$" with the "cents"

    4. Re:bad news for the economy by Anonymous Coward · · Score: 0

      Can I have your e-mail address in order to send you some great discounts on Viagra and details on a deal where you can make 10 million USD from my friend, the oil minister of Namibia.

    5. Re:bad news for the economy by Bearpaw · · Score: 2
      Europe and the US need to stop ganging up on legitimate businesses.

      Yeah, that'd be nice. Not sure how it's relevant to the topic, though, as unsolicited email is an illegitimate business practice. As evidenced by the bastards who do it.

    6. Re:bad news for the economy by Anonymous Coward · · Score: 0

      you clearly do not know how to translate web urls.

      his url is www.columbia.edu/~tps12.

      The keys here are the columbia.edu and the ~tps12.

      His address is tps12@columbia.edu

    7. Re:bad news for the economy by Anonymous Coward · · Score: 0

      YHBT. YHL. HAND.

    8. Re:bad news for the economy by Bouncings · · Score: 2
      Just my $0.2 cents.
      Actually it's not your two cents. Email is postage-due mail, and therefor it's my two cents that paid for the bandwidth and my $1.50 that paid for the time it took for me to read it.

      BTW, spammers and organized crime are the only two business models that use the word "legitimate" to describe themselves. If you were a real business, you would be using words like "synergy" and "innovative." The fact that you needed to throw that word in there is very telling.

      --
      -- Ken Kinder ken@_nospam_kenkinder.com http://kenkinder.com/
    9. Re:bad news for the economy by ceejayoz · · Score: 1

      Admitting you're a spammer on slashdot... bad idea. Should have checked that "Post Anonymously" box, bub.

    10. Re:bad news for the economy by Anonymous Coward · · Score: 0

      Your just a f**king spammer. Simple as that. If you spam me, I'll see your ass in court and your bankbook in my back pocket

    11. Re:bad news for the economy by negacao · · Score: 0
      Are you some kind of moron??

      It was a fucking joke.

      Sheesh.

    12. Re:bad news for the economy by Anonymous Coward · · Score: 0
      Europe and the US need to stop ganging up on legitimate businesses.

      As long as we're attributing "need" to others, you "really, really need" to pull real hard and pop your head out of your asshole.

  24. once upon a time... by paradesign · · Score: 1
    i used to believe that things like this would work, but unfortunately it wont. it may at peak effectiveness put a dent in spam but it noticeably wil not do shit. there are thousands of ways that these companies will find to circumvent the law, and as long as it dosent hurt their bottom line, the will continue on.

    what we need are just better spam filters to tweak the signal to noise ratio of our inboxes. but unfortunately i firml believe that no matter what we do, spam will be here forever.

    btw its illegal to distribute marijuana but some how it still happens. the war on spam will be equally as unefective as the war on drugs.

    --
    I want 2D games back.
    1. Re:once upon a time... by mendepie · · Score: 1
      btw its illegal to distribute marijuana but some how it still happens. the war on spam will be equally as unefective as the war on drugs.
      Not true at all. It's obvious that people want drugs, otherwise they would not take the risks and spend the money to get them. Noone wants to get spam.
      --

      Are you paranoid if you know that they just want to know everything you say and do?

  25. Re:Most of the junk mail I recieve is from the Sta by Anonymous Coward · · Score: 0



    Do you really think so?

  26. International Spam of Mystery by Anonymous Coward · · Score: 0

    Due to the nature of the internet, a lot of the spam that is circulating does not even originate within europe. Isn't this measure effectively useless as they would have to prove the origin of the email first, if there was any attempt to take any action? This is difficult enough as most spam is spoofed and relayed like hell anyway. I suppose it's a good move, but I truly doubt it will discourage anyone.

  27. Re:Most of the junk mail I recieve is from the Sta by Anonymous Coward · · Score: 0

    Most of the junk mail I receive is from China ... and I live in the US.

  28. How will this be enforced by chrestomanci · · Score: 1

    Sounds great, how exactly will this be enforced?

    Suppose after the directive is passed I get a spam from china, promising great wealth and free pr0n, what do I do?

    Complain to my ISP? - "Sorry sir, we just forward the mail, we don't do filtering."

    Complain to the sender? - Like that ever worked.

    Complain to some sort of police force? - The most they can do is inform to the spammers' ISP, & get ther account terminated, which I can to myself without any fancy new law.

    If this is to work, there will need to be effective, quick, and hash penalties against ISPs that fail to block spam. Something similar to the usenet death penalty might work.

    Without enforcement, this kind of directive will have no more effect than when King Knute ordered the tide not to come it.

    1. Re:How will this be enforced by MaxwellStreet · · Score: 2

      Hmm...

      It seems to me that at some point, for a spam to be worthwhile, some money has to change hands.

      There will be a money trail.

      A pr0n site spams in a large way? Go after the site - shut it down.

      Penis pills are sold? Shut down the purveyor.

      While there are some potential issues with your competitors spamming on your behalf (to get you in trouble) - I think following the money trail would eventually cut down the tree at its root.

    2. Re:How will this be enforced by br0ck · · Score: 1
      there will need to be effective, quick, and hash penalties against ISPs that fail to block spam
      Why go after ISP's? I think the culprit to go after can be found in the body of the email. The email text almost always contains an ad trying to get you to buy something from a company and this is who is breaking the law. The gov't could revoke their business license or fine them. Also, a group of people could file a class-action lawsuit. This could cause problems if a company's competitor sends spam in their name, but this seems unlikely since they would also be sending business to the opposition.

      It seems to me that the US could just add the word "email" to the existing law, 47USC227, and be done with this problem.

      In case anyone hasn't heard of it by now, I've had good success reporting every spam to SpamCop.
    3. Re:How will this be enforced by Anonymous Coward · · Score: 0
      The email text almost always contains an ad trying to get you to buy something from a company and this is who is breaking the law.

      The standard response id they they farmed it out and had no idea how it was going to be distributed. The correct answer to that crap is, "Tough shit; read up on the meaning of due diligence."

  29. Opt in? Where do I sign up! by i64X · · Score: 1

    I can't believe this. What a godsend! You can opt in to receiving spam now! Who would have ever thought! I'm just wondering... where do I sign up? I mean imagine that... countless unsolicited emails flooding your inbox every day. What kind of world would this be if we DIDN'T have the ability to request that type targeted advertising with the click of a mouse button! It's a good thing to see that technology is progressing, so much so that we can take what tripe we already receive in our email boxes and multiply it by an unlimited factor with just a few key strokes and a mouse click!

    Seriously, who in their right mind would opt-in. That's insane. That's like buying a huge sticker for your car that says "Nice stereo inside - doors usually unlocked - no alarm!" Nobody in their right mind would sign up for this type of tortue. The only thing goodo about an opt-in service like this would be the ability to sign someone ELSE up for this type of tortue.

    1. Re:Opt in? Where do I sign up! by Bearpaw · · Score: 2

      I don't think the idea is that people would opt-in to receive email from anyone. I think the idea is to allow email from a specific business -- if any -- that one wants email from.

    2. Re:Opt in? Where do I sign up! by BearCubSF · · Score: 1

      There are situations where I would (and do) purposefully sign up to receive email from businesses. There are a number of businesses that I either have bought stuff from or that I have interest in. I can register on their site, and sign up to receive certain types of mailings from them. That might be technical alerts, general newsletters, or even news about new products as they come out. If at some time I no longer want their mailings, I can do so easily and quickly.

      A number of companies really do operate ethically in that manner, and I have done this with a number of companies. As a safety precaution, though, I use unique addresses for each one, in case the vendor is slime and sells my email address to somebody. So far, no business I've worked with has done that, but I only do this for companies in whom I have a fair amount of trust.

      Now, would I sign up for a general sales pitch mailing, as in "here are my interests, send me commercial email for anything in those fields"? Absolutely not, and I doubt that very many people would.

      I tend to divide commercial email into three general categories:

      1) Legitimate email that I asked to receive as part of having a relationship or interest with a particular entity. I do not consider this spam, or unwanted.

      2) Commercial email that comes from verifiable and traceable email shops, purporting to have your address because you registered on their site, or a partners site. This would be email shops like virtumundo.com, customoffers.com, euniverse.com, etc. If you really did sign up with them and said "ok" to sending email to you, it's not spam. But we all know that a very high percentage of the "opt-in" addresses they send to are obtained in some unethical way, such as tricking you into giving an email address without telling you they intend to spam you, buying a list from somebody else, or harvesting email addresses from web sites and other sources. Most people would agree that this is spam, in the sense that it is unsolicited, and usually unwanted.

      3) Slimeballs who send out all those "get rich quick", "herbal viagra", "human growth hormone", and of course the "see me and my friends naked" porn emails. These are most certainly spam, and for me at least, constitute the vast majority of the spam that I receive.

      Laws like this one, which require that addresses be opt-in, and that opt-out be simple and effective, will only work against the spammers in category 2 above. If the means of enforcing the laws have enough teeth, and somebody wants to go after such a spammer, they could get the companies to truly clean up their act. They'd either be legitimate mailers with a much smaller list, or go out of business. Either would be fine by me.

      However, the law will do virtually nothing against the spam in category 3 above. Tracking down the sender is usually hard, since most header information tends to be forged, and the emails tend to be sent through anonymizing open relays. Even if you can locate the true sender, they will most likely be in some other country (China, Korea, etc.), where you can't stop them.

      I welcome a law that will potentially have an effect on even the spam in category 2, but anybody who thinks it's gonna stop more than a smallish fraction of the annoyance in there mailbox is dreaming, or has access to better drugs than I do...

      --
      The ways of the underworld are perfect. They may not be questioned.
  30. ...the more important part, in my opinion. by ParticleGirl · · Score: 3, Informative

    Not only ISPs; all telecoms. All data. Seven years. The EU draftsman, Marco Capatto, is not happy with the data collection/retention clause, and has written a report on the proposal-- an interesting read. The problem is that this is a step away from the various governments independently deciding how to handle data collection and retention; the bill forces them to enact legislation that collects and retains in accordance with this bill. stop1984 has issued a press release on the subject.

    --
    Do something about world hunger. Click here
  31. In Europe? by quantaman · · Score: 2

    How in this enforced with respect to locations? Is this only applicable to domain names hosted in europe or if I claimed I was from Europe when I signed up for my hotmail account would I be protected by the Opt-in clause. If so how would they regulate this, do I have to be a resident of an European nation or do I merely need to route my e-mail through there? This decision is a great start but does anyone know if it will be truely effective and if so how can we on the other side of the pond benefit as well.

    --
    I stole this Sig
    1. Re:In Europe? by Diabolical · · Score: 2

      This law can only be enforced if the spammer is europe based.

      Sadly this is almost never the case but i could be encouraging to other countries to adopt similar laws. We would never be able to block every spammer on earth but it would undoubtly reduce the amount of spam we have to cope with.

      This is surely good news since my provider XS4ALL allready won a courtcase against a dutch spammer and recently introduced spam filters on everyones account (individually configurable by the subscriber).

    2. Re:In Europe? by jjo · · Score: 2

      I see this argument (offshore spammers are immune to anti-spam laws) in the US as well.

      The flaw in the argument is that while the spammer may be offshore, the commercial transaction it solicits is often domestic. (Does 'domestic' apply to intra-EU things? Is there another word to use?) So, even if you can't get the offshore spammer directly, you can quite possibly get the business it's trying to promote.

  32. Re:Most of the junk mail I recieve is from the Sta by Anonymous Coward · · Score: 0

    Most of the junk mail I receive is from Africa ... and I live in China.

  33. Re:Most of the junk mail I recieve is from the Sta by Anonymous Coward · · Score: 0

    Most of the junk mail I receive is from the UK ... and I live in Africa.

  34. How much regulation? This much. by Animats · · Score: 2
    There aren't really that many spammers. Look at how few different spams there are. If each country in the EU and each state in the US jailed one spammer a month, the problem would be gone in a year.

    Jailing white-collar criminals is incredibly effective in stopping specific types of activity. You put one CEO in jail, and it really gets the message across. When some GE executives went to jail for antitrust violations in the 1960s, it stopped antitrust problems for almost a decade.

  35. I totally agree , mod parent by Anonymous Coward · · Score: 0

    i have to agree with the parent, i have numerous accounts and i have never recieved spam in a foreign language or advertising a foriegn product, its always porn,penis,webcam,mlm,viagra

    its always an american outfit either advertising or doing the spamming.

    if it was illegal in the USA things might change especially if people where put in prison (jail)

    if i could block mail from a country USA is where i would start, unfortunatly a lot of UK firms use .coms so this would be impractical for me.

    land of the free ? bah, some c**t needs to pay my bandwidth bill and we will see how free USA is

    flame on

  36. New spam punishments are needed! by GuNgA-DiN · · Score: 1
    If you REALLY want to stop the flow of spam we need to change the punishment. Right now if you get caught spamming what happens to you? The first through the tenth time you get caught the ISP or the host simply cancels your account leaving you free to find another ISP. If you run your own servers and spam -- you get added to the blackhole and maybe get the FTC looking at you. Occasionally a spammer will get sued or goes to jail. But, really this isn't much of a punishment.

    But, what if we started offering public execution of spammers? Maybe something slow and painful like crucifiction, or being drawn-and-quartered? How many people do you think would spam if they ended up looking like this? Not too many. Let's stop being easy on these people and let them know how much we really hate them and the crime of spamming.

  37. Might look good on paper. by Helmholtz+Coil · · Score: 2, Interesting

    I just don't know how any kind of legislation could ever stop or even noticeably slow spam. And I wonder how tightly you'd have to word something like this so you didn't go after legit mailers. I run an ultra-low volume mailing list at work and I get semi-indignant messages all the time from people saying they never signed up, when in fact they've usually forgotten they signed up in the first place (we don't do any address gathering or harvesting).

    I always honour the unsubscription requests, even going as far as sending a note of apology, so I wonder how this would affect folks like me that try to be responsible. Having said all that, I'm still all for trying this out, on the off chance it actually works.

    And I guess the spam opt-out should be in Esperanto to make sure we can all read it. :P

  38. At last! Reason #2 for living in Europe by kfsone · · Score: 2, Funny

    Reason #1 is Belgian beer.

    Mmmm. Belgian Beer.

    I knew I lived here for a reason. See reason #1 for why I'd forgotten :)

    --
    -- A change is as good as a reboot.
  39. European parliament: less data security,fewer Spam by Anonymous Coward · · Score: 0

    After a turbulent debate on Wednesday of yesterday the European parliament accepted the compromise today in the late morning on the for a long time disputed guideline "over the processing of personal data and the protection of the privatsphaere in electronic communication" after second reading. Conservative ones and Social Democrats had obtained an agreement over until last contentious points, which the absolute majority of the parliamentarians agreed now despite numerous doubt carriers on all political sides with the advice represented by the Spanish presidency.

    Dissatisfied the correspondent of the responsible citizen legal committee, the left Italian Marco Cappato is particularly future with the decision for, externally stored data storage possible within the European Union. The member states may loosen existing protection regulations, which fix the deletion of connecting data, from now on legally to accomplish around "prosecutions or to protect national and public security". This should be permitted exactly the same as other monitoring measures only in the case of a "necessary, appropriate and relative measure within a democratic society" and in agreement with the European human right convention. But first the citizen right rushing shot for a clearly sharper formulation had expressed itself, according to which the wire-tapping should remain on e-communication generally a strict exception .

    Even if the guideline does not prescribe externally stored data storage, it would permit raids nevertheless as a check of the InterNet internet-Surfer like the request tomorrow in the German Upper House of Parliament for tuning at least. Cappato pointed therefore any responsibility for the voting result from itself and deplored "solid cuts into the civil liberty rights".

    Better maps have from Spam the Genervten with the new guideline. The parliament changed nothing more in the "common position" with the advice: May their (potenzielle) customers marketing-assigned in the future only their agreement by advertisement by E-Mail, fax or automatic telephone services begluecken. This strict Opt in system, which after long effort of the Providerlobby at all in Brussels as passable way was only judged, may be only loosened, if the enterprises rank the receivers of the advertising messages among their firm customer master. Also in the question of the Cookies the parliamentarians adapted to the European Union advice. The software cookies, with which information about the user behavior can be collected, are permitted. However the compromise requires that users before setting a Cookies can receive and thus also reject clear and detailed information about the use in advance. In addition the parliament inserted a clause, to that-according to the guideline after three years to be examined is.

  40. The spiders, the euro Romans! by Anonymous Coward · · Score: 0

    It does not concern to those nevertheless the SpamMails or few Cookies.
    The only purpose, why a softening of the data security taken place, is the monitoring of the citizen "of age". But those leave themselves break in always haarstraeubendere excuses. e.g. those internal security is endangered, those youth must protected against violent contents from the InterNet become, Seeking out child pornography and now this stupid excuse! What will come probably tomorrow?

    All lying and Heuchelei!

  41. Spam used to get me mad by ansible · · Score: 3, Insightful

    Spam used to get me really mad and/or annoyed. I thought about the scammers out there, I thought about my wasted time, I thought about wasted resources, etc.

    Recently, I've installed Spamassassin, and I've been running it for a few months.

    Nowdays, spam doesn't bother me too much. Spamassassin tags nearly all of it. Deleted without much trouble or effort on my part. I still report the ones that get through the filter. I haven't had much of a problem with false positives either.

    These days I'm thinking that passing more laws to stop spam isn't the answer. I'd rather we use technological solutions for now. If/when we finally all start using authenticated, encrypted e-mail, spam will cease to be a problem at all. In the mean time, a good filter aleviates the need for legislative solutions, in my opinion.

    1. Re:Spam used to get me mad by troels · · Score: 1

      Yes, what an excelent idea. 60M+ people should install anti-spam software instead of us trying to stop it.

      On a related news burglary was just made legal. Everyone should just secure their belongings, but soon everything will contain a tracking device so burglary will cease to be a problem.

      Don't just ease the symtoms, it won't make it go away. You have to go find the root of the problem, which in this case is the spam mails.

  42. fewer Spam by less data security by Anonymous Coward · · Score: 0

    All e-mails are read by the authorities
    and if it concerns Spam it's filtered.
    That would be beautiful, wouldn't it?

  43. Well, lawsuits... by Heraklit · · Score: 1

    OK, let's just say there is a standard fine for each spam mail sent... For EU companies, this makes sending spam fairly impossible. They will be tracked, and then a financial disaster awaits them.

    About Non-European spammers... well, I've got some doubts about making chinese companies pay. On the other hand, if they are just advertizing say EU products and doing the dirty work, the ones paying for the ads should be blamed as well.

    Finally, there are international law treaties at least with most "industrialized countries"... and if we are speaking of international companies, there is always a local EU branch that can be MADE to pay. (Sorry guys, that's how it works.)

  44. Let's wait for the implementations in law by Rogerborg · · Score: 2

    Here's my spooky prediction. We'll see "traffic congestion thinking": sure, everyone else should take the bus, but it can't hurt if I keep using my car, right?

    Likewise, every country in Europe will say "Sure, we don't want those bastard Germans, French and Brits [insert or delete as appropriate] spamming our citizens, but could it really hurt that much if we enact lax legislation so that our businesses can scam^H^H^H^H market themselves globally and reap nice fat tax generating revenues, right?"

    Remember, each member state can decide for itself exactly how to interpret this resolution, and how strongly to police and enforce it.

    --
    If you were blocking sigs, you wouldn't have to read this.
  45. Ok then explain this by Anonymous Coward · · Score: 0

    If my computer is "legally" someone else medium for free speech, then why do I not get e-mails trying to extoll the virtues of the KKK or maybe the newsletter for the US Communist party?

    Yet either group can pass out handbills in the street to passers by.

    My computer is not a method of deployment for someone else's free speech.

  46. SPAM regulations... prohibition... by WetCat · · Score: 1
    On my opinion SPAM is occuring as abuse of
    ability to send mail to multiple recipients.
    So here is an idea how to fight spam:
    1. We need to limit number of users in messages in To: Cc: and Bcc: for a reasonable amount (about 30)
    2. All messages that bear more addresses in To: Cc: and Bcc: should be junked on servers automatically.
    3. If you have a legitimate need to use mass mailing - you should use DIFFERENT system. Not mail system. Better to use news for that purpose, but current NNTP-based newsgroups are way to hard to maintain and adding new group is a nightmare for "regular user"
    I see that mailing lists that have only your "to" will go through this filter - but that proposed measures will junk a lot of spam already! The remaining should be a task for intellectual mail filters on a client side.
    1. Re:SPAM regulations... prohibition... by SAFH · · Score: 2

      ---
      On my opinion SPAM is occuring as abuse of
      ability to send mail to multiple recipients.
      So here is an idea how to fight spam:

      1. We need to limit number of users in messages in To: Cc: and Bcc: for a reasonable amount (about 30)
      ---

      As you say below, the solution 'should' be on the client side (ie: filtering when receiving). The client, doesn't care, that's the point. Joe Public doesn't want to manage filters, and crap like that, they would rather complain about it, yell at their ISP and then curse the senders.

      As far as client software (send & receive), if clients such as Eudora, Outlook, Mozilla, Pine, 'mail', etc. were to limit the numbers of mailings that could be sent (which it is doubtful they would) the spammer would just continue to use another software product. If software limitations were imposed (within sendmail, qmail, exchange, etc.) they (spammers and the below stated) would just go elsewhere.

      In that case, the only limitations would be on people that had a legitimate reason for sending mass eMails, ie: family when someone is in the hospital, soccer moms & coaches, people continuing hoax's... (ok, we can get rid of them)

      ---
      2. All messages that bear more addresses in To: Cc: and Bcc: should be junked on servers automatic ally.
      ---

      First, See above.

      Second, have you taken a look at your spam mail recently? Look at all of the headers, many (most) of the spam that comes through now-a-days has one address in it... yours, in the To: header. The amature spammers use massive Cc:/Bcc:/To:'s, but most of the effective spam will get past simple filters by putting your name in the To:.

      Third, a problem that you will run into is that this will not be adopted due to the chance that some soccer mom, jehovah's witness, or someone in a Senator's office will lobby against this and will start an anti-spam-blocking-league as soon as they get's criticised for not putting someone on a mass mailing list.

      ---
      3. If you have a legitimate need to use mass mailing - you should use DIFFERENT system. Not mail system. Better to use news for that purpose, but current NNTP-based newsgroups are way to hard to maintain and adding new group is a nightmare for "regular user"
      ---

      "They" (spammer scum of the earth) are one step ahead of you. In fact, they already use a very different system for spamming. In many situations, spammers use open relays, one-time-use accounts (AOL Free 1000 hours, hotmail.com, yahoo.com, etc.), and established spam domains. The use of these is actually fully automated at this point, and when they don't use those, they send it from their own domain with a "You opted in to this mailing" or "You are receiving this due to our business partners" etc, etc...

      ---
      I see that mailing lists that have only your "to" will go through this filter - but that proposed measures will junk a lot of spam already! The remaining should be a task for intellectual mail filters on a client side.
      ---

      Not surprisingly, spam filtering falls under three items of the title 'computer security', information security, network security, and system security. And just as a company should not have -only- a firewall, a company should not -only- have a single spam filtering method. The method should be multi-tier with checks for who the mailing is addressed to, which content checks, blackhole/open relay lists checked, verifying the validity of the mailing user, etc.

      Lastly, users need to take responsibility and be properly trained. Putting your eMail address on mailing lists, signing up for porn with a frequently used eMail address, and general stupidity help these scum harvest eMail addresses and users need to take action also [See Prevention].

      I know they have been listed before, but I haven't seen a comprehensive list of resources on here recently so here one is:

      Anti-Spam Manifestos and Organizations
      The IETF Anti Spam Recommendations - ftp://ftp.isi.edu/in-notes/bcp/bcp30.txt
      Fight Spam on the Internet! - http://spam.abuse.net/
      The Coalition Against Unsolicited Commercial Email - http://www.cauce.org/
      SpamCon Law Foundation Center - http://law.spamcon.org/
      SpamHaus - http://spamhaus.org/

      Blacklists -
      Blacklists Compared - http://www.sdsc.edu/~jeff/spam/Blacklists_Compared . tml
      Google List of Blacklists - http://directory.google.com/Top/Computers/Internet / buse/Spam/Blacklists/
      SpamCop Blocking List - http://spamcop.net/bl.shtml
      Open Relay Black List (ORBL) (Currently Appears Down)- http://www.orbl.org/
      Open Relay Database (ORDB) - http://www.ordb.org
      OpenRBL DNS Lookup - http://openrbl.org/
      Distributed Sender Boycott List - http://dsbl.org/
      OsiruSoft's Open Relay Spam Stopper - http://relays.osirusoft.com/
      MAPS (Mail Abuse Prevention System, RBL/RSS/DUL/NML) - http://mail-abuse.org/dul/
      Vipul's Razor - http://razor.sourceforge.net/ (a distributed, collaborative, spam detection and filtering network.)
      SpamAssassin - http://www.spamassassin.org
      SpamBouncer - http://www.spambouncer.org/
      Spam Cop - http://spamcop.net/
      Abuse.net - http://www.abuse.net/ & http://www.abuse.net/tools.html

      Tools -
      QMail - http://www.qmail.org
      QMail Anti-Spam Sectionhttp://www.qmail.org/top.html#spam
      ucspi-t cp - http://cr.yp.to/ucspi-tcp.html
      tcpserver - http://cr.yp.to/ucspi-tcp/tcpserver.html
      rblsmtpd - http://cr.yp.to/ucspi-tcp/rblsmtpd.html
      Procmail - http://www.procmail.org/
      RBL Check Script - http://rblcheck.sourceforge.net/
      Tagged Message Sender (TMS) - http://www.deepeddy.com/tms
      tcp_wrappers - ftp://ftp.porcupine.org/pub/security/index.html#so ftware

      Preventing (Slowing) -
      http://directory.google.com/Top/Computers/Intern et / buse/Spam/Preventing/
      Five Easy Ways to Spam Prevention - http://www4.zdnet.com/anchordesk/story/story_1180. html
      Sugarplum - (Generates fake eMail addresses for harvesters) http://www.devin.com/sugarplum/
      Sneakemail - (Disposable eMail addresses) http://sneakemail.com
      Emailias - (Disposable eMail addresses) http://www.emailalias.com

      Credit to: Chris Hardie of chris@[X]sault.com insert 'summer' at [X] and everyone that is
      an active member of the anti-spam groups around the world.

      --

      I cannot confirm nor deny the allegation or allegations you may or may not have just made

    2. Re:SPAM regulations... prohibition... by WetCat · · Score: 1

      No. my 1. 2. 3. were supposed to be on receiver's MTA, not receivers MUA, except user filters.
      So if MTA receives mail with more than 50 CC To Bcc - it'll junk it. MTA, not MUA!

  47. Even a stopped clock is right 2x/day by Interrobang · · Score: 2

    After doing so many wrong things they go and do occasional things like this. Argh!! It just means I can't hate them totally unreservedly.

    Sparing my 0.0000000000000001% respect for the Harris (Legacy) Tories since 2000.

  48. to get yourself a perspective on spam... by potcrackpot · · Score: 1

    look no further than here. Note - you may find some of the content to be of the flame-causing variety (self implosion because of either protaganist is not unlikely).

  49. Enforcement? by newerbob · · Score: 1
    How are you going to enforce this when the email comes from China and the sender claims the user opted in?

    Nearly every spam I get (and I get 10,000 a day, no kidding) says "You have received this because you have opted in" or words to that effect.

    Many of these emails were sent to "honeypot" email addresses embedded on a spamcatcher site. They couldn't possible have opted in.

    I do a word frequency analysis on incoming "honeypot" spam and generate a fingerprint that's compared to email to be delivered to my inbox. If the fingerprint matches, I discard the email. I never had a false positive that I know of (I do spot checks).

    To "Opt-In" really should mean that the user has signed up, and then responded to a confirmation email. Anything else isn't opting in because people often use false email addresses.

    --

    --
    Ask the Ya-Hoot Oracle Anything!
  50. How will this change anything? by heinzkeinz · · Score: 1

    I don't understand how any laws passed in Europe prevent one from spamming Europeans from another location.

    It's as though I decreed that the sun shall shine every day over my house. It's not really within my jurisdiction.

  51. Re:Most of the junk mail I recieve is from the Sta by Anonymous Coward · · Score: 0

    Most of the Africa I receive is from the US ... and I live in Canada.

  52. many people are still on Non-flat fee dialup in EU by aepervius · · Score: 1

    Which means they pay theier connection by the minute. And this means that they pay to see advertising or downloading spam.

    So your argument don't hold. And even in the case of flat fee, you are wasting my time by forcing me to read something I did not request. My freedom to choose not to receive your spam is at stake.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  53. Two *wrong* things by Anonymous+Brave+Guy · · Score: 3, Insightful
    Unless you're paying for your dialup "by-the-byte" (does anyone still operate that way anymore?), they're not spending your money. You've already spent it. Internet is flat-fee in the vast majority of areas.

    No, actually, it's not.

    1. Many places outside the US don't have flat rate access.
    2. Most flat-rate packages cost more than the equivalent metered account for low-bandwidth users.
    3. Many ISPs offering flat rate connections do actually cap your time on-line and/or bandwidth. Always on is something else, but most people don't have that.
    4. If you've been following the news, you'll notice that many flat rate and always-on providers are either changing their conditions just now, either capping transfer volumes or putting up prices. Gee, I wonder why that could be? Here's a clue: half of it's people downloading illegal music and movies, and the other half is spam mails going out to half a million unwilling recipients at a time.
    If you're out of town, and I call you, YOU pay a long distance charge, just for answering your phone.

    But I have the option not to answer, and thus not to pay.

    By the way, have you heard the latest ruse with cell phones? Some packages now let you subscribe to information services that charge you for using them, and apparently most mobiles are vulnerable to having someone dial you and then bill your account as if you'd subscribed to such a service, without any consent on your part at all. This is already happening, and is where unsolicited commercial messages are headed. Do you really, really think this is a good thing, and just like answering a long-distance call?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  54. What about good 'ol vigelantism? by interstellar_donkey · · Score: 2

    Not to fan any flames, and by no means take this to read as an endorsement, but would'nt it be grand if all those kids out there with tons of time and resources just decided to use there 'mad hacking' skills to take out some of these spammers?

    In a perfect world laws would be written, and enforced. But right now, they are not. As a general rule, I'm not a proponent of taking the law into your own hands, but I'd sure like to see some smack down on whoever hits the 'send' button on this crap I get in my e-mail box.

    --
    The Internet is generally stupid
    1. Re:What about good 'ol vigelantism? by seanellis · · Score: 1

      I'd sure like to see some smack down on whoever hits the 'send' button on this crap

      Most spam has been rerouted or spoofed to look like it came via some innocent third party. If you have a "smackdown" button on your e-mail client, then it will likely take out the third party, not the original spammer.

      And we have enough of a problem trying to get people to take spam seriously as a problem without shooting ourselves in the foot like this.

  55. Won't help by Anonymous Coward · · Score: 0

    _All_ the spam I get is from the US anyway...

  56. Re:Mobile phones might have something to do with t by el_nino · · Score: 2

    Except that in Europe you don't have to pay to receive either SMS messages or phone calls (unless your receiving it when roaming abroad, but that's pretty irrelevant), so that hasn't got anything to do with it.

  57. It won't help though by bero-rh · · Score: 3, Interesting

    Germany has had a similar law before, and it didn't do anything.

    I've reported spammers to the cops repeatedly, and usually got a letter 2 weeks later stating something along the lines of "yes, they violated the law, but we won't go after them for such a small offense because they're too busy with real crime (It's not like they're committing a major crime jike going 55 in a 50 zone, or crossing a traffic light 5 seconds after it turned red...)

    I don't think this piece of legislation will be any different.

    Legitimate businesses that may worry about their reputation never sent spam in the first place.

    --
    This message is provided under the terms outlined at http://www.bero.org/terms.html
    1. Re:It won't help though by troels · · Score: 2, Interesting

      Obviously germany have a problem then. But i hope other countries will take it more seriously.

      I unfortunately can't find any examples, but we have had this law in denmark for quite a while now and i remember reading about some people who were stopped.

      Of course we have different issues, like highly inconsistent laws. With email you need to opt-in, with regular mail you can opt-out (by placing a sticker on your mailbox) and on the phone only newspapers and one other type (forgot which) may advertise. A bit strange, but i guess it works.

  58. theft of service by spottedkangaroo · · Score: 1
    As much as I hate spam, I think it should be up to the RBLs and the SpamAssassins to take care of it. The opt-in thing isn't really realistic. I just don't see how it's enforceable. The source is barely traceable.

    Also, ya know those vile pre-recorded telemarketing calls ya get? Those are almost always a competitor trying to get someone in trouble. Now prove that you didn't send the spam? I dare ya...

    On the other hand, same as when you waste someone's fax paper/toner, what should be illegal is the theft of service that takes place.

    I don't think very many spammers actually send mail from their own ISP. They tend to use open relays and broken mail servers instead.

    That's the only thing that should be illegal.

    --
    Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
  59. Jeez... by Anonymous Coward · · Score: 0

    Some people around here actually didn't realise that was a joke, did they?

    Slashdotters of the world, we really need to get out more...

  60. Re:Mobile phones might have something to do with t by bero-rh · · Score: 2

    One reason the EU might be more advanced is because of the widespread use of mobile phones and the belief (one day) that a mobile device will be your main Internet connection. With per-minute or per-bit charges, getting spammed is going to end up costing people some serious coin if spam continues to grow out of control.

    In most European countries, you don't need a mobile connection to pay per minute. ;)

    At least in .de - unless you're fortunate enough to live in a place that has DSL (available only in and near bigger cities ATM), your only option is pay-per-minute dialup (the concept of free local calls is US specific).

    spam has always cost Europeans real money.

    --
    This message is provided under the terms outlined at http://www.bero.org/terms.html
  61. I don't want SPAM to be illegal. by dbc001 · · Score: 2, Insightful

    But I do want an easy way to inflict a large burden on those who send it to me repeatedly, especially if they continue to do so after I request that they stop.

    The problem right now with SPAM is that the SPAMMERS are preying on morons who think that SPAM works. These poor home-based business owners really think that SPAM companies are going to send their adverts to 5 million real people, as opposed to 1 million dead addresses, 1 million duplicate addresses, 1 million domain-name registrants (or ex-registrants), and 2 million people who will instantly trash the message. Maybe the best course of action is a crackdown on fraud laws?

    I just had to cancel my email address of 5 years due to being overspammed. I was deleting mail that I needed because I was deleting blocks of 10, 20, 30 at a time. And now I will lose contact with old friends for a while. I would really like to be able to make some of those cocksucker spammers pay for it.

    -dbc

  62. Amen, Brother! Violence is the Only Solution. by Philbert+Desenex · · Score: 2

    Not only must Spammers Die, they must Die in a horrible, fearsome fashion, to scare off the other knuckle-dragging, mouth-breathing, pee-drinking, unethical low lives that might think of spamming on their own. A Spammer's death must teach the other hairy, rat-molesting Spammers a lesson that they won't forget.

    Email spam is theft. Theft must be punishable. We must punishe email spammers.

  63. This "LAW" is ONLY for financial spam by Anonymous Coward · · Score: 1, Informative

    What slashdot fails to mention is that the law is ONLY for spam which is selling financial services.
    http://www.newsbytes.com/news/01/170700.html

    This should have been posted as a joke more than a legitimate law.

    1. Re:This "LAW" is ONLY for financial spam by TekPolitik · · Score: 2

      What slashdot fails to mention is that the law is ONLY for spam which is selling financial services.

      Nope - there were two laws. One for financial services, which was dealt with a couple of weeks back, and one more general one that was passed in the past 24 hours

  64. So is it legal to go looking for a job? by HiKarma · · Score: 1

    In Europe, would the following message be illegal?

    "Hi. I've been following your company for a while and I think it's doing great work. In particular, what you're doing in the field of XXXX is exactly what I want to do with my career and I think your company is going to win. Do you have any openings for somebody with YYYY skills?
    I've got a lot of experience doing that."

    I suspect this message would now be illegal unless it was sent in response to a job solicitation. With smaller companies and departments that don't have an explicit HR department, how would one send a message if you were genuinely interested in the company? I know people who have been hired this way.

    1. Re:So is it legal to go looking for a job? by forkboy · · Score: 2

      No, selling a service (i.e. seller/customer relationship) is completely different from requesting to be employed (employer/employee relationship) by a company. (this is my interpretation of US law, keep in mind, but I doubt EU is that much different in the differentiation between the two)

      If you're a contractor and you're trying to pimp your services, that might be another story as that's getting into a client relationship. I suspect this EU law covers bulk transmissions pretty much exclusively.

      If you could never, ever ask a person or business on an individual level to buy something from you, no one would ever drum up new business. In other words...if I ask just you to buy my product, that's probably ok under this law and it's really not spam....if I ask 100,000 other people at the same time, that's no good....and that's what this law is trying to prevent. Unsolicited bulk commercial email....spam.

      All clear?

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
    2. Re:So is it legal to go looking for a job? by HiKarma · · Score: 1

      I haven't seen the EU law text but all the proposed laws in the USA like this have made it illegal to send an E-mail offering goods or services for money. I would think that would include asking for work, promoting your job skills etc.

      Not that there isn't job search spam, but the key isn't that it's commercial, it's that it's sent in bulk. All spam is sent in bulk, and not all spam is commercial.

  65. Good chance to start using public key encryption by gte910h · · Score: 1

    To show that you opt in, you have to sign a document linked to your public key and email address. This document should also show the agreement whereby you agree to receive their emails, and from exactly what company, and even what type of email. Then they can't fake that you signed up, and everyone encrypts their email, lowering fraud by other means as well. --Michael

    --
    Want to see every step I took to start my company? http://www.rowdylabs.com/blogs/pitchtothegods
  66. Focus of Lawsuits by Anonymous Coward · · Score: 1, Insightful

    Why focus on small, itinerant spam senders? We may never know who sent a given spam, but it is always clear what is being advertised in that spam. Spam lawsuits should hit the parent companies hawking products and their partners.

    Kill the companies upstream to stop the revenue stream. No money, no spam.

  67. Too Complicated (Click here to end Spam) by Anonymous Coward · · Score: 0

    How about we simply require all Opt-In or Spam to use a prefix of ADV: or LIST: or ADULT ADV: in thier email? That way, they can send as much crap as they want without having to deal with Opt-In or Opt-Out?

    Proving your case would be easy...

    How to get our governments to listen...

    Why aren't we spamming our government with the same rules our government lets businesses spam us? I'm not adovacating hacking or obliterating thier systems with spam. We would be labeled terrorists if we did that.

    We can keep it reasonable by asking anyone you know to forward thier favorite piece of spam along with a message to every Congress Critter, asking them why they haven't legislated a simple and obvious spam law like the one I just proposed.

    Heck start some chain emails...

    Here are the Congress Critter's email addresses (Just Copy+Paste+Forward)


    Don.Young@mail.house.gov, sonny.callahan@mail.house.gov, Terry.Everett@mail.house.gov, bob.riley@mail.house.gov, robert.aderholt@mail.house.gov, budmail@mail.house.gov, snyder.congress@mail.house.gov, asa.hutchinson@mail.house.gov, talk2jay@mail.house.gov, faleomavaega@mail.house.gov, matt.salmon@mail.house.gov, ed.pastor@mail.house.gov, j.shadegg@mail.house.gov, jim.kolbe@mail.house.gov, m.thompson@mail.house.gov, doug.ose@mail.house.gov, doolittle@mail.house.gov, lynn.woolsey@mail.house.gov, George.Miller-Pub@mail.house.gov, sf.nancy@mail.house.gov, barbara.lee@mail.house.gov, ellen.tauscher@mail.house.gov, rpombo@mail.house.gov, petemail@stark.house.gov, annagram@mail.house.gov, campbell@mail.house.gov, zoegram@lofgren.house.gov, samfarr@mail.house.gov, gary.condit@mail.house.gov, george.radanovich@mail.house.gov, lois.capps@mail.house.gov, brad.sherman@mail.house.gov, tellbuck@mail.house.gov, Howard.Berman@mail.house.gov, jer@mail.house.gov, grace@mail.house.gov, Millender.McDonald@mail.house.gov, Stephen.Horn@mail.house.gov, ed.royce@mail.house.gov, talk2geb@mail.house.gov, dana@mail.house.gov, loretta@mail.house.gov, christopher.cox@mail.house.gov, rep.packard@mail.house.gov, brian.bilbray@mail.house.gov, TalkToBobFilner@mail.house.gov, degette@mail.house.gov, mark.udall@mail.house.gov, rep.schaffer@mail.house.gov, tom.tancredo@mail.house.gov, bozrah@mail.house.gov, rep.shays@mail.house.gov, Delaware@mail.house.gov, fl01@mail.house.gov, rep.boyd@mail.house.gov, thurman@mail.house.gov, cstearns@mail.house.gov, John.Mica@mail.house.gov, bill.mccollum@mail.house.gov, fl09@mail.house.gov, Rep.Charles.Canady@mail.house.gov, miller13@mail.house.gov, porter.goss@mail.house.gov, fla15@mail.house.gov, mark.foley@mail.house.gov, pdeutsch.pub@mail.house.gov, alcee.pubhastings@mail.house.gov, jack.kingston@mail.house.gov, mac.collins@mail.house.gov, cymck@mail.house.gov, john.lewis@mail.house.gov, ga06@mail.house.gov, barr.ga@mail.house.gov, saxby.chambliss@mail.house.gov, john.linder@mail.house.gov, guamtodc@mail.house.gov, neil.abercrombie@mail.house.gov, leach.ia01@mail.house.gov, nussleia@mail.house.gov, rep.boswell.ia03@mail.house.gov, Rep.Ganske@mail.house.gov, tom.latham@mail.house.gov, ask.helen@mail.house.gov, bobby.rush@mail.house.gov, comments@jessejacksonjr.org

    luis.gutierrez@mail.house.gov, judiciary@mail.house.gov, danny.davis@mail.house.gov, jan.schakowsky@mail.house.gov, jerry.weller@mail.house.gov, jfc.il12@mail.house.gov, dhastert@mail.house.gov, speaker@mail.house.gov, lane.evans@mail.house.gov, tim.roemer@mail.house.gov, souder@mail.house.gov, pease@mail.house.gov, John.Hostettler@mail.house.gov, rep.carson@mail.house.gov, jerry.moran@mail.house.gov, dennis.moore@mail.house.gov, tiahrt@mail.house.gov, ed.whitfield@mail.house.gov, ron.lewis@mail.house.gov, rep.northup@mail.house.gov, write.kenlucas@mail.house.gov, ernest.fletcher@mail.house.gov, jim.mccrery@mail.house.gov, congressman.cooksey@mail.house.gov, john.olver@mail.house.gov, jim.mcgovern@mail.house.gov, mtmeehan@mail.house.gov, joe.moakley@mail.house.gov, william.delahunt@mail.house.gov, ehrlich@mail.house.gov, rep.cardin@mail.house.gov, Rep.Cummings@mail.house.gov, rep.morella@mail.house.gov, rep.tomallen@mail.house.gov, baldacci@me02.house.gov, stupak@mail.house.gov, tellhoek@mail.house.gov, rep.ehlers@mail.house.gov, davecamp@mail.house.gov, jim.barcia-pub@mail.house.gov, talk2.fsu@mail.house.gov, rep.smith@mail.house.gov, debbie.stabenow@mail.house.gov, dkildee@mail.house.gov, david.bonior@mail.house.gov, slevin@mail.house.gov, public.dingell@mail.house.gov, gil.gutknecht@mail.house.gov, mn03@mail.house.gov, vento@mail.house.gov, martin.sabo@mail.house.gov, tell.bill@mail.house.gov, tocollin.peterson@mail.house.gov, oberstar@mail.house.gov, rep.talent@mail.house.gov, gephardt@mail.house.gov, ike.skelton@mail.house.gov, blunt@mail.house.gov, joann.emerson@mail.house.gov, rep.hulshof@mail.house.gov, roger.wicker@mail.house.gov, thompsonms2nd@mail.house.gov, ronnie.shows@mail.house.gov, gene.taylor@mail.house.gov, rick.hill@mail.house.gov, EClayton1@mail.house.gov, bob.etheridge@mail.house.gov, congjones@mail.house.gov, david.price@mail.house.gov, Richard.BurrNC05@mail.house.gov, howard.coble@mail.house.gov, CongMcIntyre@mail.house.gov, robin.hayes@mail.house.gov, myrick@mail.house.gov, cass.ballenger@mail.house.gov, repcharles.taylor@mail.house.gov, nc12.public@mail.house.gov, Rep.Earl.Pomeroy@mail.house.gov, talk2lee@mail.house.gov, Rep.Sununu@mail.house.gov, cbass@mail.house.gov, rob.andrews@mail.house.gov, lobiondo@mail.house.gov, rep.roukema@mail.house.gov, frank.pallone@mail.house.gov, franksnj@mail.house.gov, bill.pascrell@mail.house.gov, steven.rothman@mail.house.gov, donald.payne@mail.house.gov, rodney.frelinghuysen@mail.house.gov, rush.holt@mail.house.gov, menendex@mail.house.gov, ask.heather@mail.house.gov, joe.skeen@mail.house.gov, tom.udall@mail.house.gov, mail.gibbons@mail.house.gov, mike.forbes@mail.house.gov, lazio@mail.house.gov, peter.king@mail.house.gov, write2joecrowley@mail.house.gov, jerrold.nadler@mail.house.gov, major.owens@mail.house.gov, vito.fossella@mail.house.gov, rep.carolyn.maloney@mail.house.gov, rangel@mail.house.gov, jserrano@mail.house.gov, dearsue@mail.house.gov, ben@mail.house.gov, mike.mcnulty@mail.house.gov, Rep.Boehlert@mail.house.gov, rep.james.walsh@mail.house.gov, mhinchey@mail.house.gov, louiseny@mail.house.gov, portmail@mail.house.gov, mike.oxley@mail.house.gov, john.boehner@mail.house.gov, rep.kaptur@mail.house.gov, stephanie.tubbs.jones@mail.house.gov, budget@mail.house.gov, sherrod@mail.house.gov, pryce.oh15@mail.house.gov, telljim@mail.house.gov, bobney@mail.house.gov, ok01.largent@mail.house.gov, rep.coburn@mail.house.gov, wes.watkins@mail.house.gov, rep.jcwatts@mail.house.gov, istook@mail.house.gov, replucas@mail.house.gov, greg.walden@mail.house.gov, write.earl@mail.house.gov, peter.defazio@mail.house.gov, darlene@mail.house.gov, robert.a.brady@mail.house.gov, robert.borski@mail.house.gov, curtpa07@mail.house.gov, pawizard@mail.house.gov, paul.kanjorski@mail.house.gov, murtha@mail.house.gov, mel.gipprich@mail.house.gov, rep.toomey.pa15@mail.house.gov, pitts.pa16@mail.house.gov, rep.doyle@mail.house.gov, robert.weygand@mail.house.gov, sanford@mail.house.gov, floyd.spence@mail.house.gov, jim.demint@mail.house.gov, Rep.Spratt@mail.house.gov, jclyburn@mail.house.gov, jthune@mail.house.gov, rep.jenkins@mail.house.gov, jjduncan@mail.house.gov, van.hilleary@mail.house.gov, bob.clement@mail.house.gov, bart.gordon@mail.house.gov, john.tanner@mail.house.gov, rep.harold.ford.jr@mail.house.gov, max.sandlin@mail.house.gov, tx02wyr@mail.house.gov, rmhall@mail.house.gov, petes@mail.house.gov, rep.barton@mail.house.gov, rep.brady@mail.house.gov, nick.lampson@mail.house.gov, lloyd.doggett@mail.house.gov, texas.granger@mail.house.gov, rep.paul@mail.house.gov, Rep.Hinojosa@mail.house.gov, silvestre.reyes@mail.house.gov, texas17@mail.house.gov, tx18@lee.house.gov, rep.gonzalez@mail.house.gov, martin.frost@mail.house.gov, ken.bentsen@mail.house.gov, ask.gene@mail.house.gov, rep.e.b.johnson@mail.house.gov, cannon.ut03@mail.house.gov, owen.pickett@mail.house.gov, rep.goode@mail.house.gov, talk2bob@mail.house.gov, tom.bliley@mail.house.gov, jim.moran@mail.house.gov, ninthnet@mail.house.gov, tom.davis@mail.house.gov, bernie@mail.house.gov, jay.inslee@mail.house.gov, jack.metcalf@mail.house.gov, brian.baird@mail.house.gov, george.nethercutt-pub@mail.house.gov, dunnwa08@mail.house.gov, adam.smith@mail.house.gov, paul@ryan98.org, tammy.baldwin@mail.house.gov, ron.kind@mail.house.gov, jerry4wi@mail.house.gov, telltom@mail.house.gov, tompetri@mail.house.gov, mark.green@mail.house.gov, sensen09@mail.house.gov, bobwise@mail.house.gov, nrahall@mail.house.gov, cubin.webmaster@mail.house.gov, email@murkowski.senate.gov, Senator_Stevens@stevens.senate.gov, senator@sessions.senate.gov, senator@shelby.senate.gov, blanche_lincoln@lincoln.senate.gov, Senator.Hutchinson@hutchinson.senate.gov, info@kyl.senate.gov, John_McCain@mccain.senate.gov, senator@boxer.senate.gov, senator@feinstein.senate.gov, administrator@campbell.senate.gov, senator_allard@exchange.senate.gov, senator@dodd.senate.gov, senator_lieberman@lieberman.senate.gov, senator@biden.senate.gov, comments@roth.senate.gov, bob_graham@graham.senate.gov, connie@mack.senate.gov, senator_max_cleland@cleland.senate.gov, senator_coverdell@coverdell.senate.gov, senator@akaka.senate.gov, senator@inouye.senate.gov, tom_harkin@harkin.senate.gov, chuck_grassley@grassley.senate.gov, larry_craig@craig.senate.gov, senator_fitzgerald@fitzgerald.senate.gov, dick@durbin.senate.gov, senator_lugar@lugar.senate.gov, sam_brownback@brownback.senate.gov, pat_roberts@roberts.senate.gov, jim_bunning@bunning.senate.gov, senator@mcconnell.senate.gov, senator@breaux.senate.gov, senator@landrieu.senate.gov, senator@kennedy.senate.gov, john_kerry@kerry.senate.gov, senator@mikulski.senate.gov, senator@sarbanes.senate.gov, Olympia@snowe.senate.gov, senator@collins.senate.gov, senator@levin.senate.gov, michigan@abraham.senate.gov, senator@wellstone.senate.gov, mail_grams@grams.gov, kit_bond@bond.senate.gov, john_ashcroft@ashcroft.senate.gov, senator@cochran.senate.gov, senatorlott@lott.senate.gov, max@baucus.senate.gov, conrad_burns@burns.senate.gov, senator@edwards.senate.gov, jesse_helms@helms.senate.gov, senator@dorgan.senate.gov, chuck_hagel@hagel.senate.gov, mailbox@gregg.senate.gov, opinion@smith.senate.gov, senator@torricelli.senate.gov, Frank_Lautenberg@Lautenberg.senate.gov, Senator_Bingaman@bingaman.senate.gov, senator_domenici@domenici.senate.gov, senator@bryan.senate.gov, senator_reid@reid.senate.gov, senator@dpm.senate.gov, senator_voinovich@voinovich.senate.gov, senator_dewine@dewine.senate.gov, jim_inhofe@inhofe.senate.gov, senator@nickles.senate.gov, Oregon@gsmith.senate.gov, senator@wyden.senate.gov, senator_specter@specter.senate.gov, jack@reed.senate.gov, senator_chafee@chafee.senate.gov, qmail@hollings-cms.senate.gov, senator@thurmond.senate.gov, tom_daschle@daschle.senate.gov, tim@johnson.senate.gov, senator_thompson@thompson.senate.gov, senator_frist@frist.senate.gov, senator@hutchison.senate.gov, philgramm@gramm.senate.gov, senator@bennett.senate.gov, senator_hatch@hatch.senate.gov, senator@robb.senate.gov, senator@warner.senate.gov, senator_leahy@leahy.senate.gov, vermont@jeffords.senate.gov, senator_murray@murray.senate.gov, Senator_Gorton@gorton.senate.gov, russell_feingold@feingold.senate.gov, senator_kohl@kohl.senate.gov, senator_byrd@byrd.senate.gov, senator@rockefeller.senate.gov, senator@enzi.senate.gov, craig@thomas.senate.gov

  68. Am I missing something? by Boss,+Pointy+Haired · · Score: 1

    How on earth do you "opt-in" for something that you don't know exists?

    1. Re:Am I missing something? by SnarkDogma · · Score: 1

      Well, that's the happy part of it. You have to know what it is to have opted in, and with every spam you can opt right back out. sweet.

      It isn't perfect, but it's a big step in the right direction.

      --
      "This isn't right. This isn't even wrong." -- Wolfgang Pauli
  69. What is commercial speech? by browser_war_pow · · Score: 2

    If your website is a member of an affiliate program, has advertising banners or accepts paypal payments from users that have bootlegged your IP but want to pay you for it, what are you classified as? How about I put in a message in a mass-mailing to users on a mailing list a site I administer runs saying "while you're there please buy something through the affiliate store or click on an ad?" AFAIAMC (As Far As I Am Concerned) politicians should be civilally and criminally liable if their bills are considered generally destructive and outside the bounds of the country's constitution. Yes, I believe the USSC should be allowed to summarily imprison members of Congress who voted for the DMCA for say... 1 year and that each state supreme court should have the equivalent power. When the state acts, it can act only through violence implicitly or explicitly. When members of the civil body politic fuck up, they hurt people. They should be held accountable on a level that ordinary people are not.

    1. Re:What is commercial speech? by greenrd · · Score: 2
      What exactly is your problem?? So if you run a "possibly commercial" email list from within the EU, you'll have to implement confirmed opt-in for your email, and include an unsubscribe link in each email. Modern email list management software can already do both of these things. Big f-ing deal. I mean, this is trivial to implement.

      I suppose you think there should be no seatbelt or motorcycle helmet laws either? If anything they're more "onerous" than this law.

  70. The point by theolein · · Score: 2

    This gives you a *Legal* basis to act against someone who repeatedly spamms you. Of course it won't stop a lot of spam, but if you can prove a company is repeatedly spamming you, you can finally act.

    Giving cynical comments about how this won't help etc, however doesn't do anything. Spam assasin etc would be better of course but it doesn't have any legal basis and it seems that quite a few politicos in the US have a vested interest in outlawing efforts such as that.

  71. Mmmm, commercial? by Anonymous Coward · · Score: 0

    So anyone and anyorg who is not in business to Make Money Fast(tm) is still allowed to harvest and exchange addresses unchecked?

    Add the EU to the list of orgs that don't get it.

    Again.

  72. (Click Here to End Spam) by Anonymous Coward · · Score: 0

    How about we simply require all Opt-In or Spam to use a prefix of ADV: or LIST: or ADULT ADV: in thier email? That way, they can send as much crap as they want without having to deal with Opt-In or Opt-Out?

    Proving your case would be easy...

    How to get our governments to listen...

    Why aren't we spamming our government with the same rules our government lets businesses spam us? I'm not adovacating hacking or obliterating thier systems with spam. We would be labeled terrorists if we did that.

    We can keep it reasonable by asking anyone you know to forward thier favorite piece of spam along with a message to every Congress Critter, asking them why they haven't legislated a simple and obvious spam law like the one I just proposed.

    Heck start some chain emails...

    Here are the Congress Critter's email addresses (Just Copy+Paste+Forward)

    Don.Young@mail.house.gov, sonny.callahan@mail.house.gov, Terry.Everett@mail.house.gov, bob.riley@mail.house.gov, robert.aderholt@mail.house.gov, budmail@mail.house.gov, snyder.congress@mail.house.gov, asa.hutchinson@mail.house.gov, talk2jay@mail.house.gov, faleomavaega@mail.house.gov, matt.salmon@mail.house.gov, ed.pastor@mail.house.gov, j.shadegg@mail.house.gov, jim.kolbe@mail.house.gov, m.thompson@mail.house.gov, doug.ose@mail.house.gov, doolittle@mail.house.gov, lynn.woolsey@mail.house.gov, George.Miller-Pub@mail.house.gov, sf.nancy@mail.house.gov, barbara.lee@mail.house.gov, ellen.tauscher@mail.house.gov, rpombo@mail.house.gov, petemail@stark.house.gov, annagram@mail.house.gov, campbell@mail.house.gov, zoegram@lofgren.house.gov, samfarr@mail.house.gov, gary.condit@mail.house.gov, george.radanovich@mail.house.gov, lois.capps@mail.house.gov, brad.sherman@mail.house.gov, tellbuck@mail.house.gov, Howard.Berman@mail.house.gov, jer@mail.house.gov, grace@mail.house.gov, Millender.McDonald@mail.house.gov, Stephen.Horn@mail.house.gov, ed.royce@mail.house.gov, talk2geb@mail.house.gov, dana@mail.house.gov, loretta@mail.house.gov, christopher.cox@mail.house.gov, rep.packard@mail.house.gov, brian.bilbray@mail.house.gov, TalkToBobFilner@mail.house.gov, degette@mail.house.gov, mark.udall@mail.house.gov, rep.schaffer@mail.house.gov, tom.tancredo@mail.house.gov, bozrah@mail.house.gov, rep.shays@mail.house.gov, Delaware@mail.house.gov, fl01@mail.house.gov, rep.boyd@mail.house.gov, thurman@mail.house.gov, cstearns@mail.house.gov, John.Mica@mail.house.gov, bill.mccollum@mail.house.gov, fl09@mail.house.gov, Rep.Charles.Canady@mail.house.gov, miller13@mail.house.gov, porter.goss@mail.house.gov, fla15@mail.house.gov, mark.foley@mail.house.gov, pdeutsch.pub@mail.house.gov, alcee.pubhastings@mail.house.gov, jack.kingston@mail.house.gov, mac.collins@mail.house.gov, cymck@mail.house.gov, john.lewis@mail.house.gov, ga06@mail.house.gov, barr.ga@mail.house.gov, saxby.chambliss@mail.house.gov, john.linder@mail.house.gov, guamtodc@mail.house.gov, neil.abercrombie@mail.house.gov, leach.ia01@mail.house.gov, nussleia@mail.house.gov, rep.boswell.ia03@mail.house.gov, Rep.Ganske@mail.house.gov, tom.latham@mail.house.gov, ask.helen@mail.house.gov, bobby.rush@mail.house.gov, comments@jessejacksonjr.org

    luis.gutierrez@mail.house.gov, judiciary@mail.house.gov, danny.davis@mail.house.gov, jan.schakowsky@mail.house.gov, jerry.weller@mail.house.gov, jfc.il12@mail.house.gov, dhastert@mail.house.gov, speaker@mail.house.gov, lane.evans@mail.house.gov, tim.roemer@mail.house.gov, souder@mail.house.gov, pease@mail.house.gov, John.Hostettler@mail.house.gov, rep.carson@mail.house.gov, jerry.moran@mail.house.gov, dennis.moore@mail.house.gov, tiahrt@mail.house.gov, ed.whitfield@mail.house.gov, ron.lewis@mail.house.gov, rep.northup@mail.house.gov, write.kenlucas@mail.house.gov, ernest.fletcher@mail.house.gov, jim.mccrery@mail.house.gov, congressman.cooksey@mail.house.gov, john.olver@mail.house.gov, jim.mcgovern@mail.house.gov, mtmeehan@mail.house.gov, joe.moakley@mail.house.gov, william.delahunt@mail.house.gov, ehrlich@mail.house.gov, rep.cardin@mail.house.gov, Rep.Cummings@mail.house.gov, rep.morella@mail.house.gov, rep.tomallen@mail.house.gov, baldacci@me02.house.gov, stupak@mail.house.gov, tellhoek@mail.house.gov, rep.ehlers@mail.house.gov, davecamp@mail.house.gov, jim.barcia-pub@mail.house.gov, talk2.fsu@mail.house.gov, rep.smith@mail.house.gov, debbie.stabenow@mail.house.gov, dkildee@mail.house.gov, david.bonior@mail.house.gov, slevin@mail.house.gov, public.dingell@mail.house.gov, gil.gutknecht@mail.house.gov, mn03@mail.house.gov, vento@mail.house.gov, martin.sabo@mail.house.gov, tell.bill@mail.house.gov, tocollin.peterson@mail.house.gov, oberstar@mail.house.gov, rep.talent@mail.house.gov, gephardt@mail.house.gov, ike.skelton@mail.house.gov, blunt@mail.house.gov, joann.emerson@mail.house.gov, rep.hulshof@mail.house.gov, roger.wicker@mail.house.gov, thompsonms2nd@mail.house.gov, ronnie.shows@mail.house.gov, gene.taylor@mail.house.gov, rick.hill@mail.house.gov, EClayton1@mail.house.gov, bob.etheridge@mail.house.gov, congjones@mail.house.gov, david.price@mail.house.gov, Richard.BurrNC05@mail.house.gov, howard.coble@mail.house.gov, CongMcIntyre@mail.house.gov, robin.hayes@mail.house.gov, myrick@mail.house.gov, cass.ballenger@mail.house.gov, repcharles.taylor@mail.house.gov, nc12.public@mail.house.gov, Rep.Earl.Pomeroy@mail.house.gov, talk2lee@mail.house.gov, Rep.Sununu@mail.house.gov, cbass@mail.house.gov, rob.andrews@mail.house.gov, lobiondo@mail.house.gov, rep.roukema@mail.house.gov, frank.pallone@mail.house.gov, franksnj@mail.house.gov, bill.pascrell@mail.house.gov, steven.rothman@mail.house.gov, donald.payne@mail.house.gov, rodney.frelinghuysen@mail.house.gov, rush.holt@mail.house.gov, menendex@mail.house.gov, ask.heather@mail.house.gov, joe.skeen@mail.house.gov, tom.udall@mail.house.gov, mail.gibbons@mail.house.gov, mike.forbes@mail.house.gov, lazio@mail.house.gov, peter.king@mail.house.gov, write2joecrowley@mail.house.gov, jerrold.nadler@mail.house.gov, major.owens@mail.house.gov, vito.fossella@mail.house.gov, rep.carolyn.maloney@mail.house.gov, rangel@mail.house.gov, jserrano@mail.house.gov, dearsue@mail.house.gov, ben@mail.house.gov, mike.mcnulty@mail.house.gov, Rep.Boehlert@mail.house.gov, rep.james.walsh@mail.house.gov, mhinchey@mail.house.gov, louiseny@mail.house.gov, portmail@mail.house.gov, mike.oxley@mail.house.gov, john.boehner@mail.house.gov, rep.kaptur@mail.house.gov, stephanie.tubbs.jones@mail.house.gov, budget@mail.house.gov, sherrod@mail.house.gov, pryce.oh15@mail.house.gov, telljim@mail.house.gov, bobney@mail.house.gov, ok01.largent@mail.house.gov, rep.coburn@mail.house.gov, wes.watkins@mail.house.gov, rep.jcwatts@mail.house.gov, istook@mail.house.gov, replucas@mail.house.gov, greg.walden@mail.house.gov, write.earl@mail.house.gov, peter.defazio@mail.house.gov, darlene@mail.house.gov, robert.a.brady@mail.house.gov, robert.borski@mail.house.gov, curtpa07@mail.house.gov, pawizard@mail.house.gov, paul.kanjorski@mail.house.gov, murtha@mail.house.gov, mel.gipprich@mail.house.gov, rep.toomey.pa15@mail.house.gov, pitts.pa16@mail.house.gov, rep.doyle@mail.house.gov, robert.weygand@mail.house.gov, sanford@mail.house.gov, floyd.spence@mail.house.gov, jim.demint@mail.house.gov, Rep.Spratt@mail.house.gov, jclyburn@mail.house.gov, jthune@mail.house.gov, rep.jenkins@mail.house.gov, jjduncan@mail.house.gov, van.hilleary@mail.house.gov, bob.clement@mail.house.gov, bart.gordon@mail.house.gov, john.tanner@mail.house.gov, rep.harold.ford.jr@mail.house.gov, max.sandlin@mail.house.gov, tx02wyr@mail.house.gov, rmhall@mail.house.gov, petes@mail.house.gov, rep.barton@mail.house.gov, rep.brady@mail.house.gov, nick.lampson@mail.house.gov, lloyd.doggett@mail.house.gov, texas.granger@mail.house.gov, rep.paul@mail.house.gov, Rep.Hinojosa@mail.house.gov, silvestre.reyes@mail.house.gov, texas17@mail.house.gov, tx18@lee.house.gov, rep.gonzalez@mail.house.gov, martin.frost@mail.house.gov, ken.bentsen@mail.house.gov, ask.gene@mail.house.gov, rep.e.b.johnson@mail.house.gov, cannon.ut03@mail.house.gov, owen.pickett@mail.house.gov, rep.goode@mail.house.gov, talk2bob@mail.house.gov, tom.bliley@mail.house.gov, jim.moran@mail.house.gov, ninthnet@mail.house.gov, tom.davis@mail.house.gov, bernie@mail.house.gov, jay.inslee@mail.house.gov, jack.metcalf@mail.house.gov, brian.baird@mail.house.gov, george.nethercutt-pub@mail.house.gov, dunnwa08@mail.house.gov, adam.smith@mail.house.gov, paul@ryan98.org, tammy.baldwin@mail.house.gov, ron.kind@mail.house.gov, jerry4wi@mail.house.gov, telltom@mail.house.gov, tompetri@mail.house.gov, mark.green@mail.house.gov, sensen09@mail.house.gov, bobwise@mail.house.gov, nrahall@mail.house.gov, cubin.webmaster@mail.house.gov, email@murkowski.senate.gov, Senator_Stevens@stevens.senate.gov, senator@sessions.senate.gov, senator@shelby.senate.gov, blanche_lincoln@lincoln.senate.gov, Senator.Hutchinson@hutchinson.senate.gov, info@kyl.senate.gov, John_McCain@mccain.senate.gov, senator@boxer.senate.gov, senator@feinstein.senate.gov, administrator@campbell.senate.gov, senator_allard@exchange.senate.gov, senator@dodd.senate.gov, senator_lieberman@lieberman.senate.gov, senator@biden.senate.gov, comments@roth.senate.gov, bob_graham@graham.senate.gov, connie@mack.senate.gov, senator_max_cleland@cleland.senate.gov, senator_coverdell@coverdell.senate.gov, senator@akaka.senate.gov, senator@inouye.senate.gov, tom_harkin@harkin.senate.gov, chuck_grassley@grassley.senate.gov, larry_craig@craig.senate.gov, senator_fitzgerald@fitzgerald.senate.gov, dick@durbin.senate.gov, senator_lugar@lugar.senate.gov, sam_brownback@brownback.senate.gov, pat_roberts@roberts.senate.gov, jim_bunning@bunning.senate.gov, senator@mcconnell.senate.gov, senator@breaux.senate.gov, senator@landrieu.senate.gov, senator@kennedy.senate.gov, john_kerry@kerry.senate.gov, senator@mikulski.senate.gov, senator@sarbanes.senate.gov, Olympia@snowe.senate.gov, senator@collins.senate.gov, senator@levin.senate.gov, michigan@abraham.senate.gov, senator@wellstone.senate.gov, mail_grams@grams.gov, kit_bond@bond.senate.gov, john_ashcroft@ashcroft.senate.gov, senator@cochran.senate.gov, senatorlott@lott.senate.gov, max@baucus.senate.gov, conrad_burns@burns.senate.gov, senator@edwards.senate.gov, jesse_helms@helms.senate.gov, senator@dorgan.senate.gov, chuck_hagel@hagel.senate.gov, mailbox@gregg.senate.gov, opinion@smith.senate.gov, senator@torricelli.senate.gov, Frank_Lautenberg@Lautenberg.senate.gov, Senator_Bingaman@bingaman.senate.gov, senator_domenici@domenici.senate.gov, senator@bryan.senate.gov, senator_reid@reid.senate.gov, senator@dpm.senate.gov, senator_voinovich@voinovich.senate.gov, senator_dewine@dewine.senate.gov, jim_inhofe@inhofe.senate.gov, senator@nickles.senate.gov, Oregon@gsmith.senate.gov, senator@wyden.senate.gov, senator_specter@specter.senate.gov, jack@reed.senate.gov, senator_chafee@chafee.senate.gov, qmail@hollings-cms.senate.gov, senator@thurmond.senate.gov, tom_daschle@daschle.senate.gov, tim@johnson.senate.gov, senator_thompson@thompson.senate.gov, senator_frist@frist.senate.gov, senator@hutchison.senate.gov, philgramm@gramm.senate.gov, senator@bennett.senate.gov, senator_hatch@hatch.senate.gov, senator@robb.senate.gov, senator@warner.senate.gov, senator_leahy@leahy.senate.gov, vermont@jeffords.senate.gov, senator_murray@murray.senate.gov, Senator_Gorton@gorton.senate.gov, russell_feingold@feingold.senate.gov, senator_kohl@kohl.senate.gov, senator_byrd@byrd.senate.gov, senator@rockefeller.senate.gov, senator@enzi.senate.gov, craig@thomas.senate.gov

  73. Another wonderful EU decision is... by achiel · · Score: 2, Interesting

    That all countries of the EU are allowed to monitor and record data transmissions. This vote passed this morning, they're still debating over exactly what they're allowed to store (i.e. web URLS, web content itself, usenet etc)

    Sounds like I'm gonna have to move back to the US, or somehow find an ISP that's gonna work around all this. What I was wondering about was exactly where they want to scan the data. At the ISPs or somewhere at the backbone?

    A little more information can be found here, if you can read Dutch :)

    1. Re:Another wonderful EU decision is... by achiel · · Score: 1

      Never mind, the ISPs are forced to install spyware hardware by law :P Apparantly, some providers have not met this requirement yet

  74. Don't these people realize... by Teknogeek · · Score: 0

    ...that if they outlaw spam, only criminals will have spam!

    --
    I mod down anyone who uses M$ in their posts. I like to live on the edge.
  75. Two faced Slashdotters. by Anonymous Coward · · Score: 0

    First Face of Slashdotter: The gubment oppresses us and the gubment should not regulate the internet.

    New law passed, the gubment regulates spam.

    Second Face of Slashdotter: Oppress me almighty gubment, take a way my rights and save me from spam because I am a moron and do not know how to stop it myself.

    Amazing hwo some people will sell themselves to the gubment for such a little price.

  76. Can PGP signature help? by Anonymous Coward · · Score: 0
    Imagine IF everyone already would use PGP signature. No spam would be possible: you have the list of accepted keys and any email signed by unknown (un-trusted) key wold be bounced back along with the advise to register the key in some moderated key DB (web UI to your key ring).

    • if you subscribe to a mail-list - you download and register their key in you DB. That may cover stock market news, software hacking forums and even job hunter lists.
    • When you give your email to anyone - you require one's key in exchahge to it. Don't forget to add the key to your ring.

    In real life you don't want any email from un-known people. Can anyone remind me a case when I am OK to receive email from un-known email address? Key was in the meaning of public key

  77. And then there was light. by joejared · · Score: 1

    It's nice to be proven wrong that the opposite of progress is congress, or the English equivilent.

  78. Problems with any SPAM legislation by firewood · · Score: 1
    Some judge or jury will be deciding whether your email to a long lost (but rich) cousin, to someone who's email address has a similar spelling to that of a business colleague who stutters on the phone, to a hot babe who somehow accidentally gave you her real email address (must have been *really* drunk) and then forgot, email from your local congress-critter, church or library, etc., is illegal UCE or not (since the sig contains a allusion to a reference to a link to a semi-commercial site...)

    Without uniform global enforcement, spammers will just work thru agents in some country where they don't have any equivalent laws, or they do but the local sheriff can't find any of his cousins^H^H^H the spammers to serve papers on.

    Without sender verification, spammers can tie up enforcement and prosecution resources by simply forging a sufficient percentage of UCE/SPAM from Cmdr. Taco or from you (thus using the legal system to help with klez-uce DDoS attacks).

    My guess is increasing volumes of SPAM & UCE will add to the push towards some sort of protocol layered on top of the existing one, where most peoples mail transport agents will simply bit-bucket email either not on a white-list, or not digitally signed with a signature issued some really big agent (post office, major bank, big brother, etc. (e.g. an agent that knows where to find your body, bank account and hard drive)). Almost nobody will bother wading through terabytes of cruft to find one message from a old long lost school budd somewhere in Nigeria. Grandma may have to learn how to use a signed signing mail agent.

  79. Toqers Bakersfield spam adventures! by t0qer · · Score: 2

    I'm not going to repost my previous comment on this, instead I will completely re-write and re-word it for those that think recycling one's own precious electrons that they themselves created is a waste.

    Let me start by introducing myself. I'm 29, born and raised in san Jose, had a computer in my house since I was 5. Up until the .com crash I had a nice 7 year long career as a sysadmin for a lot of different companies. So yeah, I do know a thing or two about computers, networking in general.

    Well, I had been laid off for about 6 months or so. Wife n I bought a house a week before I got laid off, she got laid off 2 weeks later. Everyday this unemployed sysadmin would fax out résumé's trying desperately to get off the top ramen diet I had been on all while the words "Must not eat, must pay mortgage" played out in my head. I had dropped in weight from 240lbs down to 196. Poor desperate and at the end of my rope I decided to try and scrounge up some contract work.

    Around that same time, a friend of mine told me something rather intriguing. His father down in Bakersfield apparently had a T1 line, and was running a spam operation out of his house and might need my help in making it better. It would be an all expenses paid trip (gas for his car, 7-11 burritos, big gulps, smokes) I told him I had sort of a moral objection to eat so let's go!

    Well as we started out our trip I talked to my bud about how I was going to install list managers for his dad and how it would help him stay "legal" We switched subjects from our acid trippin days as teenagers to who was having kids these days. It's weird, as you approach 30ish it seems like you and all your friends wives are just shooting out babies and placenta like AA fire over Baghdad. Well 5 hours later we arrived at his fathers house and I began to surmise the situation.

    *Thinking to self* Hmm I bet myself any money that it's just DSL... Nono... wait a minute what is he using that cisco2500 for??? Wait a minute, look at those orange lights flickering at 60hz Holy SHIT thats a CSU DSU! Wait lemme count...1.2.3.4 YES!! 4 COPPERS!

    I looked over the rest of the room and saw that it was wall to wall screwdriver shop computers, all of them running win98. Then I opened my mouth.

    "Wow, you really got your act together here!" He started showing me the different systems and softwares of his operation. To my horror and shock he was running a windows based open relay SMTP scanner!

    *Open mouth, Insert Foot* "Uhhh sir? Using other peoples SMTP servers without authorization is trespass." Well I opened up the floodgates of this 53ish former Green Berets patriotic side. Oops!

    "THE INTERNET WAS CREATED BY THE GOVERNMENT WITH MY TAX DOLLARS!! IF THESE SERVERS ARE OPEN RELAY'S THAT MEANS THEY WANT ME TO USE THEM! DON'T TELL ME I KNOW IT ALL! ALL THESE LAWS THEY'RE PASSING ARE INTERFERING WITH MY AMERICAN RIGHT TO DO BUSINESS!!"

    At that point I had to think quick, c'mon toq, what would you say whenever someone was absolutely ballistic at the office. Somehow my ramen fed mind uttered the phrase, "I never thought of it that way, I think you're right!" Holy shit it worked! He calmed down after that.

    The way home was spent driving faster than we had gone going there and explaining to my friend how what his father was doing was bad. He really didn't get it until I told him it fucks up his counter-strike and penciled in bandwidth calculations. 3 days of sleeping on a floor in a run down apartment complex wasn't really that fun. That and his father tried to shanghai us down to the army recruiters. Despite the negative involved it was a growing and learning experience because I saw exactly how the REAL down in the GHETTO spammers live. It's not pretty.

    Sort of an update to the story, my buddies father is out of business. Not from an ISP shutdown though. His wife left him so he moved to the Philippines to avoid paying alimony. Myself, I've fully adjusted to eating less, working out more, and living on a string of contracts for everything from doing web work to 3D renderings of industrial machinery.

    1. Re:Toqers Bakersfield spam adventures! by Anonymous Coward · · Score: 0

      Skipped out of the USA to avoid alimony? Gee, what a surprise!

      I think your friend's father is just a slimebucket showing his true colors (AGAIN).

  80. ** Reminder ** by phyxeld · · Score: 2
    Slashbot's, heres a friendly reminder to make sure we're all on the same page:
    We like government regulation of the internet on Tuesdays, Thursdays, and Saturdays.

    We don't like government regulation of the internet on Mondays, Wednesdays, and Fridays.

    Sundays you can flip a coin.
    That is all.
    --
    __
    Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
  81. A real-life business example by Anonymous Coward · · Score: 0

    I work for a company that collects customer feedback for companies (based upon the customer contact list that is sent to us). We use the list to send invitations to take a survey to give feedback. (Yes, that's all -- no advertising of new products, no pushing people to buy). All our invitations have an opt-out feature; hit reply and we'll put you in the opt-out file so we don't hit you again. Yes, we're registering with Safe Harbor, and we have an EU lawyer advising us on stuff, etc. so we stay legal.

    Recently we had an issue with a German customer of one of our corporate B2B clients. The German guy was a lawyer, so he was well up to date on EU law. He opted out to the first invitation, and due to a technical glitch on our side (he had a weirdly formatted email address), we didn't get him in the opt-out file - our bad, but a typical technical thing that can happen (what, your software never has bugs?). So he was sent the second/resend invitation.

    He responded with an email billing us for a chunk of euros (forget how much, but it wasn't trivial) and demanding full written documentation of all our emailing and QA procedures to prove that we weren't spammers. Needless to say, we made sure this time to get him properly logged in our universal opt-out file.

    I don't know if we paid him or not, we had our EU lawyer call him to discuss.

  82. Re:Mobile phones might have something to do with t by Anonymous Coward · · Score: 0

    Well, you can get GPRS in Finland for a flat monthly fee of 16,65 Euros. Yes, it's a bit high, it's what dial-up was years back and you get some 3 - 4kB/s with it.

    I believe this includes full internet access, and that there is a cheaper WAP only GPRS that's 4.70 Euros per month.

    These prices are from DNA Finland, the rest of the operators have per megabyte prices.

  83. In the good soccer WM tradition by CaptainZapp · · Score: 3, Informative
    You're wrong on two counts:

    The vast majority in Europe (which was part of civilized society, last I checked) pays by the second.

    On the other hand, and provided you don't receive cell phone calls while roaming in other countries, cell phone reception is free as in beer.

    Overall and givcen the really rotten mess called mobile phone services in the US, my assessment in that specific respect is:

    Europe 1 : US 0

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  84. You are very wrong by Anonymous Coward · · Score: 0

    Would you like it if your phone is rendered useless because it's beeping every ten minutes day and night to tell you it's received a new SMS spam until the SMS memory fills up and you wipe them all, then a backlog of another 50 rush in...

    There are now reverse-charge SMS messages which are paid for from your monthly bill/pre-pay credit balance. The idea is to use it to pay for news/ringtones/logos/etc... services. There are already reports of companies spamming without any opt in, costing you £1 ($2ish) a pop.

  85. Thanks by danro · · Score: 2

    Thanks for the info, I am just a lowly programmer, and not into law very much. ;-)

    What is your opinion of class action lawsuits? Will they change anything fundamental in the current system, and in what way?

    --

    "First lesson," Jon said. "Stick them with the pointy end."
  86. Does anyone else see a resolution here... by Anonymous Coward · · Score: 0

    Each country KEEPS it's own SPAM.
    And then we can feed the starving millions :-P

  87. The most effective deterrent... by Anonymous Coward · · Score: 0

    The most effective deterrent to junk mail has been postage increases and anthrax.

    I own an advertising agency that bulk mails (junk mail) advertising materials. Since the anthrax mail scares and postage increases of 3-5 cents junk mail business has dropped 60%.

    Maybe isp need to charge for sent mail (lowering bandwidth charges to legit users) and someone needs to start dumping viruses into a bunch of "stiffin' you pole" e-mails.

  88. No, spam is NOT good for business by Anonymous Coward · · Score: 0
    That's much too simplistic.We may have The best Congress money can buy, but never forget that the biggest victims of spam are corporations rather than consumers.

    Europe now has the lead, but for a long time there was more protection against spam in the US than in Europe. And while the US may have sewers such as sprint, there are some major spam sources in, e.g, CN, HK, KR, OZ, SG, TW, UK.

  89. It won't hurt you if you're not a thief by Anonymous Coward · · Score: 0
    That law won't hurt legitimate businesses unless their employees are incompetent. All that you need to do is:
    1. Publish a policy that any employee who spams will be promptly terminated without a character
    2. Publish a policy that all corporate mailings will use confirmed (closed loop) opt-in. Use random unique tokens in the confirmations.
    3. Retain records of the opt-ins and confirmations, including IP addresses and time stamps.
    Of course, you didn't explain what you meant by accumulation of valid email addresses; if you're talking about harvesting from Usenet, web crawling or buying address lists, then you aren't running a legitimate business.
  90. Makes NO difference. Off-shore Servers. by The_THOMAS · · Score: 1

    Makes NO difference. Off-shore email servers or email servers in countries which will not extradite or enforce this law for Europe make it moot.

    Face it folks. The only way to beat spam is to create an "invited" list of people which you accept email from, and send the rest to a "read at your own risk" folder.

    --
    Ya Sure! You Betcha!, The_THOMAS
  91. People would be trampled. by Anonymous Coward · · Score: 0

    Socker is bad enough. If you had public executions of spammers, how would you keep people from being trampled by spectrators trying to get in?

  92. First Post!! by Anonymous Coward · · Score: 0

    First Post!! Yeah!!!!

  93. IMPORTANT: yes, but... EuroParlt also for spooks by Anonymous Coward · · Score: 0

    Full credit to the European Parliament for its stand on spam, and on privacy in principle.
    But also note that the same session also
    went, is on the verge of going, for pre-emptive
    retention of email routing and IP connection time
    data for the benefit of law enforcement.



    I'd be more precise, but the Register story is mysteriously unavailable. 'Zit been /.ed? Should be a briefing soon-ish at the Foundation for Information Policy Research .


  94. Don't know 'bout you by Anonymous Coward · · Score: 0

    So do I have to move to Europe, or can I just find a host for my email there?

    Business idea: charge $5 a month or something like that for email addresses hosted under European jurisdiction.

    I'll move if I have to.

  95. Re:Most of the junk mail I recieve is from the Sta by Anonymous Coward · · Score: 0

    Dear Mr Guns n' Rses Trll,

    Please see this page. The relevant characters are near the bttm f the page.

    Cut and paste prbably will nt wrk, it is mre likely that you will need t use &#cde; instead.

    Hpe this helps.

    Kind regards,

    Jimmy F J Sandwich-Burglar (esq)

  96. Re:Amen, Brother! Violence is the Only Solution. by radja · · Score: 2

    >Not only must Spammers Die, they must Die in a horrible, fearsome fashion

    No!!! they must LIVE in a horribly painful situation, preferably without limbs, senses and bound to a stockade in the middle of town for people to spam them with.. say.. rotten tomatoes, eggs, and cans of SPAM(tm).

    //rdj

    --

    No one can understand the truth until he drinks of coffee's frothy goodness.
    --Sheikh Abd-Al-Kadir, 1587
  97. Pointless waste of legislation... by Anonymous Coward · · Score: 0

    I think the reg (www.theregister.co.uk) said it best........

    "Europe bans spam"

    ..."Bless"