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Spammer Fined $2,000 Plus Costs in Washington

berniecase writes "The Seattle Post-Intelligencer reports that Jason Heckel, of Salem, OR, has been ordered (on summary judgment, no less) by King County Superior Court Judge Douglass North to pay $98,000 for sending spam to Washington state residents. Heckel's lawyers say they'll appeal on the basis that Washington's law violates the constitutional protection of interstate commerce."

244 comments

  1. Finally! by N8Magic · · Score: 2, Interesting

    It's about time one of these aholes got fined.

    Hopefully this will set a precedent that can be applied against all of the other spam companies.

    1. Re:Finally! by Anonymous Coward · · Score: 3, Interesting

      What about international spammers? Is there any way to stop them?

    2. Re:Finally! by Anonymous Coward · · Score: 2, Funny

      Do what George W always like to do... Send in the US Air Force to bomb China and Korea, that should solve things.

    3. Re:Finally! by Dimensio · · Score: 2, Funny

      International sanctions against countries that do not work to stop spammers. If those don't work, nuclear weapons.

    4. Re:Finally! by jazman_777 · · Score: 2, Funny
      What about international spammers? Is there any way to stop them?

      What do you think the war on Iraq is about? What else could Hussein's Weapons of Mass Destruction be than a battalion of spammers with big lists?

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    5. Re:Finally! by stirfry714 · · Score: 3, Interesting

      In a way, we're already doing this (well, not the nuclear weapons).

      Specifically, legitimate Internet users in China and other Asian nations are finding it harder and harder to send legitimate e-mails to Western-based ISPs which have blacklisted them. Boom, automatic international sanctions, from the ground up.

      As a result, they are going to start increasing pressure on their governments to deal with the problem. And if there's one nice thing about an authoritarian government, it's that they are very good at dealing with "problems". We fine someone $2000, they use the gulag... hmmm.. spammers in the gulag. That I'd like to see.

    6. Re:Finally! by Dimensio · · Score: 5, Funny

      We fine someone $2000, they use the gulag... hmmm.. spammers in the gulag. That I'd like to see.

      Perhaps we could petition them to set up webcams. I'd pay to see it.

    7. Re:Finally! by MattCohn.com · · Score: 1

      And what about those pop-up spammers? Apperently there isn't a law regarding that... and it's much more irritating. The dialog is always on top, there isn't an easy way to get the senders IP address unless you log all access to the ports, and it's SO DAMN ANNOYING. My bet is that if there is an explosion of Pop-up spam, then a new law will be made. AND, this is a good thing so it can take into account all these things that wern't thought of 4 years ago.

    8. Re:Finally! by Herkum01 · · Score: 1

      Great, instead of getting SPAM for webcams of pretty women, it is now spammers in the gulag.

    9. Re:Finally! by Vuarnet · · Score: 3, Funny

      Perhaps we could petition them to set up webcams. I'd pay to see it.

      No! No no no no no! Don't give the Chinese spammers any more ideas!!!

      Hello and Greetings! You like see evil spammer in gulag? Watch hot inmates get advantage of evil spammer in shower! Just click here for hot, gulag shower webcam!

      --
      Tongue-tied and twisted, just an earth-bound misfit, I
      Learning to fly, Pink Floyd.
    10. Re:Finally! by Black+Copter+Control · · Score: 2
      Do what George W always like to do... Send in the US Air Force to bomb China and Korea, that should solve things.

      George won't bomb Korea or China. Bullies don't attack people who can fight back.

      In Iraq, the US is/was facing an enemy essentially incapable of fighting back. In Afghanistan, the Northern alliance did almost all of the dirty ground fighting
      ((Afghanistan was not a bloodless war, or an air-only war. If the US had taken the kinds of casualties that the Alliance did in Afghanistan, it would not have been remembered as an easy victory.))

      --
      OS Software is like love: The best way to make it grow is to give it away.
    11. Re:Finally! by Jumperalex · · Score: 1

      You say the alliance took most of the casualties like that is a bad thing.

      Ok that sounds like a troll right? Wrong. One of the most delicate lines we had / have to balance in Afganistan was the perception that we were yet another invading army in the region looking to take over. You know like the Soviets. Had we been doing all the fighting there was a very good chance that many of those alliance fighters would have started fighting us.

      Now I'm not making any judgement of whether we should have been there or not, should we attack iraq or not, nor taking your bait on the bully comment. So don't bother responding along those lines because it is a debate too complicated to have on slashdot or any other non-verbal forum.

      But to say that the alliance did a majority of the fighting like that was the wrong thing to have happen is just ludicrus. I'm sorry they died, but it is THEIR freedom THEY were fighting for. We helped them do something THEY wanted to do. We didn't force them to fight.

      --
      If you can't be good, be good at it!
    12. Re:Finally! by Black+Copter+Control · · Score: 2
      There was a lot of chatter in the press about how Afghanistan proved that an air-only war was winnable. That's a pile of garbage. If it wasn't for the Northern Alliance on the ground, the war in Afghanistan would probably still be going on.

      Supposedly this was a part of the 'war on terrorism'. The US war on terrorism. What disturbed most about this was that both the president and (to a lesser degree) the press disn't seem to care less about non-US lives lost in that war.

      In the friendly-fire incidents where US lives were lost, there was a big to-do about the handful of US soldiers killed and how they were so brave, etc... yet there was barely a by-the-way for the Afghani lives lost -- even though there were almost always more afghanis killed than americans.

      When the Canadians were killed by a US Pilot (I'm Canadian), President Bush didn't even bother to issue a public statement for more than a day.

      That kind of disregard for foreigners is the kind of thing that leaves a lot of foreigners hating Americans. If they're clear that the US doesn't give a flying fart about their lives, rights or feelings, it's pretty hard to convince them that they should have any more respect for Americans.

      Justice and Democracy are not reasonable predictors of whether the US will intervene somewhere. US Financial and strategic interests are. With the US threatening to go into Iraq with or without UN agreement, claiming to be the world's policeman is little more than spin-doctoring.

      Most notably: with both Iraq and North Korea possibly trying to create nuclear weapons, Bush was hot to invade Iraq, but very slow to invde North Korea. The distinction here is not which is more likely to succeed -- it's which would be a formadible enemy. Iraq's army is essentially castrated. "Going to war" against them would be more of a shooting gallery than a war.

      Korea is far more likely to obtain (and may even already have) nukes. Invading them, however would leave the US with a real fight. That Bush is unwilling to go into North Korea is what leaves me thinking that Bush is being more of a bully than a policeman with Iraq.

      --
      OS Software is like love: The best way to make it grow is to give it away.
  2. $2000 dollar fine by Henry+V+.009 · · Score: 5, Informative

    "The rest of the penalty is for state's attorneys' fees and court costs."

    Which adds a nice cool $96,197.74 on to it.

    1. Re:$2000 dollar fine by GigsVT · · Score: 5, Insightful

      Which adds a nice cool $96,197.74 on to it.

      And that was only 2/3rds of what the state asked for in costs. They also asked for $20,000 in fines.

      Washington's law does not make all spam illegal. Only e-mails that use a deceptive subject line, misrepresent the e-mail's origin or use someone else's domain name without permission are prohibited.

      This is interesting. Virginia's law is similar, it's an extension of the fraud laws, not of the computer crime laws. I think that is a good way to attack the issue without running into first amendment issues.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:$2000 dollar fine by erik_fredricks · · Score: 2, Funny

      I guess he's down to hocking his enlarged penis and breasts on ebay to cover the bill...
      --

      --

      THE GOOD HUMOR MAN CAN ONLY BE PUSHED SO FAR
      Bart Simpson on chalkboard in episode 2F18

    3. Re:$2000 dollar fine by Henry+V+.009 · · Score: 4, Insightful

      That's right. And now all we need is for all normal email subject headers to start with Not Unsolicited Mail: to get through the spam filters. Hell, the email client can even add and remove the thing automatically. Anybody who sends a spam email with those words is committing fraud.

    4. Re:$2000 dollar fine by Anonymous Coward · · Score: 0

      Sure there were excesses in the French
      Revolution - however neither your post nor
      the webpage you link to address the point the
      I made. France was surrounded and invaded by
      hostile powers and it is undeniable that there
      was also internal attempts by the supporters of
      the old regime to seize power. These elements
      certainly would not have been kind to the
      supporters of the republic had they succeeded.
      Once the external threat was defeated and
      the internal thread neutralised the
      committee for public safety went away
      very quickly.

    5. Re:$2000 dollar fine by taernim · · Score: 2, Informative

      Actually, I'm a WA resident.
      If you register your email as "not wanting to get spam" (there's a website to do it on), then spammers (or to be "PC" about it... Commercial Bulk Emailers) are supposed to use that list.

      If they email you on one of those BS "Opt Out" mailing lists, that is one of the grounds you can sue them for.

      $200-300 per email isn't bad, considering I usually get 10+ spam mails on a bad day.

      --
      "PC Load Letter? What the $@#% does that mean?!"
    6. Re:$2000 dollar fine by waferbuster · · Score: 2, Insightful
      This court decision is a fine thing... but it's not hitting the root of the problem. The punitive damages should be also directed towards the company who *pays* the spammer to send out this junk. If the spammer also happens to be the company who is selling the goods, well that's just too bad for them... shoot them with both barrels!

      There is now a (small) reason for spammers to consider a different line of work. It's time to make the scummy companies, who use the services of spammers, fear for their pocketbooks.

      Who knows, maybe after a few companies get hit with fines for hiring spammers, they'll start to fade away or go back to bulk mailing. It's like jailing people who hire hitmen to kill their spouses for the insurance. Sure, we put the hitman behind bars when we find them... but we also put away the scum who solicited the murder.

      Damn, how I hate spam! And that pink imitation meat stuff is pretty disgusting too!

      --
      I'm an individual! Just like everyone else!
    7. Re:$2000 dollar fine by tsg · · Score: 1

      What makes spam so attractive as an advertising method is that it's dirt cheap. Response rates of 10000 to 1 are acceptable because of it. If spam gets expensive, and fining spammers is a good way to make it expensive, it gets expensive for the company hiring the spammer. Low response rates become less acceptable so companies will find a better way to advertise.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
  3. "Interstate commerce"? What about international? by Istealmymusic · · Score: 2, Insightful
    I applaud the US judical system for approving and using such laws in America, but the whole world isn't the USA. We need a world-trade law, perhaps mandated by the WTO, to prevent spammers from breeding.

    Of course, there's always relays.osirusoft - a cross-referenced database of nearly all DNS blacklists.

    --
    "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
  4. Interstate commerce? by 403Forbidden · · Score: 4, Insightful

    Spam isn't interstate commerce, it's interstate harassment...

    Spam has never helped me in a monetairy way, and for me has nothing to do with products whatsoever...

    1. Re:Interstate commerce? by X-Dopple · · Score: 4, Funny
      You mean, you're skipping out on:

      • your penis being enlarged
      • an easy college diploma
      • losing 500 pounds in two weeks
      • FREE HOT XXX TEENS
      • making money very quickly
      • free Viagra

      What kind of a person are you?

    2. Re:Interstate commerce? by jeffy124 · · Score: 1

      Spam has never helped me in a monetairy way

      wait a sec.... does this mean you are a spammer, yet have not profited? what's wrong with this picture? i thought the plan was 1) spam, 2) ???, 3) profit!

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    3. Re:Interstate commerce? by mark_lybarger · · Score: 2, Funny

      sorry, i thought the order on this was a little out of place, i ususally see them in this order for some reason?

      * free Viagra
      * your penis being enlarged
      * FREE HOT XXX TEENS
      * losing 500 pounds in two weeks
      * an easy college diploma
      * making money very quickly

    4. Re:Interstate commerce? by jacquesm · · Score: 1

      and what about that mortgage that I could have renewed due to lowered interest rates about a thousand times by now ?

    5. Re:Interstate commerce? by Blkdeath · · Score: 4, Funny
      sorry, i thought the order on this was a little out of place, i ususally see them in this order for some reason?
      You might just have something here - I believe this order is inexplicably linked. Consider;
      * free Viagra

      First you get the Viagra.

      * your penis being enlarged

      Then your penis 'enlarges' ...

      * FREE HOT XXX TEENS

      ... which puts you in a position to, erm, 'service' said "XXX TEENS"

      * losing 500 pounds in two weeks

      I don't know about you, but if I had to keep up with the energy of several wet, horny teens I'd probably drop my spare tire in a big hurry!

      * an easy college diploma

      What with all the intellectual discourse you'll be having with these teens, a diploma should be a breeze!

      * making money very quickly

      Diploma = money. Like, duh?

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

  5. text of the article by Anonymous Coward · · Score: 0

    Saturday, October 19, 2002

    Spammer must pay $98,000
    Oregon man violated state law on unsolicited e-mails


    By CANDACE HECKMAN
    SEATTLE POST-INTELLIGENCER REPORTER

    A prolific e-mailer was ordered yesterday to pay more than $98,000 for flooding Washington computers several years ago with dubious offers to make money through the Internet.

    A King County Superior Court judge last month found that Jason Heckel of Salem, Ore., violated the state's law against sending misleading and unsolicited commercial e-mail that could not be traced.

    Yesterday, Judge Douglass North fined the 28-year-old Heckel the maximum penalty, $2,000, for one violation of the rule. The rest of the penalty is for state's attorneys' fees and court costs. The total is $98,197.74.

    The case, originally filed in 1998 after the state's anti-spam law took effect, was the first of its kind in the country. Similarly, yesterday's fine, the first of its kind, may set a standard for other cases pending against senders of unsolicited commercial e-mail.

    Heckel was found liable last month through a summary judgment, which meant that the state's evidence was so overwhelming that the case didn't have to go to trial.

    But because state attorneys did not have the opportunity to present their entire case to a jury, the judge ruled that Heckel violated the law based on one e-mail. The $2,000 penalty was for that one e-mail.

    Regardless, Heckel lawyer Dale Crandall said he plans to appeal. He argued that individual state laws against Internet spam violate the U.S. Constitution's protection of interstate commerce.

    "It would create a patchwork of laws that would be impossible to keep up with," Crandall said.

    Since Washington passed its anti-spam law four years ago, 26 states have followed suit.

    Washington's law does not make all spam illegal. Only e-mails that use a deceptive subject line, misrepresent the e-mail's origin or use someone else's domain name without permission are prohibited.

    Heckel's messages began with the subject lines, "Did I get the right e-mail address?" and "For your review-HANDS OFF!" And when consumers tried to reply to the e-mail, the message came back as undeliverable.

    The Heckel case developed a national profile as states and federal government tried to regulate activities over the Internet without restricting constitutional rights, such as free speech.

    In 2000, another King County Superior Court judge found the law unconstitutional, but the next year the Washington State Supreme Court upheld the law. The U.S. Supreme Court declined to hear Heckel's case on appeal.

    The protracted legal battle has increased costs on both sides of the issue. The state yesterday was awarded two-thirds of the fees it asked for.

    It's unclear whether Heckel made enough from his Internet enterprise to pay the fees and fine. His business involved selling pamphlets on making money through the Internet.

    His attorneys will not comment on whether he can pay the court judgment. But the Washington Attorney General's Office maintained in its lawsuit that Heckel sold an average of 30 to 50 pamphlets a month at $39.95. State lawyers say Heckel sent 100,000 to 1 million e-mails a week for about a year.

    Attorneys argued that Heckel sent as many as 20,000 e-mails to Washington residents in 1998. The state asked for $20,000 in fines for multiple violations.

    Still, the state is not expecting someone to cut a check soon, said Cheryl Reid, spokeswoman for the Attorney General's Office.

    "The most significant victory is that the law has been upheld," Reid said. "The law allows people themselves to take spam cases to court."

    This report includes information from The Associated Press. P-I reporter Candace Heckman can be reached at 206-448-8348 or candaceheckman@seattlepi.com

    1. Re:text of the article by The+Tyro · · Score: 1

      the "Delightfully Named" Mr. Heckel (to shamelessly borrow a phrase from OpinionJournal.com's "Best of the Web Today")

      Heheh... I can't believe that's actually the perp's name.

      Too funny.

      --
      Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
    2. Re:text of the article by AntiNorm · · Score: 2

      His attorneys will not comment on whether he can pay the court judgment. But the Washington Attorney General's Office maintained in its lawsuit that Heckel sold an average of 30 to 50 pamphlets a month at $39.95. State lawyers say Heckel sent 100,000 to 1 million e-mails a week for about a year.

      100,000 to 1 million emails a week...let's say 500k. 500k emails a week is 2 million a month, for fifty responses? That's one response per 40000 emails. .0025%. I know I'm just stating the obvious, but why bother? Especially when, as in this case, you only make $2000 a month. Come on, get a real job. It's like telemarketing -- you'd make just as much money, if not more, and you wouldn't be pissing 99% of the world off if you'd just find a better job.

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    3. Re:text of the article by Hanno · · Score: 2

      Come on, get a real job.

      You are ignoring the spammer's logic. He got something (1000 to 2000$/month, according to those numbers) for basically doing nothing at all.

      It's like telemarketing

      Exactly. I still wonder why telemarketing is still so big in the US. "But it works" say the marketing people, but yet the only thing everybody agrees on is that it sucks.

      --

      ------------------
      You may like my a cappella music
    4. Re:text of the article by Hanno · · Score: 2

      As a follow-up to this, I just found this in Google:

      http://groups.google.de/groups?selm=36332314.73146 95%40news.newsguy.com

      --

      ------------------
      You may like my a cappella music
    5. Re:text of the article by Blkdeath · · Score: 2
      Exactly. I still wonder why telemarketing is still so big in the US. "But it works" say the marketing people, but yet the only thing everybody agrees on is that it sucks.
      If it didn't work (telemarketting or SPAMming), people wouldn't do it. I make a point of both ignoring all such intrusions into my life by these people, but I try to educate all my family and friends about doing the same thing. Nothing drives me more insane than when my mother or sister forward one of these nonsensical e-mails on to me, except maybe when I see their entire address books in the To: or CC: fields.

      Up until a couple weeks ago, my mother was convinced that Bill Gates would, in fact, send her a cheque for $240 (or so) for every e-mail she forwarded, in the interests of beta-testing a new version of Outlook Express - when she doesn't even USE Outlook Express!

      I know some people may feel bad about it ("They're just trying to make a living!" they tell me - well, I'm sorry, but I make a decent enough living without professionally annoying hundreds of people per day), but I try my best to make telemarketers actually feel bad about themselves. I talk down to them, I insult them, I chastize them, and then I demand that they remove me from their calling lists and threaten them with the CRTC (Americans; think FCC).

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

  6. justice... by 10+Speed · · Score: 2, Interesting

    "The most significant victory is that the law has been upheld," Reid said. "The law allows people themselves to take spam cases to court."

    lets hope more people take advantage of this...

  7. $96000 Costs....? by Querty · · Score: 5, Funny

    $98000 - $2000 = $96000

    That means the lawyers cost $96000.... $96000.... 96000 M.F. Dollars!

    Ok, that does it, I'm sending in my application to Yale right now!!!

    1. Re:$96000 Costs....? by Anonymous Coward · · Score: 0

      what is "M.F. Dollar"

    2. Re:$96000 Costs....? by Anonymous Coward · · Score: 0

      mother fucking I believe the unemployed slashdotter ment

    3. Re:$96000 Costs....? by Anna+Merikin · · Score: 2, Informative

      $96000 (US) was only two-thirds of the cost, according to the article.

    4. Re:$96000 Costs....? by Anonymous Coward · · Score: 0

      If you read the article, that amount is over *4 years* of legal proceedings through a few level of courts. $24,000/year on a straight line...

      But that $96,000 was 1/3 less than the asked for($144,000), so it would be $36,000 a year. Stay in IT. ;)

      I am glad there are consequences for spammers, even if it is 1 in 100,000. Some spammer will get their ticket punched...

    5. Re:$96000 Costs....? by Querty · · Score: 1

      subtle, no

      correct, yes

      and no, I'm thankfully not unemployed ;-)

    6. Re:$96000 Costs....? by phorm · · Score: 1

      And polite enough not enough to swear outright except in abbreviation. Much appreciated, despite some others arguements, thanx

    7. Re:$96000 Costs....? by nlvp · · Score: 2
      Dont forget it took them 5 years to get paid... the case was originally filed in 1998, so...

      $96000 / 5 = $19200 per year

      so depending on how many resources were required to deal with the case, this doesn't seem all that ridiculous to me (surprisingly enough).

      But then they'll turn it into a blockbuster movie and the cash will come rolling in.

  8. And he didnt profit :) by NiGHTSFTP · · Score: 3, Insightful

    Hopefully this will deter future spammers.

    The guy only made like 600 bucks. ... Then lost it :)

    --
    http://www.angryburrito.com/ The best, completely unfinished software review site ever.
    1. Re:And he didnt profit :) by Anonymous Coward · · Score: 0

      hey nights, what's up? it's 404notfound from DCEmu... i was wondering why someone would have angryburrito in their signature.

    2. Re:And he didnt profit :) by NiGHTSFTP · · Score: 0, Offtopic

      Jesus, small world :)

      Yeah, I used to whore my site out. It's down since my old host dropped me :(

      I'll be recreating it to its fullest, sometime in teh future.

      --
      http://www.angryburrito.com/ The best, completely unfinished software review site ever.
    3. Re:And he didnt profit :) by sakeneko · · Score: 1
      Hopefully this will deter future spammers.
      The guy only made like 600 bucks. ... Then lost it :)

      :-)) It won't -- remember Rule #3.*

      *Rule 3: Spammers are stupid.

      But I don't care. It feels SO GOOD! to see a boiler-room sleazeball loose $100K. :>

    4. Re:And he didnt profit :) by itwerx · · Score: 3, Informative

      The problem is enforcing the judgement...
      All he has to do is ignore it and they can't do anything without a prolonged legal wrangle with the courts in his state.
      Assuming they work through that he'll have to pay some sort of contempt of court fine (a few grand at most) but he can dodge the rest simply by declaring bankruptcy and reopening under a different name.

    5. Re:And he didnt profit :) by sakeneko · · Score: 2, Interesting
      Assuming they work through that he'll have to pay some sort of contempt of court fine (a few grand at most) but he can dodge the rest simply by declaring bankruptcy and reopening under a different name.

      Last I heard, court judgements and fines of this type were non-dischargeable in bankruptcy proceedings. But otherwise, I agree that if he stays poor enough, never buys a house, and never gathers any significant amount of assets, there isn't much that the court can do.

      That isn't how most people want to live, though. :)

    6. Re:And he didnt profit :) by mark_lybarger · · Score: 1

      yeah, i'd prefer to lovingly give over $98k to mostly some attorney gus driving their mercedes...

      the thought alone makes standing at the counter of McD's selling hot crappy coffee and pieces parts burgers (term used very loosly) sound quite nice.

    7. Re:And he didnt profit :) by itwerx · · Score: 2

      I am not a lawyer, but I believe that if the suit is against the corporation, rather than the individual, it really doesn't affect him. The corporation is a legal entity unto itself. It disappears, the judgement becomes a piece of paper in a file somewhere and the spammer carries on unphased.
      Unless, of course, he filed as a sole-proprietorship or in some other way screwed up when he was filing. We can only hope... :)

  9. Good! by Tar-Palantir · · Score: 5, Interesting

    UCE is bad enough alone, but this jerk was sending spam with bad return addresses and deceptive subject lines. I mean, commercial email with subjects "Did I get the right email address?" to trick the user into opening it? That's just scummy.
    Obviously, this guy got the _wrong_ email address. Go Washington!

    1. Re:Good! by Anonymous Coward · · Score: 0
      Those get first priority for LARTs from my spamtrap [hotmail.com] account.

      ~~~

    2. Re:Good! by Anonymous Coward · · Score: 0

      UCE? Un something Email? I hope you don't think that solicited starts with a c?

    3. Re:Good! by Anonymous Coward · · Score: 0

      I love trolls.

      Unsolicited Commerical Email.

      U fucking C fucking E.

      Yeah baby.

    4. Re:Good! by Anonymous Coward · · Score: 0

      What I want to know is what he/she thought the U stood for, and hell, what the C stood for. Unless it got U & C backwards, I could see that. "Well pussy and ass are both round, I just got confused!"

    5. Re:Good! by pilot1 · · Score: 1

      Finally someone got punished for spam! And they had to pay $98,000 for it too, serves them right.

  10. Cash now! Ask me how! by efedora · · Score: 5, Funny

    He shouldn't have any problem paying the fine.
    After all, he got rich on the Internet and you can too.

    1. Re:Cash now! Ask me how! by Jucius+Maximus · · Score: 5, Insightful
      "He shouldn't have any problem paying the fine. After all, he got rich on the Internet and you can too."

      According to the article, he sold pamphlets for $40 in quantities of 30-50 per week for about a year. This was while sending 100K to 1M e-mails per week. So, at best, he's getting a 0.04% response rate.

      Doing the math assuming an average for 40 sales pe week, he made $1600/wk, or $83,200 per year before expenses.

      Since the fine is $98k, his losses, before expenses, are $14,800. Ha ha! Spamming doesn't pay!

    2. Re:Cash now! Ask me how! by fungus · · Score: 2

      Are you telling me I can make 83,200$ US a year just working one hour a day, sending millions of emails?

      Where do I sign up?

    3. Re:Cash now! Ask me how! by Anonymous Coward · · Score: 0

      2 doors down from the "Fuck my ass, I'm an ass"; trust me, those 2 doors make it worse...

    4. Re:Cash now! Ask me how! by gnuber · · Score: 1
      Doing the math assuming an average for 40 sales pe week, he made $1600/wk, or $83,200 per year before expenses.

      No, the article says "30 to 50 pamphlets a month". Assuming 40/month, his take is under $20K/year. And for that he annoyed a huge number of people -- at least 5 million mails were sent according to the article. Go Washington!

    5. Re:Cash now! Ask me how! by B4tm4n · · Score: 2, Insightful

      Hmmm.. Based on that logic we should all quit speeding too.

      If the expected conviction rate of all spammers is say oh... 1 of 100 (ridiculuously conservative) then some Joe looking to get into the spam business is looking at this kinda math:

      $98000 fine per conviction * 1% probability of fine conviction = $980 expected fine per year say.

      Or alternatively, if he spams for 100 years he'll get caught once and we would have a warchest more than good enough to cover that. I'd consider that as a cost of doing business.

      Do you think we're convicting even a tenth of 1% of the bastards? Not.

      The business case is there. That's why SPAM is growing at as fast a rate as ever. I knew a guy who was supplying spammers boxes at $1000 a shot, preloaded like a bomb to fire off a million or so SPAMs. Ship it somewhere, hook it up to a phone, it dials, spams and then forget about it. He did that a few times a week. Absolutely brutal. The fine should have been hard time or 10-50x the fine. Deterrence is about ruining the business case of being a criminal. Make the risk to high and they'll find something else to do.

    6. Re:Cash now! Ask me how! by tsg · · Score: 1

      $83,200 per year before expenses.

      One wonders if the IRS knows about this....

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    7. Re:Cash now! Ask me how! by schon · · Score: 2

      Based on that logic we should all quit speeding too.

      What you're missing is that this isn't at all like speeding...

      With speeding, you are only caught if there is a cop nearby..

      with spam, you either have a bad recipient address (in which case, there isn't anyone to complain), or there was a victim, who recieved the spam.

      Perhaps a better (though not perfect - see below) analogy is "well, we had better stop mugging people, and giving them our addresses afterwards"

      If the expected conviction rate of all spammers is say oh... 1 of 100 (ridiculuously conservative) then some Joe looking to get into the spam business is looking at this kinda math:

      In order for there to be a conviction there has to be a criminal trial.

      This is not criminal law, this is civil law - which means that the victim sues the spammer. Once people know they can get $2000 plus court costs per spam, the 'cost of doing business' gets VERY high, VERY quickly.

  11. Re:"Interstate commerce"? What about international by GigsVT · · Score: 4, Funny

    Hmm, let's see, world government with unprecedented powers or wasting a couple minutes a day deleting email out of my box.

    Hard choice.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  12. Problem with the decision by InterruptDescriptorT · · Score: 4, Interesting

    The basic problem with the decision is that it's simply not punitive enough.

    Let's face it: The amount of people that can see a message when sent via e-mail is a hell of a lot more than any advertiser could hope for via any other medium. And a $100K judgement, I believe, isn't enough incentive to stop anyone from spamming.

    Besides, the real problem with spam tends to lie overseas, out of the reach of the US justice system. Most of the spam I receive day in, day out seems to originate from the Orient--China, Hong Kong, Indonesia, etc.

    While I applaud the decision here at home, I wonder what sort of effect it will ultimately have on curbing the spam problem. Sadly, I don't think it's going to make even the smallest of dents.

    My $.02, anyway...

    --
    Karma: Excellent Birds (mostly as a result of listening to Laurie Anderson)
    1. Re:Problem with the decision by Monkey-Man2000 · · Score: 2, Insightful

      out of the reach of the US justice system

      I didn't know there was such a thing.

      --
      This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
    2. Re:Problem with the decision by Idarubicin · · Score: 5, Insightful
      Besides, the real problem with spam tends to lie overseas, out of the reach of the US justice system. Most of the spam I receive day in, day out seems to originate from the Orient--China, Hong Kong, Indonesia, etc.

      Exactly correct--the spam you receive seems to originate overseas. Actually, much of it is coming from hucksters in North America. They're just bouncing their pitches off open relays overseas.

      --
      ~Idarubicin
    3. Re:Problem with the decision by vegetablespork · · Score: 3, Interesting
      They're just bouncing their pitches off open relays overseas.

      And hosting their sites in the PRC or Korea, where they're basically untouchable. The godless communists (plus the South Koreans) get hard currency, and the spammers get "bullet proof hosting." Time for a cable cut, and soon.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    4. Re:Problem with the decision by Anonymous Coward · · Score: 0

      Time to send a few Tomahawk cruise missiles and B-2s the way of Beijing, Seoul, and a few other cities....

    5. Re:Problem with the decision by Anonymous Coward · · Score: 1, Funny

      Calm down, W.

    6. Re:Problem with the decision by Anonymous Coward · · Score: 0

      Don't forget Nigeria too!

    7. Re:Problem with the decision by Anonymous Coward · · Score: 1, Interesting
      And hosting their sites in the PRC or Korea, where they're basically untouchable. The godless communists (plus the South Koreans) get hard currency, and the spammers get "bullet proof hosting." Time for a cable cut, and soon.
      Actually, that doesn't really matter. If they are trying to sell goods and services in the United States, then (apart from the Nigerian President's Brother's-in-Law Cousin) it is likely that they are in the U.S. and subject to U.S. law.
    8. Re:Problem with the decision by Anonymous Coward · · Score: 1, Interesting

      Right, but getting their sites shut off, much less finding out who's paying for them, becomes a rather difficult task when they're shielded by rogue nations. Cutting off the flow of money to the merchant account works, but isn't usually fast enough to make a difference with respect to spam.

    9. Re:Problem with the decision by m0i · · Score: 2, Interesting

      Exactly correct--the spam you receive seems to originate overseas. Actually, much of it is coming from hucksters in North America. They're just bouncing their pitches off open relays overseas.

      Well, not according to SpamCop.
      Most come from Europe/Asia, except for the Hotmail spam (now that's weird, isn't it?).

      --
      have you been defaced today?
    10. Re:Problem with the decision by Anonymous Coward · · Score: 2, Insightful

      Errr... You do realize that spamcop reports what _it_ thinks is the origin? Most spammers that use Korean open relays use an anonymizing proxy in between, making it _appear_ to come from a place geographically distant from the true insertion point even after you discount the abused open relay.

      But even without the "where did it really originate" argument: looking at the statistics I draw up each month for my employer, based on detected spams (I think we catch some 80% of it by the way), the vast majority comes from the States, and the vast majority of that vast majority comes from just a handful of spammers (jackpot.com, oin70.com and whatever their domain-of-the-week is). They just keep on pumping the spam even though we've been rejecting it for months (one spammer has been ignoring his target being unreachable since 1996, and I've got 4,000 spam attempts on file from that single spammer to a single recipient).

    11. Re:Problem with the decision by letxa2000 · · Score: 1
      My Sendmail server already hangs up as soon as it sees an IP address coming from South Korea. They might have 67% broadband penetration, but none of them are going to use my mail server.

      I haven't had TOO bad luck with China. As long as you hang-up ony any incoming email that mentions btmail.cn (or whatever) you won't get much from China.

    12. Re:Problem with the decision by Anonymous Coward · · Score: 0
      Actually, much of it is coming from hucksters in North America. They're just bouncing their pitches off open relays overseas.
      American spammers are even dumber than I thought.
      Bounce it off chinese servers, OK, but that doesn't mean you have to send it in Chinese like all that crap I'm receiving.
    13. Re:Problem with the decision by Anonymous Coward · · Score: 0

      Why does Bush need Iraq as a war scenario? If he'd bomb East Asia over Spam, it would actually be a war that makes sense. Plus, China DOES have nukes, unlike Iraq. And it's a bloody dictatorship too.

      But that would make too much sense.

  13. Re:"Interstate commerce"? What about international by sam_handelman · · Score: 4, Insightful

    mandated by the WTO, to prevent spammers from breeding.

    Yeah, we need an unaccountable, basically secret organisation of corrupt career beurecrats to have the power to fine people for sending messages out that someone doesn't want to recieve. What a wonderful plan! I'm sure their abuses of authority will be central to any calls to overthrow all world government via armed struggle over the course of the next century - since peaceful progress is for pussies, I support this plan wholeheartedly. Also, we should give the WTO the authority to try and execute journalists and peace corps volunteers.

    How's about this - everyone sign an anti-spam treaty, and then make it enforceable in the courts with local jurisdiction over the spammer, regardless of were the spam went. The WTO would be guaranteed to clamp down on any spammer that wasn't part of their clique, so you miss something in enforcement, but at the very least you have a direct guarantee (which ought to be explicit in the treaty) that this power won't be used to stifle public participation or the like.

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  14. Wow... by darkov · · Score: 4, Funny

    They were right after all - you can make money from spam!

    1. Re:Wow... by manly_15 · · Score: 1
      you can make money from spam!
      I remember seeing this article about mapping where spam comes from, but I've never been able to find out information on how effective spam is in terms of sales. While most spam mailers boast large email lists, they never seem to say what the financial return is. Are there any /. readers out there who are sucessfully using spam as a marketing tool for their company? Or are the only ones getting any money the spam marketers themselves?
    2. Re:Wow... by adius · · Score: 0

      Do the math, the more people you reach, the more you will sell. (Also depends on product).And, if you are using a targeted mailing list the results will be higher. I know a spammer that lives down the street,.. trust me, they do make money. He does an average of .5% - 1% from his mailings, with a targeted list.

  15. hmmm by Britissippi · · Score: 3, Funny

    So I wonder how much Bernard Shifman Would have to cough up.....

    --
    Meow meow meow meow, meow meow meow meow...
    1. Re:hmmm by cecil36 · · Score: 2

      I wouldn't know. It appears Bernie learned his lesson by now. Neil Schwartzman hasn't updated his site since the middle of Feburary.

      You don't suppose that Shifman finally got a clue and decided to don a McDonalds hat and flip burgers to pay his bills?

  16. Follow the rules. by BrookHarty · · Score: 5, Funny

    Henkel's lawyers say they'll appeal on the basis that Washington's law violates the constitutional protection of interstate commerce."

    Nobody is stopping him from interstate commerce in Washington state, he just cant be deceptive. Oh the horror.

    1. Re:Follow the rules. by Anonymous Coward · · Score: 0

      Not only that, but there is nothing in the Constitution that protects our "right" to interstate commerce. It says Congress has the power to regulate interstate commerce but it doesn't say that it must be allowed at all.

  17. Re:How will billg make out? by GigsVT · · Score: 2, Funny

    I hope some of the spam went to Bill Gates... His net worth has been hurting lately, after all.

    Didn't you know? Bill Gates sends tons of spam. It's how he recruits beta testers for Windows.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  18. Sue spammers, pay $7000 for THEIR legal fees by Lumpish+Scholar · · Score: 5, Informative

    Joel Hodgell brought a spammer to court under Washington state's anti-spam law. Did he collect? No, his case was dismissed (the reasons aren't clear), and then the judge "imposed a $6,925 judgment against Hodgell to compensate ... the spammers' lawyer". The state law is facing inconsistent application; some judges don't think a state law can be used on out-of-state residents, others refuse to hear it in small-claims court, despite a published opinion by the state's attorney general. News.com has a story on this and other cases.

    --
    Stupid job ads, weird spam, occasional insight at
    1. Re:Sue spammers, pay $7000 for THEIR legal fees by Anonymous Coward · · Score: 1, Interesting
      Another corrupt, incompetent judge sitting on the bench. What a surprise.

      ~~~

  19. spam.... by wolfgang_spangler · · Score: 5, Informative

    I know it bothers a lot of people...but I mean come on..

    MIMEDefang + MCaffee (enter favorite virus scanner here) + Spamassassin makes the spam and viruses pretty much go away.

    And here is a great HOWto by Mickey Hill on making it all work together.

    Legislation is not going to solve this problem, and only ties up our courts/government with drivel. As many people have mentioned, how is this going to work with international spammers? It's not. Just kill the spam.

    1. Re:spam.... by wolfgang_spangler · · Score: 1

      Not to pick holes in my own argument....

      While the above solution that I presented works great (I think) I didn't take into account the fact that you still must download the spam and process it via these rules, this takes up bandwidth and processing power. This point was made in some later posts.

      However that kinda stuff is a necessary evil I think. If the port is open then I am willing to accept data on it. I still believe legislation is not the answer, now informing the ISPs where the spam is coming from may be a good solution since it is almost always against thier acceptable use policies. We just don't need more laws, we need to spend more time enforcing the ones we have.

    2. Re:spam.... by EvilStein · · Score: 3, Interesting

      SpamAssassin works great (and it's www.spamassassin.org now, btw..) but spam still gets through. It's still creating a load on my mail server.

      Spammers find ways around filters. Notice that they're using l33t sp33k now? I get very short 2 line spams for "h0t r@pe sit3s" now that just slip right by SpamAssassin.

      It's a game that they play. *Some* sort of legislation works. At least it gives Joe Average a way to fight back and go after spammers. The ISPs can go after spammers and recoup damages, if any occured.

      I'm sick of having to build walls just to keep idiot spammers out. I have other things that I'd rather spend time on.

    3. Re:spam.... by wolfgang_spangler · · Score: 2

      Yeah, it isn't a silver bullet. But rules can be added to foil any new spam. I agree with you that it is annoying to have to do, but I'm a sysadmin, I spend a lot of my day fixing annoying problems :)

  20. Re:this war on spam is silly by Anonymous Coward · · Score: 0
    Personally I have a fealing this whole case will be thrown out of court

    Well Mr. Spelling Genius, I'm sure with your extensive background in law that you know these things better than me, but it really looks like this guy can't afford the lawyers necessary to appeal.

  21. Re:"Interstate commerce"? What about international by sakeneko · · Score: 5, Informative
    I applaud the US judical system for approving and using such laws in America, but the whole world isn't the USA. We need a world-trade law, perhaps mandated by the WTO, to prevent spammers from breeding.

    It's been a long day -- I read this and had a mental picture of a law that required all spammers to use condoms.... ;)

    On a more serious note, international law isn't up to dealing with spam and spammers yet, and I don't think it will be any time soon. It can't even deal with terrorism and terrorists effectively. :/

    Of course, there's always relays.osirusoft [osirusoft.com] - a cross-referenced database of nearly all DNS blacklists.

    Osirusoft is an excellent resource, but it doesn't contain anything even close to all of the available anti-spam blacklists. MAPS is pretty irrelevant these days, but don't forget the DSBL , Five-Ten-Sg , Monkeys.com , RFC-Ignorant , and Wirehub , all of which are publicly queryable and none of which are mirrored by Osirusoft.

    There are a whole bunch of other blacklists out there, as well. Not all are well maintained and not all have consistent policies about which IP ranges or domains get listed and how a domain can be removed, though, so I stick to the established ones.

  22. What about SnailMail spam? by Salubri · · Score: 2, Insightful

    Everyone gets upset about e-mail spam, but there is one thing that you have to take into account. Every day thousands of companies are sending americans unrequested commercial solicitations via the USPS.

    Now, here becomes the question... are spammers protected by the same laws that enable companies to send you junk mail? If they are then it's something you just have to delete every day, like throwing out junk mail. If not, can those companies that send junk-mail be fined on similar grounds?

    Something slightly thought-provoking if you think about it.

    --
    ----- I want my LART.
    1. Re:What about SnailMail spam? by vegetablespork · · Score: 2, Insightful

      Except that it doesn't cost me anything to receive junk mail sent via the USPS. On the other hand, the receiver (no, not the one at goatse) pays for the bandwidth and storage used to transmit spam.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    2. Re:What about SnailMail spam? by Anonymous Coward · · Score: 0

      One thing: Junk mailers have to pay to send you their crap. Spammers don't.

    3. Re:What about SnailMail spam? by Road · · Score: 2, Insightful

      Now, here becomes the question... are spammers protected by the same laws that enable companies to send you junk mail? If they are then it's something you just have to delete every day, like throwing out junk mail. If not, can those companies that send junk-mail be fined on similar grounds?

      No, and here's why. I dont have to pay anything to recieve junk snail mail. Many many people have to pay to recieve spam. It's not just you spending money on your internet connection, it's also your provider who has to pay for more bandwidth, and the backbone providers as well.

      The bottom line is that spam costs a lot of money.

    4. Re:What about SnailMail spam? by vegetablespork · · Score: 2, Interesting
      That's an interesting argument, but the direct mailers say that it's the other way around--that bulk mail revenue makes relatively low first class rates possible. (Of course, UUnet, Verio, and other "pink" ISPs could be using the model you describe.)

      Do you know of any hard figures that support either conclusion?

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    5. Re:What about SnailMail spam? by rant-mode-on · · Score: 3, Insightful
      • No, and here's why. I dont have to pay anything to recieve junk snail mail.
      Whilst that's accurate, its not the whole story. Last time I checked, garbage collection was not free. So yes, it does cost me money.
    6. Re:What about SnailMail spam? by Road · · Score: 1

      Thats why I throw all my garbage in my employers garbage can. All I cant route to /dev/null that is :)

    7. Re:What about SnailMail spam? by dacarr · · Score: 5, Informative
      Consider though the other comments mentioning that you don't pay to receive snail-junk.

      Now consider another thing: not only do you get it for free, but the sender is spending exorbiant amounts of money on their junk mail! There's the cost of typesetting, printing, binding, and then there's the postage, which is a minimum of US$.15 per article. So let's say it is going to cost them US$.20 (20 cents) per mailer.

      Take for instance the perennial Pennysaver, which is broadcast to everybody with an address. Harte-Hankes, their owner, is broadcasting this to every resident with a postal address, General Delivery addresses excepted, once per week. Now lets consider that in Anaheim, CA there are around 350,000 people covering 11-12 zip codes. In short, Harte-Hankes is spending US$70,000 per week to send a circular - that's US$3,640,300 PER YEAR in postage for the circulars alone, including the $150 fee for the permit to send bulk mail and another $150 fee for a permit to send the mail with a "postage paid" indicia on it (in lieu of a stamp or meter mark). That's in Anaheim ALONE, so you can imagine how much it costs to send these out once per week throughout the United States. It is on this kind of stuff that your mailman is making his bread and butter - you think your $.37 stamp for sending off the money to the phone company is keeping him fed?

      So now that we have established that companies who spam your snail mail box spend exorbiant amounts of money in merely dropping this stuff at the post office, let's consider how much a spammer spends on his spam run:

      $19.95 per month for his internet connection on a reputable ISP

      $300 for a mass-mailing package if he gets one from another spammer

      $600 on a decent computer with the latest greatest Windoze version

      So this guy made a one-time go of $900, and if he is lucky he'll spend a total of $39.90 because his ISP overlooks him for a month. (Or worse, he has a contract that exempts him from the TOS rules and is perpetually on until somebody sues his ass blue.)

      So this guy is making a trivial investment and gets to distribute the cost of his stupidity over the entire 'net.

      More information can be found on the United States Postal Service website, and postage rates for US Domestic mail can be reviewed by looking at a PDF of USPS Notice 123 (WARNING: PDF LINK).

      --
      This sig no verb.
    8. Re:What about SnailMail spam? by sakeneko · · Score: 2, Insightful
      This is a bad argument. IT DOES COST YOU O RECEIVE FROM THE USPS. Just slightly indirectly. The USPS effectively subsidized junk mail with your 1st class postage. They basically piggyback spam into your normal mail.

      Actually, as I understand it, junk mail slightly subsidizes first class. It is not subsidized by first class or any other class of mail.

      The costs to receive junk postal mail are indirect, although real. In my case, it costs two dollars a month for a slightly larger rented mailbox, a little electricity to run my shredder for all the credit card offers (which cannot be safely thrown away unopened, as I do most junk mail), slightly higher rent to pay for an additional trashcan for the apartment complex to accomodate the extra trash....

      And the real cost to me, which is the time wasted to deal with it. :/ It doesn't annoy me as much as telemarketing calls, and nowhere near as much as spam, but it is an issue.

    9. Re:What about SnailMail spam? by macrohard0 · · Score: 0
      Now, here becomes the question... are spammers protected by the same laws that enable companies to send you junk mail?

      There are no such laws. There just aren't laws forbidding it.
    10. Re:What about SnailMail spam? by Weirsbaski · · Score: 0

      This is a bad argument. IT DOES COST YOU O RECEIVE FROM THE USPS. Just slightly indirectly. The USPS effectively subsidized junk mail with your 1st class postage. They basically piggyback spam into your normal mail.

      I thought bulk (junk) mail was subsidizing 1st class postage. Bulk mailers do a bunch of the work (sorting by zip code, adding zip-code bar-code-strips, etc) themselves, in order to get the lower rates.

      --

      I am not a sig.
    11. Re:What about SnailMail spam? by randmairs · · Score: 1

      I greatily reduced the number of snail mail spams by submitting my name and address to the Direct [Tele-] Marketing Association lists. Information can be found here:

      http://www.dmaconsumers.org/consumerassistance.h tm l#mail

    12. Re:What about SnailMail spam? by user+no.+590291 · · Score: 1

      Sounds like a copout to me. That still doesn't imply that first class mail subsidizes bulk mail monetarily.

    13. Re:What about SnailMail spam? by Anonymous Coward · · Score: 0

      Actually, its the other way around.. the costs to bulk postal mailers PER PIECE actually subsidize regular letter mail.. Junk POSTAL mail actually benefits the average joe..

      If it wasnt for junk postal mail, letters might cost more than a dollar or two to deliver, if the USPS could even stay in business at all..

      Since spammers do NOT pay per-piece, they just pay the same $20/month (if they pay at all, instead of using fake CC numbers/etc)..

      So average joe sends 20 mails per month, pays $20
      Spammer sends a million mails, pays $20.. ISP's server is overloaded, they have to raise their price to $24 to cover the costs of a new one..

      Whose absorbing the costs now?

  23. Re:this war on spam is silly by Road · · Score: 0

    This comment is not a troll. You may disagree with his point, but it is valid. Perhaps you need to re-read the moderator guidlines.

  24. Dear God! by Hott+of+the+World · · Score: 5, Funny

    Won't someone think of the Nigerians!

    --
    | - | - |
  25. No, it's your argument that's silly by shadowj · · Score: 5, Insightful
    Suing someone for sending spam to a state where it is illegal is complete hogwash. It would be as if one state made television commercials illegal and a person happened to pick up a frequency comming from another state.

    You may think it's silly, but it's the law. All law is location-based... think about it! By your logic, you couldn't prosecute someone for transmitting child porn because he can't be sure of the location of the recipient (whether that should be prosecuted or not is another question, and one that I won't debate here; it's clear that it can be prosecuted, which is what counts).

    If there's a risk of breaking the law, the onus is on the perpetrator to ensure that he's sending his stuff only to places that he's allowed to send it. The fact that it's hard to do that isn't the law's problem... maybe that'll give the spammers a little less incentive to spam in the first place.

    --

    --Larry

    Never attribute to malice that which is adequately explained by incompetence

    1. Re:No, it's your argument that's silly by shadowj · · Score: 1
      This spammer has a good case on appeal. Sending spam is commerical activity designed to induce an interstate financial transaction. A State law that restricts this is probably a violation of the US Constitution.

      Perhaps, but that wasn't GoatPigSheep's point. By his logic, you couldn't prosecute under the federal law, either, and that's what I was trying to clarify.

      --

      --Larry

      Never attribute to malice that which is adequately explained by incompetence

    2. Re:No, it's your argument that's silly by phorm · · Score: 2

      I think this might only apply to prestablished business relationships or a researched target audience?

      It would be very hard to prove that promoting penile enlargment to somebody's 70-yr-old widowed granny or a 13-yr-old with a hotmail account would be considering a viable commercial activity.

  26. Commerce? by elmegil · · Score: 2

    Since when is SPAM "commerce"?

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    1. Re:Commerce? by forkboy · · Score: 2

      Since it started offering a product or service in exchange for money. Ethical and legal issues aside, spam is most certainly commerce. So is drug trafficking. So is prostitution.

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
    2. Re:Commerce? by LMariachi · · Score: 2
      No, deceptive advertising is not commerce. Commerce doesn't occur until you place an order for what's being advertised.

      The spammer's argument is ludicrous; if it held any water, you could fire bullets over state lines as long as you engraved "EAT AT JOE'S" on them first.

    3. Re:Commerce? by forkboy · · Score: 2

      Advertising is an attempt to make commerce take place.

      Firing bullets over state lines, as a form of advertising or not, is illegal in and of itself.

      I'm not saying I'm siding with the spammer, his actions were illegal as far as I'm concerned. Spammers should be separated into component atoms and scattered about the galaxy. But it was still commerce, or at least an attempt to make it take place. (i.e. get people to buy his shit)

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
    4. Re:Commerce? by reflector · · Score: 2

      I'm not saying I'm siding with the spammer, his actions were illegal as far as I'm concerned. Spammers should be separated into component atoms and scattered about the galaxy. But it was still commerce, or at least an attempt to make it take place. (i.e. get people to buy his shit)

      you'd have to look more closely at the wording of the law, but it looks like, no, it is not commerce. there was no exchange, and the people who are suing the spammer, obviously, are not interested in any such transaction taking place.

      the state court couldn't regulate transactions of any people who did do business with the spammer, but those that sue him in court and don't want to buy anything from him can't be regarded as having engaged in commerce.

    5. Re:Commerce? by willybur · · Score: 2

      Read up on Gibbons v. Ogden.

      To quote Mr. Chief Justice Marshall:
      "Commerce, undoubtedly is traffic, but it is something more; it is intercourse. It describes the commerical intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse."

      To quote Mr. Justice Johnson:
      "Commerce, in its simplest signification, means an exchange of goods; but in the advancement of society, labour, transportation, intelligence, care, and various mediums of exchange, become commodities, and enter into commerce; the subject, the vehicle, the agent, and their various operations, become the objects of commercial regulation. Ship building, the carrying trade, and propagation of seamen, are such vital agents of commercial prosperity, that the nation which could not legislate over these subjects, would not possess power to regulate commerce."

      --

      --
      "Everybody wants a rock to wind a piece of string around." - They Might Be Giants, "We Want a Rock"
    6. Re:Commerce? by elmegil · · Score: 2

      spam does not propagate any of thoes things, and is in it's one-way nature not any kind of exchange.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    7. Re:Commerce? by elmegil · · Score: 1

      You might just as well cite flyer posting as "commerce" and "post no bills" signs and laws as interfering with commerce.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  27. Not unless you're an ISP by global_diffusion · · Score: 4, Interesting

    I've had a bunch of spammers faking their headers so that it looks like the spam is coming from my website. This pissed me off, so I tracked them down until I found that one of the losers lived in Ohio. Since I live in Washington, I looked up the law to see how much money I could make off the guy. Unfortunately, an individual can only sue for $500. Considering the amount of effort I was going to have to put into the case, I decided not to sue (just sent a letter telling him that I could) because I could easily make over $500 in the time I would spend on the case. If I were an ISP or served my own mail, I would have gone after him because ISPs/hardware-types can sue for around $1000.

    So yeah, you can make money, but the only way to actually make good money would be if you were an ISP (because you could sue every US spammer that sent email to a user). Individuals like me are better off getting a job :(

  28. Stopping International Spammers by sakeneko · · Score: 5, Insightful
    What about international spammers? Is there any way to stop them?

    There are good ways to slow them down considerably right now -- spam filters, blacklists, etc. These have made it significantly harder for spammers to get their email to their targets/victims, and reduced abysmally low response rates even further.

    However, stopping spammers or any other kind of criminal entirely isn't possible. Despite the clear laws and effective enforcement, people still kill other people, steal their property, etc. What the laws and enforcement do is make it dangerous to commit crimes, and deter most people who might otherwise do so.

    Before you can deter a spammer in, say, China, you've got to think of a way to make him/her think that spamming is too dangerous and not worth the trouble. That depends on, not just new laws, but a very different international legal environment. (That, or convincing the Chinese government that all spammers are members of Falun Gong.) <wry grin>

    1. Re:Stopping International Spammers by masonc · · Score: 2, Interesting

      Responses to crime are always more complex when they are commited across borders, and there's no guarantees there will be a complete solution. However, consider the success of anti-piracy and anti-money-laundering regulations and initiatives.
      Also consider the following:
      Leaving out US/European spam, most spam tries to generate business for companies in US/European countries. If they were not, there's not many products you can sell from China etc.
      If the benefactor is in the US et al, the legal structure can go after the company.

      If the Korean/Chinese/other country does nothing to assist with the problem, they can be blocked from the world's mail system and suffer economically. If the US State dept. ran a anti-spam list similar to the one they run for tourism, being on it would be very detrimental to commerce in that country - you can be assured they will move to prevent spam then.

      All it will take is some effort to prevent spam on the part of the governments and spam will die down considerably. Couple that with spam filters and spam will be lowered to manageable proportions.
      Chris Mason

      --
      CM www.cometenergysystems.com Blog: http://caribbeanrenewable.blogspot.com/
    2. Re:Stopping International Spammers by Anonymous Coward · · Score: 0

      If the Korean/Chinese/other country does nothing to assist with the problem, they can be blocked from the world's mail system and suffer economically. If the US State dept. ran a anti-spam list similar to the one they run for tourism, being on it would be very detrimental to commerce in that country - you can be assured they will move to prevent spam then.

      Yeah, we may not take any action when they drive their tanks over students but if they keep harboring spammers then watch out China! We have a strong sense of ethics and we won't stand for that sort of thing.

  29. There is a way by Aexia · · Score: 5, Informative

    There is also no way to know if a resident is from washington or not.

    Yes there is. Washington State has a registry of e-mail addresses that residents can sign up for.

    Registration of your Washington E-mail address on this site makes sure would-be senders have some way of finding out you own a Washington E-mail address. Your rights to take individual action under the law and the state's right to jurisdiction are protected when you register your E-mail address.

    1. Re:There is a way by GoatPigSheep · · Score: 1

      yes but it's unlikely most washington residents know about or signed up to this list. Alot of people are too busy to be researching spam laws.

      --
      GoatPigSheep, the 3 most important food groups
    2. Re:There is a way by ZeLonewolf · · Score: 3, Interesting

      Yes there is. Washington State has a registry of e-mail addresses [waisp.org] that residents can sign up for.

      Hmmm...do you actually have to be a Washington resident to sign up?

      --
      "If at first you don't succeed, lower your standards."
    3. Re:There is a way by Anonymous Coward · · Score: 0

      This sounds nice, and I'm sure the intentions of it are good. But if you give a spammer a list of email addresses, its likely he is not going to use it the way the State of Washington tells him to.

    4. Re:There is a way by ajp · · Score: 1

      Most of the spam I receive is addressed to XXX@u.washington.edu. One of the reasons Washington state is so actively fighting spam is because spammers got e-mail addresses of state employees under the freedom of information act and other sunshine laws a few years back. Ironic, but idiotically true.

      Any spammer who claims s/he "didn't know I was breaking a law" is full of crap. This is as ridiculous as Jeff Freaking Bezos claiming he can't keep track of tax rates in 50 states even though he can keep track of ISBN's for millions of out-of-print books. You're running a business? Do your homework.

  30. Re:this war on spam is silly by Dimensio · · Score: 2

    You've got a good point. Only when we have FEDERAL laws with tough penalties (why so few advocate torture and death is a mystery to me) the flow of spam might slow down somewhat.

  31. Educating Businesses by jvj24601 · · Score: 5, Interesting

    One of the ways to combat spam is to educate businesses who become interested in using spam. One of our clients came to us with a proposal to increase traffic to their website. They discovered that you could "send thousand's of emails for just pennies" (yes, that's a quote from a spammer's ad they read back to us).

    We tried to explain how this doesn't really help generate traffic, and how it generates bad will, and how some states now have laws against unsolicited email.

    The final kicker was to have the following conversation with the company founder.

    Me: "How often do you get spam email?"

    Him: "All the time."

    Me: "Do you read any of it?"

    Him: "No."

    [awkward 15 second silence]

    Him: "I get it.".

    1. Re:Educating Businesses by dcollins · · Score: 4, Interesting

      You know, I had an unfortunate discussion with a close family member that went along exactly those lines. Distressingly, however, it ended with him saying:

      "No, I don't -- but somebody must, or there wouldn't be so much spam email being sent."

      (sigh)

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    2. Re:Educating Businesses by Hanno · · Score: 4, Interesting

      When one of my clients had some spammy ideas, I explained him all the reasons why he shouldn't do that, but he wasn't quite convinced. So I told him - ok, go ahead if you must, but you should really first ask with your internet provider about this.

      A day later the internet provider's legal department responded to my client with a flat "we will kick you in an instant if you do that".

      That helped...

      (It also helps wearing my vote against spam t-shirt when explaining clients why spam is problematic...)

      --

      ------------------
      You may like my a cappella music
    3. Re:Educating Businesses by Jesus+IS+the+Devil · · Score: 2, Insightful

      It's not about lack of education, it's about the lack of moral judgement. They know full-well how annoying spam is, but they want to ignore it and forge ahead anyways. It's like telling a crook that stealing from people is wrong. They don't really care.

      Once a crook always a crook. Same goes for unscrupulous business people, big AND small.

      --

      eTrade SUCKS
    4. Re:Educating Businesses by drinkypoo · · Score: 2

      How is this unfortunate? It's the truth. There wouldn't be so much spam sent if people didn't respond to it, let alone read it. You have no way to know how many people actually read spam, but we know that plenty of people respond to the stuff.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Educating Businesses by Herkum01 · · Score: 1

      Well the mafia made money breaking legs/arm/fingers. I guess it is OK if they can make money at it.

    6. Re:Educating Businesses by Anonymous Coward · · Score: 0
      There wouldn't be so much spam sent if people didn't respond to it, let alone read it. You have no way to know how many people actually read spam, but we know that plenty of people respond to the stuff.

      There are a lot of people who think plenty of people respond - we know that because the fools are sending out spam. We don't know how (un)successful they are. Unfortunately, it doesn't take much time, money or expertise to flood the world with spam.

    7. Re:Educating Businesses by Steve+B · · Score: 2
      There wouldn't be so much spam sent if people didn't respond to it, let alone read it.

      Not necessarily -- even if spam never got any positive responses, spammers could still sell their worthless "services" to suckers.

      --
      /. If the government wants us to respect the law, it should set a better example.
  32. Spammers = Crackers by mfos.org · · Score: 4, Interesting

    Most people end up making this a free speech thing, all spammers do is a little e-mailing, that granted we don't want, but that's it. This is not the case, many spammers are involved in hacking. Using this to anonymize themselves and harvest more victims. Check out the Honeynet Project's SOTM 22 here. The attacker was a spammer who was using a compromised system to run an e-mail harvester that targeted ICQ users.

    1. Re:Spammers = Crackers by stubear · · Score: 3, Insightful

      Not that I agree with spammers or their methods, but speech is speech, whether you like it or not is irrelevant. Their methods might be illegal but this does not make their speech illegal. If they commit fraud then there are legal questions that need to be answered which the Washington law does. However, notice that he was found guilty of providing false information, which the law forbids, not for selling some dubious material via e-mail.

    2. Re:Spammers = Crackers by phorm · · Score: 2

      Using somebody else's open relay could also constitute something along theft or abuse of property (trying to think of correct term here)?

      In some cases, it one might be able to throw fraud into the list as well.

    3. Re:Spammers = Crackers by thales · · Score: 3, Insightful
      If you own a house that is easily viewed from a public road do I have the "free speech" right to paint an ad on the side of your home? To turn your car into a rolling billboard by painting an ad on it? To build a transmitter to insert thier ads into someone elses TV or radio programing


      Free Speech does not extend to using others properity against thier wishes. If someone wishes to use the domain, the equipment, and the bandwidth that I'm paying for, then they can damn well pay me for advertising.


      Spammers want free speech as in "free beer" not as in freedom, and they seek to gain this "free" speech by transfering the costs of the ads to the people recieving thier garbage by driving up the costs others pay for maintaining e-mail services.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    4. Re:Spammers = Crackers by Hanno · · Score: 5, Insightful

      Not that I agree with spammers or their methods, but speech is speech, whether you like it or not is irrelevant.

      Many spammers argue that free speech constitutes that banning spamming is a violation of protected free speech.

      This is a straw argument to avoid the real issue.

      First, commercial speech is not protected by the US constition in the way free speech by US citizens is.

      Second, wether I like it or not is relevant.

      The right to free speech means that the government or its officials cannot forbid citizens the freedom of expression.

      It does not mean, however, that citizen A has to listen to another citizen B's speech forced upon him. Free speech also does not mean that citizen A has to allow citizen B to talk freely on A's property.

      As a cinema owner, I can expell a weirdo who stands up in the middle of the film and reads from the communist manifesto. As a newspaper editor, I can decide which letter the paper publishes and which not. As an internet provider, I can decide if my mail servers filter spam or not.

      And finally, the very method of spamming is illegal over here in Germany and I have successfully brought a spammer to court here (although with very little financial consequences for the spammer). It's good to see that US courts are seing the light, as well.

      --

      ------------------
      You may like my a cappella music
    5. Re:Spammers = Crackers by stubear · · Score: 2

      Ah, but is that bandwidth your property? Is bandwidth even considered property from a legal standpoint? You may call it property all you want but until you can formulate a legal argument and prove it in a court of law then your words mean absolutely nothing. If property law were applicable here I'm sure the argument would have been presented in a case like this.

      Also, you are not forbidding one's excercise of free speech, you are forbidding the vandalism and tresspass on one's property. Big difference.

    6. Re:Spammers = Crackers by buss_error · · Score: 5, Insightful
      Ah, but is that bandwidth your property? Is bandwidth even considered property from a legal standpoint? You may call it property all you want but until you can formulate a legal argument and prove it in a court of law then your words mean absolutely nothing.

      IANAL

      If you buy, rent, lease, or contract for a service, it's chattel. If it's chattel, it's property.

      If you rent a car from Avis, and while you are parked in the parking lot for Home Depot, and I put a lock on your car so you can't drive it, then I'm commiting a tortious interfearance with your contract with Avis, and depriving you of the use of something you paid for.

      Even if I unlock it before you come out, it's actionable, because you MIGHT use it and you paid for it.

      If I put a govenor on your rental car to keep you from going over 25 MPH, still a problem. I'm keeping you from using your rental car the way you leased it.

      When you "buy" internet access, you are buying a service from someone. If I send you spam, you can't use that bandwidth while I'm sending. When I send you spam, it takes space in your mail box, depriving you of the use of that space. When you download your mail, I'm using space on your system to store spam, space you can't use for anything else until it's deleted.

      As you can see, every phase of sending spam once it hits your ISP is depriving you of something you paid to use, never agreed to let me use, and is stolen every time I send you spam.

      I've seen spammers try to use this arguement, and they get shot down pretty quickly.

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    7. Re:Spammers = Crackers by esme · · Score: 2
      The right to free speech means that the government or its officials cannot forbid citizens the freedom of expression.

      Another important thing to remember about First Amendment speech protection is that the current court has upheld many limits on speech and religion because they are content neutral. For example, you can't harrass people going into an abortion clinic, regardless of what you are saying. This clearly limits speech (and resulted in a lawsuit from the anti-abortion folks), but is constitutional because it doesn't discriminate against a specific viewpoint. Now obviously, people with a certain viewpoint are more likely to want to harrass people outside of an abortion clinic, but since the law just specifies the type of speech, and not the content, it's OK.

      In the same way, making a law that prohibits UCE isn't neccessarily a violation of free speech. Since it doesn't descriminate based on the content of the email, and the spammer has many other means of communication at their disposal.

      Taking it a step further and also banning only fradulent and deceptive UCE is even better. In general, the more narrow the prohibition on speech (the more targeted to the specific problem that's being addressed), the more likely it will be found to be constitutional.

      -Esme

    8. Re:Spammers = Crackers by thales · · Score: 2
      "If property law were applicable here I'm sure the argument would have been presented in a case like this."


      AOL has used property law arguments in suits filed against spammers who tried to claim first admendment "rights" AOL won every case.


      The First Admendment recogiizes the right to speak. It dosen't give you the "right" to force others to provide you with a printing press or a TV transmitter, or access to thier internet resources to disimate your speech.


      Spammers have the right to set up websites, to purchase ads from those who are willing to sell them space, to set up "free" e-mail services where users recieve the ads as a cost of agreeing to the service. They do not have the right to use the assets of others against thier wishes.

      --
      Quemadmodum gladius neminem occidit, occidentis telum est
    9. Re:Spammers = Crackers by Anonymous Coward · · Score: 0

      Wow!

      A theater owner, a newspaper editor, and an ISP. You are quite the media mogul.

    10. Re:Spammers = Crackers by schon · · Score: 2

      speech is speech

      A pointless argument.

      The First Amendment of your constitution guarantess the right to say whatever you want.

      It does not, however guarantee an audience, nor does it guarantee the right to force people to pay for your speech.

      "Free Speech" is about your right to express your opinions, not the right to harrass people.

      If you walked down the street with a bullhorn at 3AM, shouting "BUY MY HERBAL VIAGRA", you'd be fined by your town for disturbing the peace.

      And there is no way in hell you could argue that the law used to arrest you violated your First Amendment rights.

      Spam is no different. Spammers are forcing the recipient to pay for their spam, whether the victim wants it or not.

      This has nothing to do with "speech".

  33. scare the living crap out of more spammers by mcgrof · · Score: 1

    Great! I can now track down spammers, and e-mail them the link to that story. Then blackmail them to paypall me $100.00 or get sued :)

    --

    mcgrof

    1. Re:scare the living crap out of more spammers by ramzak2k · · Score: 1

      lets see, right off the bat you lose the ability to claim losses resulting out of emotional distress at the court, not to mention - general credibility, after having admitted of black mailing someone. Bad idea.

      --

      Siggy Say, Siggy Do
    2. Re:scare the living crap out of more spammers by Anonymous Coward · · Score: 1, Insightful

      And later the spammer sues you for $1000.00 for blackmailing him, you sue for $500 for being spammed, and he gets off with $400
      So... you _want_ spam to pay?

  34. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  35. Haha by Anonymous Coward · · Score: 0

    yet another comment section full of "i hope this will serve as an example" posts.

  36. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  37. Poetic Justice by Tablizer · · Score: 5, Funny


    Too bad he cannot pay the fine.

    The only guys who actually increased their male package size by 300% are the dudes who are going to [beep] him in jail.

  38. The law says...! by erroneus · · Score: 5, Insightful

    The law has always upheld the notion that I cannot do business, international, interstate or otherwise through misrepresenting myself.

    If I am misrepresenting myself through name, address or other contact information, there are many who say this would amount to fraud and deception.

    The anit-spam law does nothing more than spell out the forms of fraud and deception that are not permissible and identifies the consequences of those acts. Fraud and deception in business has always been immoral and almost always been unlawful. Like so many other laws written in the past 8 years, there isn't anything really new about them -- they merely attempt to clear up the "grey areas" associated with using newer technologies to perpetrate old crime.

    That said, I hate the DMCA and all it stands for -- they go too far. But just as I have said, this is nothing new -- Copyright violation is really nothing new -- it was illegal before and it's illegal now.

    Now maybe my support of anti-spam and my position against the DMCA might seem contradictory except for my view on what law is for. Law should protect the rights of all the people. When it starts to protect or create the rights of a minority at the expense of the rights of the whole population, there is a serious problem with the philosophy of law. Anti-spam law protects the rights of the whole population. The DMCA creates new rights [powers?] for a minority at the expense of our rights to fair use and criminalizes the whole nation for trivial and common acts of the public.

    If your state doesn't currently have anti-spam law, write a letter to your law makers about it. It takes about as much time and effort as writing an email... in many cases, it's the same effort -- send them an email!! Anti-spam is something the whole city, state and country can get behind and might be a really cool [modern] 'issue' to talk about while campaigning for re-election. Use your voter's leverage to get things done. That's ultimately what "campaign contributions" are allegedly for anyway... money to use to get you to vote for them. Just tell them you won't vote for them unless you get the kind of law you are interested in. After that, no amount of campaign contributions would help them get re-elected... then the gravy train is over for them.

    You're reading this... you're taking lots of time you could be spending writing to your law makers... are you still here? You're still reading this aren't you. You lazy-ass! Complacant cow. Say something! Do something and quit complaining that there's nothing you can do when you can. If you've already done it, do it again... are you still reading? Why? Crap...

    When some people discover the truth, they just can't understand why everybody isn't eager to hear it.

    1. Re:The law says...! by stubear · · Score: 2

      "When it starts to protect or create the rights of a minority at the expense of the rights of the whole population, there is a serious problem with the philosophy of law."

      I just thought I'd point out that all our civil rights laws are based on this premise. The rights of minorties were being violated and new laws were written which affected the entire nation and in some cases the entire world. Just some food for thought.

    2. Re:The law says...! by whereiswaldo · · Score: 0, Troll

      Good God, don't get me started. I have a strong feeling that the social breakdown in North America is largely due to that fact. Women's lib, minority rights, etc.. etc.. Sure we all have rights, but if the rights of the few cancel the rights of the many, there's a BIG problem.

      How many times a day do you subconsciously think and not say or do things because it MAY offend somebody and it MAY not be politically correct? It makes me ill. I'm not talking about blatant disregard for others, just minor shit.

    3. Re:The law says...! by stubear · · Score: 2

      Now you're talking afirmative action. This I do agree with you on. I dislike affirmative action because it forces others to accept minorities based solely on their minority status. However, the rights to ride on public transportation, sit in public spaces and use the same commercial facilities as others is certainly fair and does not cancel the rigths of the majority in any way.

    4. Re:The law says...! by spectecjr · · Score: 2

      Good God, don't get me started. I have a strong feeling that the social breakdown in North America is largely due to that fact. Women's lib, minority rights, etc.. etc.. Sure we all have rights, but if the rights of the few cancel the rights of the many, there's a BIG problem.

      It's an even bigger problem if the rights of the many cancel the rights of the few.

      Take slavery for example.

      Or the holocaust.

      Or the separation of church and state.

      Or phone, sewer and electricity service for people who live outside a major city.

      --
      Coming soon - pyrogyra
    5. Re:The law says...! by whereiswaldo · · Score: 1

      It's an even bigger problem if the rights of the many cancel the rights of the few.

      Define "few".

      Take slavery for example.

      Or the holocaust.

      Millions of people were treated horribly and killed in your examples. That's not at all what I'm talking about.

      Or the separation of church and state.

      This only concerned a few people? Some clarification needed.

      Or phone, sewer and electricity service for people who live outside a major city.

      This has nothing to do with rights. It has to do with economics. Rural folks could have electricity if they were willing to pay millions of dollars to bring it in, but that's not realistic.

  39. Assumptions assumptions by Crasoum · · Score: 4, Insightful

    Let's say he sends 100k spam e-mails a week, every week, for one year. He gets .004% of the people he mails to pay $40 for a pamphlet. So he gets 40 people, a week to buy a pamphlet. That is $1,600 a week. That is $89,600 a year If he woulda just paid the $2,000 he would have made a dandy profit.

  40. Actual Text of Law... by TheGreenGoogler · · Score: 5, Informative

    Found here...

  41. Re:"Interstate commerce"? What about international by wmspringer · · Score: 1

    hmm, should we send UN Troops to occupy Nigeria?

  42. Re:this war on spam is silly by mindstrm · · Score: 1

    But that's just it.. they are putting the responsibility for knowing where those you are advertising to are located.

  43. You missed one by zaren · · Score: 5, Informative

    SPEWS.

    "SPEWS is a list of areas on the Internet which several system administrators, ISP postmasters, and other service providers have assembled and use to deny email and in some cases, all network traffic from. ...
    Most spam advisory and blocking systems work after the fact. There is a time lag between the spammer setting up shop, spamming millions, and getting netblocks listed by these systems. SPEWS identifies known spammers and spam operations, listing them as soon as they start, sometimes even before they start spamming."

    I'm working on setting up my own mail server just so I can implement SPEWS (and other spam-fighting tools).

    --
    Come to the University of Mars! Classes starting soon!
    1. Re:You missed one by wolfgang_spangler · · Score: 1

      "SPEWS does not run a request or nomination based list, entries in the list come from the knowledge and experience of the people who set up and use the SPEWS lists. "

      Interesting, but this quote, combined with your quote about how they identify spammers sometimes "before they start spamming" kinda worries me. How secure is this list system? Who runs it? I like the idea of running spam through an algorithm based system like spamassassin and dealing with it that way, but killing a bunch of mail based on someone elses list isn't for me. What if one of the maintainers is drunk one night and blocks hotmail.com ip's?

      It may be a great way to kill spam...I just don't think *I* would use it.

    2. Re:You missed one by gmack · · Score: 3, Informative

      It isn't that good.. there is virtually no accountabillty and it doesn't take many reports before you find yourself listed. Reports as added by acount holders on the website.

      Even vger.kernel.org was listed once...

      Odds are using spews to filter will nail a lot of good email along the way.

  44. profit? by shams42 · · Score: 3, Funny

    1. Spam hundreds of thousands of people. 2. Pay $100,000 3. Profit????

    1. Re:profit? by ramzak2k · · Score: 1

      1. Spam hundreds of thousands of people. 2. Pay $100,000 3. Profit????

      u forgot an intermediate step ,

      1.5) 300 feet Growth

      --

      Siggy Say, Siggy Do
    2. Re:profit? by buswolley · · Score: 1
      1.Old Joke.

      2. Rehash & Release

      3. Profit!(in the slashdot currency)!!

      --

      A Good Troll is better than a Bad Human.

  45. Re:"Interstate commerce"? What about international by Eric_Cartman_South_P · · Score: 4, Insightful
    Hmm, let's see, world government with unprecedented powers or wasting a couple minutes a day deleting email out of my box.

    Here in the USA, I suffer with both.

  46. Bad math. by Crasoum · · Score: 1

    .4% of the people, sorry

    1. Re:Bad math. by Jesus+IS+the+Devil · · Score: 4, Insightful

      Ad banners don't even get clicked on 0.4%, what makes you think spammers will get BUYS that high? I'd say it's more like 0.001%. But since the cost is almost zilch for them they make up for the low percentage by mass mailing millions of accounts.

      --

      eTrade SUCKS
  47. Re:"Interstate commerce"? What about international by fermion · · Score: 2
    I guess I am not sure whether you are talking about the WTO or the group of bribe hungry, gift hungry, work-phobic people we call the U.S. congress, accountable only to corporation who can afford 100K dinners. Not to mention U.S. presidents who are not popularly elected, but rather chosen by popularly elected electors.

    I agree that the WTO is problematic, but it was approved by duly elected governments. It is, in effect, the treaty you wish each country to sign. As much as I hate to admit, the purpose of the WTO is probably sound. Instead of trying to develop a process or treaty to negotiate each international problem, a general process is set up that can handle most problems. On the balance, it is likely a good thing.

    If there is really a problem of the WTO, it is the fault of or duly elected officials, who negotiate the deals, and not the WTO, which is just a bureaucracy following the rules they are given.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  48. Rape spam by Anonymous Coward · · Score: 1

    Has anyone else got a lot of spam for rape sites lately?

    Can ANYONE make the case that people who send such spam shouldn't be fined for every cent they're worth, then hung upside down in a cool damp dark cell, being fed only breadcrusts and water, and being flogged morning and evening for the rest of their lives???

    (Posted anonymously so some sicko won't sign me up for more rape spam, and to protect my precious karma.)

    1. Re:Rape spam by Anonymous Coward · · Score: 0

      The case against it is this:
      These people obviously offer have nothing to offer to society. Keeping them alive is does nothing for society. They should be be executed upon conviction (along with their lawyers).

      Of corse I also feel that there isn't enough wall space for when the revolution comes.

    2. Re:Rape spam by FyRE666 · · Score: 2

      hung upside down in a cool damp dark cell, being fed only breadcrusts and water, and being flogged morning and evening for the rest of their lives???

      So do you think that maybe this "rape spam" is affecting you at all?

    3. Re:Rape spam by Anonymous Coward · · Score: 0

      Uh, maybe that's what they want!!!?!

      Eugh!!

  49. Libertarian hogwash by Anonymous Coward · · Score: 0

    Two small factual corrections.

    One: the world government with unprecedented powers is an oxymoron, because such powers already have a precedent (and to add insult to injury, it's been the same bunch of self-proclaimed free market lobbyists that got the WTO to shut up as the US penalized the only country that wouldn't give in to pressure to stop making untraceable blank CD-R's).

    Two: those "couple of minutes" move on two orders of magnitude if you are the lucky dork to maintain the e-mail gateways for a Fortune 500 company and thus get to deal with the fallout of the spam.

    I'm not in favor of anti-spam legislation, because it doesn't have a fighting chance of doing something against spam. But anyone who believes in the Just Hit Delete approach, be a man and give your e-mail address to Alan Ralsky or to a Korean spammer, and then come back here and tell us that deleting it takes just a few minutes.

    The big problem is not that spamming is not illegal. The problem is that lying is not illegal, unless under oath (and even then, spammers are a class on their own).

    There's a French saying that translates to "the extremes touch each other". Just about the only credit I give the libertarians is that, unlike spammers, they usually realize that "free speech" is spelled with four "e"s, rather than three and a spurious "a" thrown in.

    And no, I'm not French. I use the blinking lights on my car to indicate that I'm going to turn.

  50. Re:"Interstate commerce"? What about international by macjohn · · Score: 1

    Well, you're right about the WTO being a world government. Fortunately for spammers, it's completely controlled by global corporations, so I don't think there's any danger of them doing anything for victims of spam.

    --
    --Hi. I'm in Portland and it's raining. This appears to be a permanent condition.
  51. I rarely see spam anymore by jpt.d · · Score: 2

    What I tend to do now is just use Mail.app in Jag and the junk mail feature really WORKS!

    --
    What we see depends on mainly what we look for. -- John Lubbock Now search for that bug slave!
    1. Re:I rarely see spam anymore by berniecase · · Score: 1

      While you're at it, go get SpamCop for Mail.app so you can report your spam, too.

  52. Re:I suggest by Anonymous Coward · · Score: 0

    Am I the only one that thought of the movie, Orgazmo, on this? Um boss, there are some guys from, Jesus, to see you
    Cut off their balls
    ...goes to door...
    I've got to cut your balls off now
    huh? why?

  53. Phew! by Nordberg · · Score: 5, Funny

    That whole spam thing was getting out of hand. Good thing it's finally over!

    Madhouse: Satirized for your protection

    --
    *Splort*
  54. Or a lawyer by phorm · · Score: 2

    Above: Self Explanatory?

    Anti-spam cases with large amounts of spam and good $/spam could prove to be the mother-load for lawyers working on a percentage basis.

  55. Legal Solutions Practical? by Anonymous Coward · · Score: 3, Insightful

    As much as I hate spam, I don't think laws against it will help. Most spam is already illegal because it is fraudulent or because it was sent by illegally(?) breaking into a private mail server to do the mail relaying. I think the real solutions are technical and social:

    • Better spam filtering (blacklists, Bayesian analysis, etc.) This is putting a big dent in spam.
    • Smarter email clients that do not request embedded images from a web server when opening messages.
    • Never, ever, buying products advertised by spam. [I'm surprised this doesn't seem to be working already.]
    • Putting pressure on companies to keep customers' contact information confidential and for direct informational contact purposes only. If people make purchasing decisions based on the privacy policies of companies, it may be less likely that your our email addresses will get sold.

    As a side note (rant), I personally believe that it is wrong to for companies that we do business with to send marketing materials via email unless you specifically ask. Sometimes I want product announcements from a company, so I will sign up for such lists. But such lists should be opt-in (not opt-out). Web forms that require you to register and have a "add to mailing list" checkbox should have that option *disabled* by default.

    As for why email spam is worse than snail mail spam, there are two simple answers: 1. Email is (almost) free to send, and therefore the bulk if junk email is much greater. 2. The way email is used is very different. If you have your email client alert you while you are working to tell you that you have a message, and that message is spam, your work was interrupted for nothing. This does not apply to snail mail. [This is also why I think telemarketers are even worse than spammers -- they are more intrusive.)

  56. Protect yourself by Stregone · · Score: 1

    www.sneakemail.com
    Been using it for over a year and it works great.

  57. Re: Dear God.... by sakeneko · · Score: 2, Informative
    Won't someone think of the Nigerians!

    <G>

    Anyone who has lived in a cave for the last two years and isn't aware of the Advance Fee Fraud scheme, which is run out of Nigeria, most other west African countries south of the Sahara, Zimbabwe, Afghanistan, and the Netherlands as of the last time I checked my spamtrap, should check out the following URLs:

    crimes-of-persuasion.com: Nigerian 419 Advance Fee Fraud
    U. S. Secret Service: Advance Fee Fraud Advisory
    The 419 Coalition Website

    Believe it or not, there have been billions lost to this scam, from people who should have been smarter. (And less greedy.)

  58. Fax? by Omkar · · Score: 1

    Doesn't this situation parallel intrusive marketing when fax machines were first inroduced? I believe federal legislation was passed to deal with fax machines that constantly spit out ads. Perhaps the same is need now, although it would be tough to enforce.

  59. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  60. Appeal not worth the effort by terrymr · · Score: 2

    The defense claims they will appeal arguing that the state spam law restricts interstate trade. The Washington State supreme court already ruled in another case that the law does no such thing. Their reasoning was that requiring proper contact information and subject lines actually had a positive effect on interstate trade.

  61. Re:What about SnailMail spam? (Offtopic: User sux) by Alari · · Score: 0

    ... Which is why I never send snail mail if I can avoid it. =)

    Alari
    - Karma: Bad (The story of my life:)

    --
    I use Windows... like a two dollar wh.. why don't I just go ahead and not finish that sentence.
  62. Nice to see Salem in the news by ++good-duckspeak · · Score: 1
    ...reports that Jason Heckel, of Salem, OR...

    I learned unix doing admin work for a couple bottom feeder ISPs in Salem. Pretty decent odds that I registered the guys first domain.

    Vitalife salesman, pederasts, mlm, usenet kooks, and other lowlife were among the many interesting customers I dealt with.

    Might be that a city of ~114k has 5 prisons and the state mental hospital but Salem is a really rotten place to live.

    --
    Why is Triangle Man so MEAN?
  63. Good, but how about ... by HealYourChurchWebSit · · Score: 1

    I'm glad to see a spammer get fined, but will a mere $2000 stop him/her?

    Short of bringing back keel-hauling perhaps what we need is some help from those free email services? The majority of the spam I receive has forged headers and forged email addresses, usually bearing the domain of a free email service.

    So you set these services up so you can register for free, but you need a real email address. When you register, the free email service sends you a password with a link you have to click to confirm and enter that password. The mail address and the HTTP_REFERRER address are all logged.

    Couple these procedures with relays and/or email programs that won't handle free email domains, such as @hotmail unless they originate from a hotmail.com SMTP server. Of course, you also want to toss any message that uses a bogus domain name as well.

    This wouldn't end all the spam, but it might slow it down a bit as it would preclude the abuses of free email accounts.

    --
    --- have you healed your church website?
  64. True enough. by Crasoum · · Score: 1

    So maybe he IS only making $9,600.... in 3 years ;) Still woulda done him better to pay the fee... It was free to get the auto mailing script. Who else could mail me at randomstring14294763729@hotmail.com ?

  65. SPEWS does much more harm than good by seanadams.com · · Score: 2

    Take a look on comp.net.abuse.email and read about the many admins who are complaining about SPEWS. The problem with SPEWS is that they often block large ranges of IP addresses as a punitive measure against ISPs they don't like - willfully blocking legitimate mail in this way seems awfully ironic. I realize that anyone can choose whether or not they want to filter with SPEWS, but the problem is that they don't tell you about this policy. Every once in a while I'll get an email from someone and my reply will bounce back because they're blocking me. I'll contact them from another account and explain the situation, and these people are unanimously surprised and pissed that SPEWS is doing this.

    They recently blacklisted a huge swath of IP addresses - hundreds of class Cs, deliberately blocking not just spammers but thousands of IP addresses on neighboring subnets. Sadly, my little block of 64 IPs was included. So I went on the mailing list (SPEWS will not respond to inquiries) and suggested than an error had been made. My IP was coming up as a "confirmed source of spam" in spamasassin and other tools. I was immediately bombarded by a bunch of leet little fucks telling me it was my fault for choosing the wrong ISP, and I need to switch.

    Fuck SPEWS. I like my ISP, and I could find no evidence of them being spam-friendly. In fact, SPEWS keeps almost zero documentation. The just block whatever the hell they want, and they're accountable to no one.

    Please don't filter with SPEWS unless you want to lose contact with a good chunk of legit mail servers which have deliberately been blacklisted!!!

    1. Re:SPEWS does much more harm than good by Anonymous Coward · · Score: 0

      point taken.

      on a side note - "this way seems awfully ironic. I realize.."

      there is no irony in what you describe.

    2. Re:SPEWS does much more harm than good by catman · · Score: 2, Insightful


      You support Hurricane Electric by paying them for your Internet connection. Hurricane Electric supports spamming by not kicking them off their network. If you are actively trying to get HE to change their policies and have something to talk to me about, I might consider whitelisting you - (i.e. add your address to a list of friends, checked before the spamblock).

      If you are not doing that, and refuse to change ISP, then you are a spam supporter and I don't want any e-mail from you.

    3. Re:SPEWS does much more harm than good by seanadams.com · · Score: 2

      Hurricane Electric supports spamming by not kicking them off their network.

      Evidence?

      SPEWS does not keep records of who the offending customers were, who they talked to at the ISP, what the resolution was, and so on. If you read the report, it's just a huge list of IP address. I could not find any indication on google or usenet that he.net is spam-friendly. The onus should be on the spam cops to show that an ISP is irresponsible before blacklisting them, and anyone using a blacklist should insist on at least this level of accountability.

      Besides, switching ISPs is not easy or cheap. I've got a lot of equipment and telco circuits installed there. I've pressured them to get this resolved, but they tell me that they have strict policy of disconnecting spammers, and they've already done everything they can. Now SPEWS needs to confirm that the spammers are no longer there, and lift the block.

    4. Re:SPEWS does much more harm than good by Just+Jim · · Score: 2, Informative

      >>could not find any indication on google or usenet that he.net is spam-friendly.

      That's funny, i did a google search on "he.net -repost: group:news.admin.net-abuse.email from May. 12, 2002 to today"

      And got 277 results. Some off topic, but most showing that he.net *knowingly* hosts spammers, (and does not act on complaints.)

  66. Oops. Wrong Hurricane. by catman · · Score: 1

    Sorry about that. "Hurricane" pushed a button :-)

    I haven't had the time to run a proper check, but you may have trouble because certain blocks of Sprintlink IP space are blocklisted for spam support. Not by SPEWS (yet), but there are other lists out there.
    In any case, if you find that your e-mail is rejected anywhere by a block list user, take it up with your ISP. Then contact your correspondent by other means and ask for a whitelisting.

    1. Re:Oops. Wrong Hurricane. by seanadams.com · · Score: 2

      my bad.. I meant he.net

  67. why should the interstate commerce clause... by bani · · Score: 2

    ...protect misleading and deceitful postage-due marketing?

  68. Utter Bullshit by Anonymous Coward · · Score: 0

    >they'll appeal on the basis that Washington's law violates the
    >constitutional protection of interstate commerce."
    >
    >
    There is *NO* constitutional protection of interstate commerce when *FRAUD* or *Attemped FRAUD* is involved as everybody damn well knows. And make no mistake 99.999% of the spam assholes like this guy sends out falls under attemped fraud or fraud itself.

  69. Re:spam.... MIMEDefang should DIE! by ivan256 · · Score: 3, Interesting

    MIMEDefang is the most annoying useless piece of crap that has ever been forced on end users. I don't use outlook, and I don't need to be protected from windows viruses. I *DO* want MIME to work as intended. When my system administrator imposed MIMEDefiang on us at work I promptly wrote a procmail filter and perl script to UNDefang the mime headers. It's just an inconvienience, and it doesn't accomplish anything. The people who are smart enough to figure out how to turn it off are smart enough to avoid getting viruses. Everybody else is going to save the file and rename it and get the virus anyway. You're going to have to teach them how to do this so they can still read word documents that are sent to them as attachments.

    Education is the answer. Breaking MIME should be a criminal offense.

  70. No First Amendment issues involved here by mudshark · · Score: 2, Interesting

    No sane interpretation of the First Amendment says that I am obligated to pay for a computer, Internet connectivity and electricity for the express purpose of some dwad who wants to sell me penis pumps.

    The logic that says I can limit the "free speech" of a Jehovah's Witness on my porch at 9 am applies here. Same goes for the "free speech" of a shady store advertising a sale price, but using the wrong picture and running out of the advertised item in order to sell pricier model.

    Spam is not remotely comparable to protected speech. As long as it is commercial in nature and forces the cost burden onto the transit providers and the recipient, it merits no protection whatsoever and instead invites stringent regulation. Laws like this are a good first step.

    --
    In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
  71. Re:spam.... MIMEDefang should DIE! by almightyjustin · · Score: 2, Funny
    Education is the answer. Breaking MIME should be a criminal offense.

    We at the International Mime Union support you one hundred percent. No mime should have to walk the streets in fear of being set upon and broken. We would thank you personally, but that would involve speaking.

    --

    Omnes arx vestrum sunt adiuncta nobis.

  72. www.mailwasher.net by Regul8or · · Score: 1

    If you don't like spam consider downloading that. So far it only works on POP accounts. Works like a charm to filter spam.

  73. Clients & T-Shirts?!?! by Anonymous Coward · · Score: 1, Funny
    It also helps wearing my vote against spam t-shirt when explaining clients why spam is problematic...)

    I haven't seen the word's "Client" and "T-Shirt" in the same sentence since the dot-com bust!

  74. Re:"Interstate commerce"? What about international by Anonymous Coward · · Score: 0

    I work in an internet call center, and I listen to many and many people conplaining about spam and how to get rid of it. I usually tell to either live with it, but there are the rare occassions that people are getting thousands a day. Now to just delete them would take up most of their time, so I would have to say, stop them all together, or figure a way to control it...

  75. Re:"Interstate commerce"? What about international by Melchior · · Score: 1

    Heh, a world trade law... I'm sure the US will find some way of ensuring that foreign-origin spam can't enter the country, but they'll force other countries to accept domestic-origin spam.

  76. Abuse of a Good Intention? by _Sprocket_ · · Score: 2


    Actually, much of it is coming from hucksters in North America. They're just bouncing their pitches off open relays overseas.


    Hanlon's Razor aside... I've been wondering if these open relays are intentional. Are they there to provide some sort of anonymous communications within a repressed society? Surely the geek mentality exists even within China. Would an open proxy provide a temporarily untracable communications conduit and plausible deniability? And are spammers taking advantage of such?

    Sure. I'm ignoring the simpler possibilities such as ignorance, incompetance, and hard-currency hosting deals. And that seems to scream that I shouldn't discount the whole "Hanlon's Razor" bit at all.

    But I still wonder.
  77. Re:Interstate commerce? - profit! by ElderKorean · · Score: 1

    Small addition,
    1 free Viagra
    2 penis enlarged
    3 FREE HOT XXX TEENS
    4 lose 500 pounds in two weeks
    5 an easy college diploma
    making money very quickly
    6 Profit!!!

    It's all there, and we were missing it all the time.