Slashdot Mirror
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."
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.
"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...
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!
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)
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
~~~
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.".
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.
Comment removed based on user account deletion
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.
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."
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. :)
Catherine
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.
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/
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.
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.