SPAM - A Different Kind of Identity Theft?

bmooney28 asks: "After maintaining a single permanent email address through 8 years and five ISP's (via a forwarding service), I lost it all in a day. My first sign of trouble came when I found a message undeliverable email in my inbox containing hundreds of failed email addresses. Apparently, my email address had been pasted as the return address in a mass mailing similar to this one sent to hundreds of random recipients. This process repeated a few times over the next day or so, effectively blacklisting my email address on various master lists and adding my address to thousands of random address books (virus magnets). In the past, I have had a great deal of luck fighting off SPAM and other unwanted email via throwaway email addresses and preemptive email filtering. Now, the email address that I use to communicate with friends, former students, and coworkers around the world is useless. Have any of you ever found yourself in a similar situation? Are there any legal steps that I could take against this company?"

Comments

It's a losing cause

[kawika]

For several years I have been using spam-magnet accounts like hotmail.com and yahoo.com. I feel like Elaine in that episode of Seinfeld when she finds out her favorite form of birth control (The Sponge) is being taken off the market. She hoards all she can find and then has to decide if every guy she meets is "spongeworthy". That's what we are all trying to do with our email accounts, trying to decide who to give the primo ones and who gets the seldom-checked Hotmail address.

Due to some friends getting Klez, my "good" emails have leaked out and are receiving spam. So no matter what you do the email shell game is not a complete strategy for spam management.

In your case I think that address is so worthless at this point that you're going to have to give up on it. Put a vacation message on it and move on.

legal steps

[zarqman]

if you can identify who the spammer is and if they are in the same country as you are, then you certainly can sue. whether you can collect of course, is a different matter. but, things that are likely to help: document, document, document. seriously. you can probably approach this two ways: a criminal basis, fraud, and a civil basis, personal loss.

for fraud, you'll likely need the assistance of a public prosecutor. if they are cool with that, you're in luck. if they aren't, there's not much you can do. you will have to somehow show ill-intent on the basis of committing the fraud. honestly, not too difficult, but given the courts in your jurisdiction, you never know. jurisdiction differences between you and the spammer may make this difficult.

for personal loss, jurisdiction can be worked with (if, as mentioned above, in the same country), although it could get expensive to pursue. documentation becomes really big here as you'll have to prove loss. document the time you spend contacting people to let them know of your new address. write a journal and document your 'pain and suffering' having to go through this. keep all server logs, measure for bandwidth and storage use (not totally sure what to do with it, but maybe someone else creative here will help), and anything else you can think of. if it requires long distance calls, document that. etc. then find a lawyer who will take it and see what happens. then again, contact a lawyer in your jurisdiction first, as the usual /. rules apply: few here are lawyers (i'm not) and none are _your_ lawyer.

good luck. i certainly feel for you. this bites.

Habeas.com headers to assert you're not spamming

[manastungare]

Check out Habeas for adding headers to your email that certify you're not sending spam. Habeas' license policy restrict spammers from using them, thus spam filters allow emails Habeas headers through without problems. Let's hope it works! :)

This is 'Collateral Spam'

[Joel Rowbottom]

The technique you're describing is known as 'collateral spam'.

I'm the Head Geek (ok, CTO) of the company which runs domains such as UK.com, UK.net, US.com, etc. Among our 'portfolio' we have the name NO.com.

Now, admit it, how many times have you typed 'no@no.com' into a reply-to field, or a web-form? Those bounces come to us, and yes, they're hellish to deal with - it's pretty much rendered the whole domain useless for email, never mind one single address, because we have to bounce or filter the 'bad' addresses. It's a Wile E Coyote Acme-branded magnet for spam.

You don't say which locale you're in, but the European Commission made this a criminal act - I was at the consultation with members of the ISP industry, and cited the collateral spam problem as a form of DoS - never mind the identity theft.

If you want to take legal action, this is probably the way forward, but if I were you I'd just let it go - it'll be expensive, and probably greenfield legal territory anyway.

(IANAL, blah).