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Spammers Sue Anti-Spam Groups

SuperBanana writes "The Register reports in a story today that spammers have banded together under the name EmarketersAmerica.org to sue various anti-spam groups- days before a large conference on spam hosted by the FTC(which will be attended by many spammers). Anti-spam groups think the timing is not by coincidence, but believe the move may backfire because they will be able to countersue and get access to spammer's internal documents. By the way, if you're wondering who these guys are, check out Spamhaus's directory of top spammers."

24 of 534 comments (clear)

  1. This is what should happen to all spammers.... by ih8apple · · Score: 4, Interesting

    Here is what one of America's leading sports pundits has been writing:

    Elliott Harris, Chicago Sun-Times: "A fan in Massachusetts, upset at Fox's decision to replace auto racing with Red Sox baseball, faces the possibility of a year in jail for sending more than 530,000 e-mails that shut down Fox's Web site in 2001. Hey, who knew a NASCAR fan would know spam was anything other than something to eat?"

  2. Broken link by Anonymous Coward · · Score: 4, Informative

    Not a big problem but somebody forgot to throw the http:// in front of the url
    emarketersamerica.org

  3. Re:Spammers Sue Anti-Spam Groups by BWJones · · Score: 4, Funny

    Damn, and I thought these guys were dirty bastards before!

    --
    Visit Jonesblog and say hello.
  4. What will be next? by HughJampton · · Score: 5, Funny

    KaZaA users suing the RIAA?
    Drug users suing dealers?
    Smokers suing tobacco compani.... Oh.

    --
    In Soviet Russia, beowulf clusters imagine YOU!
  5. Actual text of the filing in flordia by tmork · · Score: 5, Informative

    A list of mirrors of the text of the filing in flordia's court:

    (Spread out which ones you use, these are alot of folks with home machines on DSL lines. Being /.'ed would only make things worse:)

    http://ares.penguinhosting.net/~leftreveggplant/ fe lstein/slapp.pdf
    http://chickenboner.com/felstein /slapp.pdf
    http://cjllewellyn.homeip.net/slapp.pd f
    http://home.earthlink.net/~bbay/slapp.pdf
    http ://jscript.dk/2003/4/slapp.pdf
    http://members.cox .net/lxix/slapp.pdf
    http://members.shaw.ca/wooly/ slapp.pdf
    http://mywebpages.comcast.net/egplant/s lapp.pdf
    http://SteveSobol.com/slapp.pdf
    http:// www.acornhosting.net/spam/slapp.pdf
    http://www.bi ocenter.helsinki.fi/~atossava/spam/sl app.pdf
    http://www.conmicro.cx/slapp.pdf
    http:// www.dragonfur.org/peewee/slapp.pdf
    http://www.geo cities.com/spammersarestupididioticm orons/slapp.pdf
    http://www.linxnet.com/misc/spam/ slapp.pdf
    http://www.north-lincolnshire.com/slapp .pdf
    http://www.pearlgates.net/nanae/slapp.pdf
    h ttp://www.spamblocked.com/slapp.pdf
    http://www.te chhouse.org/~lou/slapp.pdf
    http://www.tirani.net/ slapp.pdf

    There's also been some lively discussion on NANAE about this issue....

  6. FYI- link to the PDF of the lawsuit by SuperBanana · · Score: 4, Interesting

    I found out about this from a friend(Hi Scott!) after I submitted the article. He put it best:

    "It is classic... misspellings, copy + paste problems...He named rediculous people as defendents, including the brother of one anti spammer, who apparently lives in Italy and doesn't care about spam at all."

    http://chickenboner.com/felstein/slapp.pdf

  7. hmm... by frodo+from+middle+ea · · Score: 4, Funny

    a large conference on spam hosted by the FTC(which will be attended by many spammers)
    Can we bomb them, Oh please can we bomb them ?

    --
    for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
  8. Re:Spammers Sue Anti-Spam Groups by BWJones · · Score: 5, Interesting

    So, as a followup to this, from the SPAPHAUS website "90% of all spam received by Internet users in North America and Europe is sent by a hard-core group of only 180+ individuals"

    It just goes to show how a few incredibly selfish individuals can bring chaos and ruin to society. It obviously does not take many to bring huge costs to business and government, so why is it so hard to prosecute these few individuals for abuse of the internet and indirect theft from business and government (taxpayer) coffers, especially if they are known?

    --
    Visit Jonesblog and say hello.
  9. Re:Jerks by Anonymous Coward · · Score: 5, Funny
    good name of America

    Hey, look, there IS still one guy who thinks the US is held in any regard worldwide. Damn, now I owe my buddy a beer.

  10. Re:No sir, I didn't like it. by Sylver+Dragon · · Score: 4, Insightful

    It wouldn't really matter anyway, some other people would simply step up to fill in the void.
    As for what, "spirited off internet" means, I think it involves a .45 caliber handgun and about 180 loud bangs. Most of the anti-spam groups seem to view spam as equivilent to rape.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  11. Spamhaus slashdotted already by mdfst13 · · Score: 5, Interesting

    The Spamhaus link already doesn't work (at least not for me, YMMV).

    What's really amazing isn't that spammers continue to spam but that they continue to find people who are willing to pay them to do so. Have you ever read what an email marketer considers fair results? 2% of the emails you buy will be viewed (viewed meaning that someone actually generated an http request based on the HTML inside). How do they guarantee this? If they fall short, they will .... send more emails.

    This is an amazing comment on the ineffectiveness of spam. More than 98% of all spam messages are deleted unseen (or bounced). Of the remaining 2%, some of those were only "viewed" in the sense that they had active focus when the receiver hit delete. Of those that generate actual click-through, how many generate sales?

    How stupid does someone have to be to buy an "email marketing campaign?" One could get better results by sending your $1000 to a local charity and putting out a press release.

    Spam --- built on ignorance and stupidity.

    1. Re:Spamhaus slashdotted already by BlackHawk · · Score: 4, Insightful
      • This is an amazing comment on the ineffectiveness of spam.
      Only if you don't complete the math. I haven't priced a spam-campaign, personally, but I have seen adverts for software you can "run from home" that retail for as little $75.

      So let's play a numbers game. Let's suppose I want to sell narfing-irons. I can manufacture them cheaply in India, so I have a good supply, and can make a 60% profit if I sell them for $35 a pair. I want to use a spam campaign, because I know how effective they are. I buy a service for $350, and they will send spam out to 4 million addresses. Just 2% will result in page views. That's 80,000 hits. Let's assume we get a sales rate of .5%. That's right, one-half of one percent. That's 400 sales. Or, total revenues of $14,000. Around $8000 of that is profit, from which my $350 spam-campaign is taken.

      And that was only one run of spam. If I run, say, 10 or 12 campaigns from different services, with similar rates of return, my narfing-iron business will net me in the vicinity of $80K-$100K in profit from Internet-based sales alone. And I didn't lift a finger, other than to ship the product.

      NOW do you see where they get people who will pay for this service?

      --

      Believe nothing, not even if I say it, if it violates your sense of reason -- Buddha

  12. Recidivist Spammers by GMFTatsujin · · Score: 4, Funny

    "If these 180 were somehow spirited off internet - we'd be left with the Nigerians, and companies spamming by mistake. The spam problem would simply disappear," he said.

    So... who's got 1,800 feet of rope and an orchard to spare?

  13. Want someone to complain to? by Anonymous Coward · · Score: 5, Informative

    Try the asshole attorney's supporting this case. Look at the bottom of the slapp.pdf file:

    FELSTEIN & ASSOCIATES, P.A.
    Attorneys for EMarketersAmerica.org, Inc.
    555 South Federal Highway, Suite 450
    Boca Raton, Florida 33432
    (561) 367-7990 Phone
    (561) 367-7980 Facsimile
    mark@EMarketersAmerica.org
    Mark E. Felstein, Esq.
    FBN: 192139

    I think we have a new address for every free cd offer, junk ad, and telemarketer list in the world.

  14. The irony is just sickening by kiwimate · · Score: 5, Funny

    If you click on the link provided, you get the following message:

    Dear Customer,

    Please key in the password you see displayed to the right in order to obtain the information you requested from our WHOIS database.

    In order to protect the privacy of our customers, Go Daddy Software has implemented a process that prevents unscrupulous spammers from running scripts that acquire email addresses from our WHOIS service (which in accordance with ICANN policy must be made available to the public). The password you see is provided in graphic format and cannot be read by a script. Only humans can read it. By taking a moment to key in the password you are doing your part to eliminate SPAM.

  15. In Soviet Russia... by LePrince · · Score: 4, Funny
    Spammers sue YOU !

    Oh wait, that's the case here too... Nevermind.

  16. Spam as business by ajs · · Score: 5, Insightful

    Think about this the next time you advocate centralizing the Net (in terms of SMTP) on large ISPs in order to "solve" the problem of residental users spewing spam (directly or by relay).

    The residential users are annoying because there are so many of them, but if, 10 years from now, the only way you can send mail is to relay through a large ISP's mail servers... who do you think said ISP's best business partners will be?

    For an answer to that question look to the US Postal Service's largest customers: The US Federal Government and bulk mailers.

    THAT is exactly the business niche that spammers are evolving into. All they need is for users to have slightly less choice and ISPs to have slightly more power to tell their users how the Internet works rather than the other way around.

    Push to keep the Internet a network of peers while establishing a system of identity, trust and responsibility (which should in turn also by non-centralized, but rooted on an arbitrary number of certificate authorities and trust databases), and you will do yourself and the rest of the world a large favor!

  17. I Must Have Missed Something... by LordYUK · · Score: 4, Insightful

    Okay, I read the first few pages of the lawsuit, and then I couldnt stomach the legalese anymore... I'm not a lawyer, after all...

    anyway, the way it sounds is that they are being sued because they sell products/list information that people use to stop the flow of "crap" from these companies. From what I read, they didnt attack these companies, they didnt DoS them, they merely provided tools that people could use to stop spammers from contacting them.

    The people that are using these tools probably never would have purchased anything from them anyway, and if they are like most of us, the emails are blocked/auto deleted/instantly trashed when they do get through, so its a moot point anyway.

    I think these people are just ticked off because their scummy business is being threatened by people who are intelligent enough to "work the internet", not just "use" it.

    thats just my thoughts, I could be wrong...

    --
    This is my sig. Its pathetic.
  18. Eddy Marin by Caveman+Og · · Score: 5, Interesting

    Here's the full dope on Eddy Marin, spammer, and why South Florida (especially Boca Raton) is now a haven for spammers.

    Eddy uses a front company, "PG&C Leasing Inc." (aka lauderdale.net) to disguise his activity. This company buys the bandwidth for him to spam through. He then sets up dummy companies to act as "customers" of PG&C. If the heat gets too hot he'll "terminate" a "customer". Of course the spam just continues under another name.

    He's operated like this since 1998. He's had a long time to develope a reputation among his spamming pals, and since he brings money into the local economy, Boca Raton loves him.

    Here's just ONE of his netblocks:

    http://www.senderbase.com/search?searchBy=ipaddr es s&searchString=209.203.192.0%2F19

    The bulk of the spam from that netblock is from "OmniPoint Marketing". If you've been paying good attention. Spam also goes out from "justdous.com, prefersavings.com, dealstwoyou.com, and tlck.net". These are registered to things like "M.M.COMMERCE,INC", and "OptIn LLC" (which is Terry Williams, another Eddy Marin flunkie)

    stealthemail.com ??? Give me a break!

    --Og

  19. Random nonsense by SunPin · · Score: 5, Insightful
    Increasing the cost of spam should be easy...

    We know which companies sell their email listings, right?

    More than a few of us can write a script...

    A clandestine server running in an undisclosed location--perhaps a public wireless hotspot--can go forever properly filling out the forms of these companies with complete and total gibberish.

    It won't crash servers... nobody will even know until it's pretty much too late and the offended databases are loaded with utter garbage.

    Recently, I wrote about passively doing this to spambots. I keep the page on the server for good measure.

    My tech articles are geared to a nontech audience so don't give me crap if they sound lame. I don't preach to the choir except when hanging out at Slashdot.

    That said, I don't see why this concept can't be expanded. They have no defense against form scripts.

    --
    Laws are for people with no friends.
  20. Re:Hah by SharkJumper · · Score: 5, Funny

    The slashdot effect wouldn't even be a blip.

    Maybe not now, but just wait until this story is posted three more times.

  21. Blacklisting must be working... by infernalC · · Score: 4, Funny

    From the filing:

    "Should the Defendants, be allowed to continue their assault upon the Plaintiff and the Plaintiff's industry, the Plaintiff's industry will cease to exist."

    Yay. Now there's an incentive for a judge to issue an injunction if I ever heard one: the preservation of spam.

  22. Re:No sir, I didn't like it. by Steve+B · · Score: 4, Insightful
    possibly hacking (DOS)

    DOS, schmoss. Why the hell aren't each and every one of the spammers' filter-evasion tricks prosecutable under the computer-cracking laws, as they are clearly deliberate actions aimed at bypassing the access security placed on a computer by its owner?

    --
    /. If the government wants us to respect the law, it should set a better example.
  23. Surely this is a joke? by TekPolitik · · Score: 4, Interesting

    Several things point to this being a joke. If it's not a joke, their lawyer is the most incompetent lawyer on the planet.

    1. The "plaintiff" in the suit is not the party alleged to have suffered damage, and cannot sue for the alleged actions.
    2. Several of the defendants described as "entities" are clearly not "entities".
    3. Their claim for "conversion" fails to make out even the vaguest hint of a single element required for an action in conversion.
    4. They claim a "right" to equitable relief. You don't have a right to equitable relief - you have a right to ask for it, and the court can refuse it for any reason the court sees fit.
    5. They're claiming injunctive relief to prevent speech. Even if speech is illegal, injunctive relief is almost never granted to restrain speech.
    6. They describe IP addresses as property. I'm fairly progressive on what can constitute property, but even I have major difficulties with the concept of IP addresses being property.
    7. Paragraph 37 claims that none of the alleged statements of the defendants were regarding matters of legitimate public concern. They're going to have a hard time proving that something currently in consideration in Congress and at a meeting convened by the FTC lacks an element of legitimate public concern.
    8. While some of the other grounds can be argued, they are not plausibly arguable, and the "wrong plaintiff" problem is fatal anyway.

    I have difficulty believing that a lawyer coud really have drafted this crud.