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FTC Wants Secret Spam Investigation Powers
PingXao writes "Amidst the various anti-spam efforts underway in Washington, the FTC surprised lawmakers by saying they need to be able to secretly investigate the worst-offending spammers, according to a Washington Post article. I'm generally against government secrecy, but quietly investigating spammers isn't as bad as secret courts and arrests. Is this acceptable, or another mis-step down the slippery slope?"
The government does a LOT of things without telling you about them. Secrets allow important things to be done, and for bad people to be caught without knowing that they are being chased. It's called the element of suprise. Advertise an anti-spam solution, and a clever spammer will figure out a way around it before it even hits the market. Monitor the spammer before they think anybody is watching, and you may be able to catch them doing bad things without covering their tracks. I say secrets are for my own good. Go Feds.
People who think they know everything really piss off those of us that actually do.
Incorrect. As the article states, this is for Washington, where spam IS illegal if it has fake headers, etc.
So I see no reason why they shouldn't be able to spy on them. The people don't go to court when we sue them and they don't pay up when they lose... so if the government wants to help stop the problem, I'm all for it! (And yes, I'm a Washington citizen too)
"PC Load Letter? What the $@#% does that mean?!"
For a subpoena to work, you have to know something about the person you want to drag into court. I've known of some spammers that have done a very good job of concealing themselves and are quite adapt at disappearing rather quickly.
This isn't designed to spy on an amway salesman that CC's everyone in his contact list, but the advanced spammer that does a good job covering their tracks.
And just wait...I'm sure Ashcroft will come out with a terrorism/spam link soon.
As it stands now, yes. They are required to notify the subject of investigation.
From what they say in the article, it seems that are trying to track down people who are, in fact, committing the crime of fraud. The article also says they are asking for the anti-spam powers to be modelled after the powers they already use to fight fraudulent telemarketers.
If these secret investigative powers are harmful, it seems that it's a little late. They already have them and are simply attempting to apply the same standards to electronic commerce that are applied to telecommerce.
It seems highly unlikely that the FTC will be sending brute squads to our houses, even those of us who send out lots of email pretending to be hot teenage girls. Provided, of course, that in said e-mails you are not trying to sell your used panties as a penile enlargement/cancer treatment tool, particularly if you are actually a fat, balding, middle-aged man.
Thank you. Drive through.
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cpeterso
I don't see why they need to be more secret than they can already be legally. Spammers are a pretty blazen bunch doing MASSIVE mailing. That shuold be easy to detect without special powers.
because I have been enjoined by this Holy Office to abandon the false opinion which maintains that the Sun is the centre
If you read the article, that was in reference to e-mail marketers since there is a legal and moral way to simultaneously be an e-mail marketer (e.g. to people who have explicitly or willingly subscribed to receive special offers from specific sources) and not be a spammer.
Fair point but a different topic altogether.
If you read a previous article about netblock hijacking, the methods by which spammers operate my themselves be illegal. These are the crimes which by investigating, the FTC may expose and leverage for the FBI to bring them to trial (wire fraud, etc.)
Black holes are where the Matrix raised SIGFPE
Very often spammers do break the law. If you RTFA you'll see that the 53 spammers already prosecuted were prosecuted under existing fraud laws.
I have recently heard that US legislation bars the sending of emails with spoofed From:/Sender: adderesses, i.e. you can only send emails with addresses that belong to you or where you have been given explicit permission to do so.
Police, FBI and other agencies already conduct secret investigations, constrained by the 4th ammendment. Why should the FTC not operate similarly in investigating crimes that fall under it's demesne?
Stephen
"Don't write down to your readers, the only people less intelligent than you can't read" - Sign on Newspaper Office Wall