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AOL Sued For Over-Zealous Blocking
mik writes "America Online
has been sued by CI Host,
a Texas-based hosting company for defamation, interference with
contractual rights and unfair competition. CI Host
has been
awarded a temporary restraining order, though AOL has apparently not complied.
This may be the first such in a series of suits leading up to, perhaps, to class-action status relating to AOL's recent zealotry in
anti-spam policy
resulting in the presumption that shared-hosting providers are guilty (of spamming)
unless proven innocent."
At least AOL can defend itself
I'd rather spam filtering be left to myself. Any decent e-mail client has the capability for filtering, and by doing that way, I have control over what gets thrown out and what doesn't. I would not trust AOL to tell my what e-mail I should and shouldn't read. That, of course, is one of the many reasons why I would never be an AOL customer.
Seriously. I realize AOL has the deep pockets, but the spammers are the cause of AOL's blocking email from the domain. The spammers, not AOL, are responsible for any monetary damages the plaintiff here suffers. Public policy dictates that AOL should be immune and the spammers who spammed from that address should be liable. Does everyone have the right to send email to AOL addresses? I would say no, although AOL should have to say "hey, when you have an account with us there are people who will be unable to email you."
Stupid people make stupid things profitable.
They are paying to spam your mailbox with those CDs. They pay for the CDs and the postage. Thus there is a check on how pervasive it can be. Note that you don't get 40 CDs a day from them.
Stupid people make stupid things profitable.
Am I the only one that finds this ironic? It's not okay for AOL to filter spam, but it's okay for us to. Uh huh.
Consider if you have an AOL client who has a site on your hosting server. They forward their site mail to their AOL account. Their site account gets spam. What happens? Well, the spam gets forwarded, the clueless AOLer reports it as SPAM, and AOL's system sees your hosting server as a spam source. There is nothing you can do to protect your hosting server. Nothing.
This really happens. If you call AOL, they basically say it isn't their problem. If an AOL client thinks a mailing list email they signed up for is spam, then AOL thinks it is spam. They tell you to setup a feedback loop where they send spam reports, but you have no way to respond to AOL. You just get flooded with tons of reports by clueless AOL users with no way to tell AOL, "Hey, this isn't SPAM!"
Only on two occasions where a client had an exploited formmail script did the AOL system work as it should (i.e. spam was reported, we saw the report and found the problem). Every other day of the week, it is a massive time-sink that you get nothing out of.
AOL wanted to make up for sucking on the SPAM front. So they become complete asses and made the job that much harder for the rest of us. Bravo!
I hope the class-action suit makes them stop. I don't expect anyone will see any money, but at least AOL will be held accountable for being such idiots.
"Doubt your doubts and believe your beliefs." -- Switchfoot, Ode to Chin
Anti-spam zealotry is a good thing
A good friend of mine is no longer able to send her regular op-ed piece to AOLers due to anti-spam zealotry. She can't reply to her subscribers when they write and ask why she's stopped sending it. She's even blocked from emailing AOL tech support to ask why she's blocked in the first place.
Arbitrarily cutting off an entire ISP with the inexplicable finality AOL has shown towards several ISPs isn't making the world a better or more spam-free place.
Repeat after me: arrogant zealotry is a bad thing, and we could use less of it.
"Stop throwing the Constitution in my face, it's just a goddamned piece of paper!" - George W. Bush Nov. 2005
You might want to provide an affidavit to AOL on this. CI appears to have gotten their injunction on the basis of that they've got a really tight anti-spam policy. If they're providing support to commercial spammers, then AOL has (or should have) the right to block them.
I think that it may be something different about what AOL support is saying about CI hosting... It's one thing to simply report that AOL gets to much spam from CI customers -- it's another thing to call them spam bags.... (although I really like the term).
Spamming is illegal in many states, and congress is looking at making it nationally illegal. To say that you have a right to spam is silly.
Spamming is all about finances, and refusing to route IPs from a hosting company that supports spammers is a way to shift the finances against them allowing spammers on their net.
Free Software: Like love, it grows best when given away.
> ERROR
> KERNEL PANIC
perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
Recently, one of our mail servers got listed with a major spam list with a major time lag. It was allowing open relay (but was never used for nefarious purposes) 6 months ago, and this was resolved 3 months ago.
As a result, all of the mail that was sent to paying Road Runner customers was bounced back, this was mail that was requested, and mail they had just paid to receive. I attempted to forward from my ISP, but lo and behold, my personal ISP (different country than our corporate mail servers) had also been blocked by Road Runner.
I attempted to email Road Runner to get more information, but got standard auto-responders that didnt answer my question.
I ended up mailing the paying customers via my webmail account on my personal domain.
We lost about six accounts to refunds over non-recipt of information, since it took us a week to figgure out what was going on (mails are sent from an unmonitored account).
Also:
Most non-technical users don't know how to properly manage opt-in spam blockers (the ones with auto responders pointint you to websites where you can fill out all your personal information, your mothers maiden name, and perhaps the person might deem it acceptable to let your mail in). They sign up for things, dont add the posted address to their list, the mail gets blocked, so they email us complaining, not bothering to add the email address they just messaged to the allowable list. With the current virii going around, spoofing return headers, I just dont have the time to wade through all the mailer daemon/postmaster/spamblocker/virus blocker emails comming in.
ISP Level Spam blockers MUST:
paul reinheimer
I expect the two litigants will need to sort out the issue of who own's AOL's network? and that depending on the outcome, things could change direction radically.
There seem to be a lot of people on /. (and on the Internet in general) who are opposed to SPAM and ready to support any cause which makes it more difficult for SPAMMers to operate. As such, they applaud AOL's efforts to keep undesirable content out of it's network.
But there also seem to be a lot of people on /. (and on the Internet in general) who support Free Speech, and are appalled when a single company (like AOL) uses the network of computers it owns to build a "gated community"; an Internet where you or I must pay to play.
These two positions are incompatible as currently conceived. Anyone who agrees with both of the above needs to do some soul searching.
If we acknowledge the right of AOL to control how it uses it's own network, then we can applaud when AOL blocks SPAM, but we cannot complain when they start blocking mailing lists, or shutting down p2p sharing, or refusing to allow their subscribers VOIP capability, or block access to web sites. We may eventually find that the only sites with any reasonable connectivity are the ones which can only be accessed through AOL.
Alternately, we could decide that AOL's network services are a type of Common Carrier network, like the airlines and the telephone system. This would mean that AOL could not prevent an AOL customer from subscribing to mailing lists, visiting web sites, or setting up their own web server. But it would also mean that SPAMMers would be guaranted a equal access to your inbox, and your neighbors worm-pool box cannot be legally blocked, so long as the worm abides by the Common Carriage rules.
The thing about things we don't know is we often don't know we don't know them.