Slashdot Mirror


UK Makes Spamming a Fineable Offense

woodhouse writes "The BBC has an article about the new UK anti-spamming law which comes into force later this year. Under the new law, spammers can be fined up to 5000 pounds in a magistrates court, or an unlimited amount in the crown court. Sadly, prison terms won't be used to enforce of the new law."

36 of 310 comments (clear)

  1. spamhaus rebutts this claim by Anonymous Coward · · Score: 5, Informative
    1. Re:spamhaus rebutts this claim by Morosoph · · Score: 3, Interesting
      The BBC article sais:

      Under the new law, companies will have to get permission from an individual before they can send them an e-mail or text message.

      Whereas Spamhaus say:

      From 11 December it will be legal to send spam to the millions of hapless employees of British businesses (as long as each spammer gives each employee the opportunity to 'opt-out' of his individual spam campaign).

      So which is right?

      I'd assume that it is Spamhaus. Shame the BBC can't get their stories straight :-(
    2. Re:spamhaus rebutts this claim by rokzy · · Score: 3, Informative

      both.

      one refers to people ("private individuals").

      the other refers to businesses.

    3. Re:spamhaus rebutts this claim by Jonny+Royale · · Score: 3, Insightful

      Perhaps it's the difference between "individual" and "employee of British buisness", you can't get spammed on your personal e-mail accounts, but your buisness account is fair game....Although, how are they going to tell the difference?

    4. Re:spamhaus rebutts this claim by zaphodbblx · · Score: 3, Insightful

      Yep Unenfoceable and ball-less but the MP's in parlament can thump their chest and say how theyr'e doing their job. I guess they have gotten clues from us over here in america

      --
      "A towel is the most astounding Mind-boggleing useful thing in the universe, allways know where your towel is"
    5. Re:spamhaus rebutts this claim by Penguinshit · · Score: 4, Insightful

      This may be a clumsy attempt to factor in targeted email marketing campaigns. For instance, say I work at a company selling compu-widgets and I want to send an email blast out to people who dropped by my tradeshow booth 6 months ago and/or people who subscribe to CompuWidget Magazine (who are demographically proven to be consumers of my product). The mail blast, per design, is only sent to their business email addresses because that is the context and venue in which I wish to engage the recipient.

      Doing this is, technically, spam. But it also isn't spam in that I'm not offering penis enlargements, impossible mortgage rates, questionable knock-off drugs or soliciting assistance in moving large sums of money from African banks.

      It is also merely an extension of what companies did prior to wide adoption of email - snail mail campaigns based upon the exact same criteria. I feel, both as a potential sender and recipient of this type of campaign, that this business tool needs to be protected from being lumped into the same category as the other annoying spam which has absolutely no legitimate business usage.

  2. How about a restraining order by Brahmastra · · Score: 3, Insightful

    How about a restraining order on spammers where they are ordered not to ever touch a computer again. That's what they do to a lot of crackers.

    1. Re:How about a restraining order by sakeneko · · Score: 5, Insightful
      How about a restraining order on spammers where they are ordered not to ever touch a computer again. That's what they do to a lot of crackers.

      Yeah, except that times have changed and it's increasingly necessary to touch a computer to perform basic tasks of living and working. I'm not talking about software engineering or other high-tech work; I'm talking about being a clerk at a convenience store.

      Even the suspected author of one variant of the MS Blaster worm, Jeffrey Parson, was told by the judge that he could use the Internet to look for work. Judges are increasingly unwilling to place permanent draconian restrictions on computer criminals because that could leave them unemployable, and an unemployable person can be forced back into crime by that very fact.

      I agree that aggressive, repeat spammers -- the sort that end up on the SpamHaus.org ROKSO (Register of Known Spam Operations) list -- deserve to be thrown permanently off the Internet. But maybe we should think of some more practical ways to deal with them?

  3. could be worse by Anonymous Coward · · Score: 5, Funny
    Better to be fined up to 5000 pounds in a magistrates court...

    ...than to be pounded by 5000 magistrates.

    ...or courted by a 5000 pound magistrate.

  4. This is a good start by chia_monkey · · Score: 4, Insightful

    I noticed they can get jail time in Italy. Cool. So jail time and fines in Italy. Fines in the UK. I wonder what the US will do besides say "spam is bad...don't do it" or "spam is bad. It's not spam if you have an opt-out option". Oh I hope these set good precedents.

    --

    "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
  5. Oh no! by Prince_Ali · · Score: 5, Funny
    Sadly, prison terms won't be used to enforce of the new law.

    Oh no, we need to get these violent people off the streets before they e-mail again!

  6. Jail time? by C_Kode · · Score: 3, Funny

    Sadly, prison terms won't be used to enforce of the new law.

    Jail time? How about death sentence.

  7. Huh? by Anonymous Coward · · Score: 5, Insightful
    Sadly, prison terms won't be used to enforce of the new law.
    Prison for sending email? Come on, let's stop with the juvenille, knee-jerk reactions.
    1. Re:Huh? by spuke4000 · · Score: 5, Funny

      let's stop with the juvenille, knee-jerk reactions

      You must be new here.

      --
      This post cannot be rebroadcast without the express written constent of Major League Baseball.
  8. skip prison... by ejbst25 · · Score: 4, Funny

    ...straight to death sentence!

    Seriously...while we all hate spam...someone *really* wants spammers in jail? On the right is the rapist, then murderer, then child molester, then spammer.

    1. Re:skip prison... by Our+Man+In+Redmond · · Score: 4, Funny

      So the biggest one . . . the biggest, meanest nastiest father-raper . . . he comes over to me and says, "Kid, what'd you get?"

      "I didn't get nothin'," I said, "I had to pay $100,000 and help secure a couple dozen open relays."

      "What were you in for?"

      "Spamming"

      . . . and they all moved away from me on the Group W bench and gave me the hairy eyeball and all sorts of mean nasty stuff, until I said "and promoting Viagra and free pr0n" and they all shook my hand and we had a great time playing with the pencils and using the computers on the shelf by the window to strip a couple of mailing lists for addresses.

      --
      Someone you trust is one of us.
  9. Prison should be reserved for violent criminals... by ivan256 · · Score: 5, Insightful

    Why should we waste money keeping these people in prison when they're not a physical threat to anybody, and when we can force them to become productive members of society? Don't spend my money throwing spammers in prison, use their ill-gotten gains to catch other spammers, and then force them to work at a job that helps the economy rather than forcing them to sit behind bars and have gay sex on the taxpayer tab.

  10. Warped world view.. by molo · · Score: 5, Insightful

    You must have a warped world view to advocate having people jailed for costing you time and money. Especially in a world where someone only gets 1 year for a hit-and-run that killed a little girl and maimed another.

    -molo

    --
    Using your sig line to advertise for friends is lame.
  11. In abstentia by grub · · Score: 3, Insightful


    From the article:Under the new law, spammers could be fined 5,000 in a magistrates court or an unlimited penalty from a jury.

    and

    Earlier this month Italy imposed tough regulations to fine spammers up to 90,000 euros (66,000) and impose a maximum prison term of three years. EU legislation banning unwanted e-mail is due to come into force on 31 October, but correspondents say that, given the global nature of the internet, it may have little effect. Most spam comes from the United States and Asia, and will be outside its reach.

    Couldn't the spammers be found guilty in abstentia? Remember how the US snapped up Dmitry Skylarov when he entered that country.

    --
    Trolling is a art,
  12. register reports otherwise by deadmongrel · · Score: 4, Informative

    check out register.co.uk call it a toothless tiger. more like a pussy(oops!) read the article here http://theregister.co.uk/content/6/32914.html

  13. Billy Tauzin's Opt-Out spam bill by bs_02_06_02 · · Score: 5, Funny

    Billy Tauzin continues to promote Opt-out... which means anyone can spam you as much as possible until you complain. Then, they have someone else spam you, and then you complain, and then someone else spams you, and this continues until someone gets killed. Opt-out. What a terrible idea! But, no one in politics knows anything about technology. Most politicians are puppets. Democrats and Republicans both.

    --
    -- No sig for you!
  14. The folly of law by ajs · · Score: 3, Insightful

    We all hate spammers, so anti-spam laws are good.

    This is the same logic that got us into the situation where someone who gets caught having sex with their boy/girlfriend on lover's lane (especially if you're in Mass. and happen to be in a non-missionary position) can end up having to walk around to all of your neighbors and tell them you're a sex-offender... joy.

    Yeah, so the definition of a spammer is what? If you get 1000 messages a day with my name as the return-address, do I get fined? What if the headers are *very* convincing? What if it's "from" someone else, but it came from my network? What if that was someone who I let put thier virus-infected laptop on my wireless network?

    This is not an easy problem.

    1. Re:The folly of law by Anonymous Coward · · Score: 5, Insightful

      what about going after the sponsors of the spam?

  15. Don't hold your breath - need to see it in action by IIH · · Score: 4, Informative

    While it sounds great on the surface, just look at the corresponding fine for breaching the UK telephone do not call list - this is also up to 5,000, but no one has ever been fined despite 250 complaints a week being received over the past four years.

    --
    Exigo spamos et dona ferentes
  16. Let's think about this... by El+Cubano · · Score: 4, Insightful

    Sadly, prison terms won't be used to enforce of the new law.

    Slashdot seems to me to be the place where people gripe about overly harsh sentences for people who are involved in things like P2P and software "piracy," and then say how it's totally out of whack because you go to prison for 5 years for rape and 25 for copyright infingement.

    While agree that spam is a social ill and needs to be curtailed, we need to be careful not to go overboard.

  17. Bullshit by Anonymous Coward · · Score: 4, Funny

    Do you really think the BBC will suffer the Slashdot effect? They won't even notice the extra traffic. They are the biggest and most visited content site (i.e. not Google) on the net and have bandwidth to spare. They have servers on at least two continents and publish their news in 43 languages. Now if the BBC posted a link to Slashdot on it's front page, then we might see the 'BBC effect'.

  18. A bit extreme by Follis · · Score: 4, Insightful

    Jail time for spammers? That seems a bit extreme for a few reasons. 1) Cost. It costs a LOT of money to keep someone in jail for a year. I don't want to pay it. I don't think you do either. 2) This is a non-violent offence. I can see locking someone up for assault. But spam? That's like locking someone up for possessing narcotics. 'Ain't hurting nobody. Just fine the hell out of them, which will remove the profit margin.

  19. This is why by bigjnsa500 · · Score: 3, Insightful
    This is why there are so many frickin' laws on the books as it is. Somebody pissed off? Call a Congress person or Senator and make a law to prevent you from being pissed off.

    Here's Bob. He's not pissed off, he is only fuming. He wants a law to prevent whatever it is that makes him fume. Calls his Senator and gets his law.

    What's wrong with this? BOTH ARE THE SAME!! Its coming to a point where there will be a law for not picking your nose, or a law to not cut your fingernails in public.

    Man, doesn't anybody get this besides me?

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
  20. Re:Prison should be reserved for violent criminals by gorbachev · · Score: 3, Insightful

    I guess the Enron exec, who defrauded millions from their employees and shareholders should walk away free then?

    Jail time for spammers is justified, IMHO, when we're talking about the career spamming scum. The ones who illegally hijack foreign servers, illegally hijack unused netblocks, continue spamming despite being terminated from multiple ISPs, continue spamming despite court orders to stop (Sam Khuri comes to mind), etc. etc.

    I don't think a first time offender should be jailed, but there is NOTHING else that will stop the career spamming from spamming other than locking him up (with no Internet access). These people are sociopaths, they belong in jail.

    Proletariat of the world, unite to kill spammers

    --
    In Soviet Russia, I ruled you
  21. Would I be in trouble today? by pragueexpat · · Score: 4, Insightful

    I woke up this morning and checked my inbox, only to see dozens of failed emails, all of which were spam for cheap pharmaceuticals. It was quickly apparent that I was the victim of a "joe job" http://www.techtv.com/news/culture/story/0,24195,3 415219,00.html [techtv.com] where someone uses your domain to send spam. So, my question is this: if I lived in the UK, would I have been arrested today and forced to spend time and money to defend myself in court? Before everyone says 'hey, they can tell by the RECEIVED line in the email that you didn't do it', who do you think is going to check it? Do you think the cops sent to arrest someone are going to check this? Now how many people will have to hire lawyers because these spam assholes are going to get them in trouble? Until we get a secure email system, just forget about trying to find and punish spammers - unfortunately it's not possible.

    --

    "The prohibition will be strongest when the group is nervous." - Paul Graham

  22. Re:Prison should be reserved for violent criminals by CausticWindow · · Score: 4, Funny

    I just love the way Americans always equate prison with forced anal intercourse. It's an everyday thing, just like going to McDonalds.

    Never once heard any of you outraged over this matter. It's just a fact of life, and something you most probably deserve when you go to prison. A good hard pounding in the ass.

    It's a good thing that the US legal system is infallible, and that your judges probably take this into account when they pass sentences. Five years imprisonment in most other developed countries probably equates to two years with three brutal ass poundings per day in an American one.

    Mighty fine country you're running over there.

    --
    How small a thought it takes to fill a whole life
  23. Re:Prison should be reserved for violent criminals by chia_monkey · · Score: 4, Insightful

    "and when we can force them to become productive members of society?"

    We're not going to be able to force anyone to be productive members of society. "Hey, you. Stop spamming. Do good". Won't happen.

    I also believe the so called "white collar criminals" that bilk millions of dollars from corporations and investors and such should get jail time too, along with the other criminals. Who knows how many lives they've ruined by their greed. Hell, their negligence probably CAUSED some down-and-out fathers to resort to crime. Just because they didn't use a gun doesn't mean they don't deserve jail time. Perhaps the same is true for spammers. Just because they aren't violent doesn't mean they don't deserve to be punished or have enough of a threat of a nasty punishment to deter them.

    --

    "He uses statistics as a drunken man uses lampposts...for support rather than illumination." - Andrew Lang
  24. Good! by wo1verin3 · · Score: 3, Insightful

    >> Sadly, prison terms won't be used to enforce
    >> of the new law."

    I'm glad. While I hate spam as much as the next person, the penalty needs to fit the crime.

    I don't like the spammers, but should they go to jail for sending e-mail? No.

    For those who disagree, do you think those downloading mp3s should be taken to court?

  25. Anti-spam needs more structure. by DuSTman31 · · Score: 3, Informative

    Personally, I think the main thing that would benefit the anti-spam cause now is more structure - in a software sense.

    There's already quite a few good, pretty effective techniques of filtering, but a truly best-case scenario would be arrived at using a combination of techniques.

    Look at the anti-spam tech available at the moment. There's filters that act as POP3 proxies, filters that run as a plug-in to a specific client (or built-in), and the odd mail server add-in. There's even the case of remote mailboxes (eg using IMAP) which is difficult to deal with any way apart from having the filter on the server.

    Spam filtering is best set-up on a client-by-client basis, because people tend to get different types of mail as normal. Also, if we're doing it on a client-by-client basis, end user interface is very important - any manual classification and configuration of such filters would be best done inside the user interface of the client software, in much the same way as client-specific plugins do it. To do this in a way consistent across client packages (necessary if we want to tackle the problem as a whole and not just for some people) would require a standard protocol for querying graphs of mail filters, relaying any corrections and reconfiguring said filter graph.

    I'd like to see a protocol built upon Seive (a language in RFC form for notating mail filtering rules) and a standard for mail filter components (standard COM/CORBA interfaces, whatever). The seive language could provide flexibly reconfigurable "plumbing" between the individual filters.

    Even if one only uses one filter under such a mechanism, there'd still be benefits from a standardised software interface and ability to control from within any mail client.

  26. "new UK anti-spamming law " by kclittle · · Score: 4, Funny
    Does this mean some of the Monty Python skits are now illegal in their country of origin? Jus'wunnering...

    --
    Generally, bash is superior to python in those environments where python is not installed.
  27. fines better than prison for white collar crime by emptybody · · Score: 4, Insightful

    white collar crime is not a threat against the individual. the miscreant wandering around will not be a greater threat to society than were he behind bars.

    the cost of putting a person in the slammer is not negligible.

    Fine them for all the money made polus damages plus court costs etc.

    Ban them from the use of computers A-La Mitnick.

    See just how long they continue their practices.

    Leave the prisons for the truly dangerous criminals that we do not want on the streets.

    --
    comment directly in my journal