Slashdot Mirror


Senate Passes Anti-Spam Bill

Zendar writes "Yahoo! is reporting that the 'U.S. Senate passed the first national anti-spam bill on Wednesday, giving momentum to an issue that has riled consumers almost as much as dinnertime phone calls.' However, the bill, referred to as the 'Can Spam' bill, is unlikely to pass the House and be signed by the President. Senator John McCain sums it up: 'The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.' CNN also has the story."

350 comments

  1. Finished Quote... by bcolflesh · · Score: 1

    "but that does not mean we should stand idly by and do nothing about it - we're not cops , after all..."

    1. Re:Finished Quote... by I8TheWorm · · Score: 2, Insightful


      Ah... but it's these same ridiculous laws that make cops stand by until it's legal to do something about it.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    2. Re:Finished Quote... by Short+Circuit · · Score: 1

      Would you rather them arrest you for something that's not illegal yet?

      If you'd rather them act before it would normally be legal for them to do so, well, don't vote in my country, OK?

    3. Re:Finished Quote... by Mysticalfruit · · Score: 1

      How about this! Instead of wasting time passing pointless legislation that'll do nothing to better the lives of Americans, why not spend time working on something of real value...

      --
      Yes Francis, the world has gone crazy.
    4. Re:Finished Quote... by I8TheWorm · · Score: 1

      As the fiance of a cop, I was more referring to things like not being able to get involved in domestic disputes until there are two officers present, not being able to do anything about stalkers until solid evidence is presented (and even then, all you can get is a criminal trespass and a protection order), etc... Cops hands are tied even in situations they want to get in. Most of them are trying to do a good job, but policy and law dictates that they can't always do that.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    5. Re:Finished Quote... by rutledjw · · Score: 1
      Would you rather them arrest you for something that's not illegal yet?

      For the general person? No. I wouldn't even want them to do that with spammers. I'd want them to beat those jack-asses senseless, law or no law. They abuse the system, they push bogus products, they infringe on what I do on the net, they're immoral slimeballs.

      --

      Computer Science is Applied Philosophy
    6. Re:Finished Quote... by Short+Circuit · · Score: 1

      And how would you define a general person, by legislation?

      You, along with a lot of other people here on Slashdot, scare me. Badly. You demonstrate how easy it is for a nuisance to drive people to violence. You are the main reason we need laws in the first place. Not to regulate commerce, or to defend the public interests, but to defend the safety of every person.

      I'm sure that a lot of people here on Slashdot are joking when they talk about violence, but the tone of some of the things said here lead me to believe that not everyone is speaking in jest.

    7. Re:Finished Quote... by Anonymous Coward · · Score: 0

      not being able to do anything about stalkers until solid evidence is presented

      What exactly do you want them to do about stalkers (or, presumably, alleged stalkers) BEFORE there's solid evidence?

    8. Re:Finished Quote... by Anonymous Coward · · Score: 0

      Instead of wasting time passing pointless legislation that'll do nothing to better the lives of Americans, why not spend time working on something of real value...

      I think you posted to the wrong story. This time they're working against spammers i.e. bettering the lives of Americans. This isn't just another DMCA or something.

    9. Re:Finished Quote... by Fallen+Kell · · Score: 2, Insightful

      I think you posted to the wrong story. This time they're working against spammers i.e. bettering the lives of Americans. This isn't just another DMCA or something.

      And I am sure you will be the first to sign up for the national "Do Not Spam List" which will be little more then the ultimate SPAMMERS PARADISE! What more could they ask for then a huge list of legit email addresses. There is no way to enforce this law outside of the US, and thus, any and all spammers who's operations reside outside of the US have the perfect list of people to spam. For why else put your email on the list if you didn't actually use it to read email?

      --
      We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    10. Re:Finished Quote... by macdaddy · · Score: 2, Informative

      I think you're forgetting about one major and extremely important fact. 90% of the spammers out there are in the US. Do your homework and you'll quickly discover this. Some guy in Korea doesn't have any reason to spam me, a red-blooded redneck, about a good deal on a Korea supper-time delicacy. If they are spamming me about a US product then the US company that solicited that spamming is guilty of spamming. There's always a money trail and the vast majority leads right back here to the good ole US of A. Big list of email addresses or not, the US spammers can easily be caught.

    11. Re:Finished Quote... by digitalunity · · Score: 1

      You demonstrate how easy it is for a nuisance to drive people to violence.

      For some people, spam is a dangerous or expensive nuisance. It's dangerous for some to even check their e-mail at work anymore because all it takes is one bot to put you on a shitload of lists and get porn in the mailbox. People get fired for that shit. If I got fired for checking my e-mail at work, I'd be a little pissed off.

      Try telling a major internet backbone they have to carry an extra terabyte of traffic this month so some spammers can harrass millions of people. To them, it isn't a nuisance. It's money. Bandwidth costs a lot, and spam is the biggest waste of bandwidth ever. BTW, I just made up that terabyte/month figure, but I doubt it's far off. I'm just too lazy to go look up the real estimates.

      We don't need more laws with civil liabilities. We need a *real* anti-spam-as-harassment law with real criminal sentences. If I try to unsubscribe to some spam-list I'm on, and all I get in return is more spam, that's harassment. People should go to jail for that shit. IMHO, people can e-mail whoever they want almost whatever they want at least once. But that first one better have a valid return address and the unsubscribe better work. And I don't just mean unsubscribe-me-from-this-list. I want the unsubscribe to affect all lists that are done by this spammer.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    12. Re:Finished Quote... by Short+Circuit · · Score: 1

      Legislation is fine. (marginally.) I'm more concerned about violence and disregard for the laws that keep me safe every time I offend someone.

    13. Re:Finished Quote... by rutledjw · · Score: 1
      There is a fine line between sarcasm and being serious. I wasn't even close to being serious. I'd think that obvious

      Dumb people scare me - badly...

      --

      Computer Science is Applied Philosophy
    14. Re:Finished Quote... by budgenator · · Score: 1

      If its criminal to forge headers, then I can track them easily and possibly sue them for $500 in small claims court under the junk fax law.

      yes spam is illegal now because your computer is capable of sending/recieving, print or viewing a fax so any unsolliceted message to thae computer is illegal weather the message is a traditional fax or not. This is not just hypothetical but has stood up in at least Michigan courts. With real headers, we can track them down and take their money, no money, no spam simple. My Yahoo account had 29 messages in the inbox, 4 spam that slipped through, and 1109 spams in the bulk mail, all spam,that approaching 5:1 ratio!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    15. Re:Finished Quote... by Short+Circuit · · Score: 1

      It wasn't obvious to me, but then, I have a diagnosed mental disability that results in my having to consiously study social behavior in order to get along with other people.

      Rather than sarcastic, you sounded ernest to me. Perhaps a more apparent just would have done away with everything following and including "Law or no law"...

      Sorry...

    16. Re:Finished Quote... by rutledjw · · Score: 1
      Bah! It's OK, everyone has bad days. Look at my response, _I_ was clearly grumpy.

      And actually am again today...

      --

      Computer Science is Applied Philosophy
  2. Politicians for Ya by jazman_777 · · Score: 5, Insightful
    Senator John McCain sums it up: 'The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.'

    Meaning, 'What we do has no effect, but we need to look like we're doing something useful.' And of course there _shall_ be unintended consequences, which will require yet another government "fix".

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    1. Re:Politicians for Ya by stanmann · · Score: 5, Insightful

      The battle on spam must be fought on all available fronts, and providing penalties which can be levied against the company that hired the spammers is an important front. Granted, at this point there is no provision for a regulatory/investigative body to investigate and punish it... but one step at a time...

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    2. Re:Politicians for Ya by CelloJake · · Score: 4, Insightful

      I agree with you. If the bill will have no effect then why waste important senate time with it.

      Next he can pass a bill that will ban breast cancer. The odds of defeating breast cancer by legislation is extremely low, but that does not mean we should stand idly by and do nothing about it.

      I think the statement would make sense if he were choosing to not promote the bill and instead try to do something else. Just because legislation won't stop the problem doesn't mean we have to sit idly by. Even a senator has other resources available than legislation to help with a problem.

      -Jacob

    3. Re:Politicians for Ya by kfg · · Score: 2, Interesting

      'The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.'

      Ummmm, yes, that's exactly what it means.

      Spam is a social, and perhaps technological, issue. Please stop wasting my tax dollars and your time on promoting legislation which you yourself admit is pointless and go handle some issues for which legislation is the actual remedy.

      If you really need some useful "makework" and a politically advantageous cause how about going through the books and finding existing law that shouldn't be there and rescinding it?

      Or would that be too sensical for a congressman to handle?

      KFG

    4. Re:Politicians for Ya by arthurs_sidekick · · Score: 5, Insightful

      The key to the post at the top of this thread is the mention of unintended consequences. We've already seen how laws dealing with technical subjects get misinterpreted by the courts; what exactly is going to count as spam under this law? What forms of communication will it affect, and how? Damn straight, I don't want to go to jail for making a programming or configuration mistake that sends out a bunch of unsolicited email and somehow falls under the legal definition, or judge's interpretation thereof, of "spam." { I don't want to make that sort of mistake at all, but if I do, there are other ways of dealing with me }.

      --
      "Oh, I hope he doesn't give us halyatchkies," said Heinrich.
    5. Re:Politicians for Ya by kiatoa · · Score: 3, Informative

      Yup, all available fronts is good. Now, how about as many folks as possible start using the Active Spam Killer? I've been using it for a month or two and it seems great. If enough people used it then the wind would be taken out of the spammers sails (sales?) so to speak and the problem of spam would go away. Why spam if the message ain't getting through. So, hop over to sourceforge and download/install a-s-k, and do your part in the war against spam.

      --
      90% of the wealth is in 2% of the pockets. Bummer to be in the majority.
    6. Re:Politicians for Ya by gpinzone · · Score: 3, Interesting

      Conisdering this quote came from John McCain, I'd translate it as, "Look, legislation isn't a 100% cure, but we can at least do something that's within our power under the Constitution to minimize the onslaught of spam."

    7. Re:Politicians for Ya by Steve+B · · Score: 4, Interesting
      The battle on spam must be fought on all available fronts

      A legal front that ought to be opened is the application of existing computer-crime laws to certain spamming techniques. The deployment of trojans to create open relays and even outright spamboxes is an obvious example.

      Additionally, the use of forged headers, munged words, etc to evade spam filters is arguably a form of cracking in and of itself -- what is it, if not a deliberate attempt to use someone else's computer without the owner's permission, and indeed against the owner's express prohibition?

      --
      /. If the government wants us to respect the law, it should set a better example.
    8. Re:Politicians for Ya by Bendebecker · · Score: 2, Funny

      We shall fight on the beaches,
      We shall fight on the landing grounds,
      We shall fight in the fields, and in the streets,
      We shall fight in the hills;
      We shall never surrender,
      --Winston Churchill

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    9. Re:Politicians for Ya by Bendebecker · · Score: 1

      We shall kill unitl no spammer breathes american air! (Spammers of Dune)

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    10. Re:Politicians for Ya by schon · · Score: 2, Insightful

      The battle on spam must be fought on all available fronts, and providing penalties which can be levied against the company that hired the spammers is an important front.

      Agreed - but an even more important front is the official recognition that spam is not acceptable behaviour (which a properly worded law would be.) Remember - a lot of spammers hide behind the "I'm not doing anything illegal" mask - a law against spam would remove that excuse from their arsenal, and give the average person some assurance that their feelings about spam are justified.

    11. Re:Politicians for Ya by no+reason+to+be+here · · Score: 2, Insightful

      No, what it means is that the odds of defeating through legislation only are very low. The odds of defeating spam through other means combined with legislation makes the fight against spam that much easier.

      going through the books just to find laws that shouldn't be there but aren't enforced is completely useless. If they're not enforced, then they technically don't exist (a bit of trivia, marjuana is, in fact, illegal in the Netherlands, but no one gives a rat's ass, and the laws are never enforced, so it is essentially legal, or so it was explained to me by the owner of a hash bar in Amsterdam)

      the laws that shouldn't be there, but are enforced get enough attention (PATRIOT Act, anyone?) that congressmen don't need to go looking for them; their constituents will let them know.

    12. Re:Politicians for Ya by stanmann · · Score: 1

      I don't get "spam" since getting access to a configurable email server... cotse.com is my provider...and I can black/whitelist create and elimintate e-mail addressess...

      ie amazon@jomammy.com
      yahoo@jomammy.com
      spamtrap@jomammy.com
      expire110303@jomammy.com

      etc.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    13. Re:Politicians for Ya by harlows_monkeys · · Score: 1

      Perhaps tax dollars would better be spent on remedial reading programs for all the people that don't seem to understand the significance of the word "alone" in the Senator's statement.

    14. Re:Politicians for Ya by stanmann · · Score: 1

      All laws have unintended consequences... the solution is educated judges...

      Proper use of technical experts... etc.

      Perhaps having a requirement for a full-time technical expert on staff at a certain level government/judiciary...

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    15. Re:Politicians for Ya by Threni · · Score: 1

      "What we do has no effect, but we need to look like we're doing something useful"

      How about an `inform your legislators day` where everyone (globally) forwards all the spam they received that day/week to the relevant politician (with a covering note so you'd not be up for accusations of spamming). That should demonstrate the size of the problem.

    16. Re:Politicians for Ya by c4ffeine · · Score: 1

      Believe it or not, this email address gets only 1-2 spams a day...Can anyone tell me what the hell I'm doing right?

      --
      "73% of quotes on the Internet are made up" -Ben Franklin
    17. Re:Politicians for Ya by Short+Circuit · · Score: 2

      Since two sides have to argue in order for there to be a court case, you'd be biasing the court in one direction or another.

      At least, in the plaintiff's eyes.

    18. Re:Politicians for Ya by Short+Circuit · · Score: 2, Insightful

      So, if my box gets rooted, and exim starts pumping out spam messages, then I have to prove I didn't set up the software to send out the junk mail in the first place?

      Proving that would require showing how I got rooted in the first place, and I might not be able to find out. Especially if it's a Windows box. (But then, if it's Windows, I'll have statistics on my side.)

      Screw the "unintended consequences" mantra, that's just plain dangerous legislation!

    19. Re:Politicians for Ya by Anonymous Coward · · Score: 0

      "Next he can pass a bill that will ban breast cancer. The odds of defeating breast cancer by legislation is extremely low, but that does not mean we should stand idly by and do nothing about it."

      No but a law increasing federal funding of breast cancer reaserarch would certainly be helpfull. In the same way a law that targets more federal funds for fighting spam would certainly be of some use.

    20. Re:Politicians for Ya by kfg · · Score: 2, Funny

      Senator Foo Bar stated today that, "I realize that legislation alone won't do much to stem the tide of the cold virus, but we can't just sit by and do nothing while this virulent and potentially deadly virus infects millions of Americans."

      Arrest of "distributors" is imminent.

      The AMA issued a somewhat puzzled statement, claiming that while they appreciated any aid in the quest to find cures for viral infections they were clueless as to how outlawing said virii in any way constituted such aid.

      Alone or otherwise.

      KFG

    21. Re:Politicians for Ya by Short+Circuit · · Score: 1

      A better solution would be to fund a research group on more secure ways of sending and receiving email so that messages can be authenticated.

      I say, throw money and popular attention at research, and let demand draw the technology into common use.

    22. Re:Politicians for Ya by jqh1 · · Score: 1

      from the Bill:

      SEC. 108. EFFECT ON OTHER LAWS.
      [snip]
      (b) STATE LAW-

      (1) IN GENERAL- This title supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.

      That's politicians for ya -- hope you like the proposed federal law better than any state law you may be rooting for...

      --
      who's moderating the meta-moderators?
    23. Re:Politicians for Ya by Chris+Carollo · · Score: 1

      That may what your smug self-important self wants to believe it means, but that doesn't make it true.

      He's simply saying that while this isn't a silver bullet, it's worth doing as part of a larger effort to stop the problem of spam. What's so unreasonable about that? He recognizes and acknowledges this isn't going to stop spam all by itself -- if he hadn't, I'm sure you'll be all over his case because "the moron politicians think this is going to solve the problem".

      Every law has unintended consequences, or can be warped outside of its original scope. That's no reason to stop legislating -- it's just evidence that judges need to excercise some judgement in specific cases. Nothing wrong, or unusual, about that.

    24. Re:Politicians for Ya by clacour · · Score: 2, Funny
      "The battle on spam must be fought on all available fronts..."

      I disagree. There is only one front that spam can be fought on successfully, and that is economic.

      When spam is no longer profitable, spammers will give it up voluntarily. As long as it is profitable (especially as profitable as it is right now) people will continue to do it, regardless of one law or a thousand.

      Each law passed to try to stop it restricts someone's freedoms, and it's pretty much unavoidable that the law will restrict some who do not deserve such restriction. If that would eliminate spam, that might be considered a reasonable tradeoff. Since it will not, each and every law passed solely on the basis of "We've got to DO something!" is a bad idea.

      The best thing I've seen so far is A Plan for Spam. I tend to agree with the author's assesment of how likely it is to work, specifically because it destroys the economics of spam.

      I think most of our collective energy should be going to integrating things like "A plan for Spam" into common email programs, possibly extending it to allow people to join anti-spam clubs, so they don't have to label the thousand or so emails the thing needs to train with themselves.

      Simply having a button that says "Spam!" will help a lot of people deal with the frustration involved with spam, and if it is pitched to the general public as "Every time you kill an email as spam (instead of just deleting it) you're helping to put spammers out of business," you're going to have to beat them off with a stick. People would love to have a way to get back at spammers.

    25. Re:Politicians for Ya by Particle010 · · Score: 1

      Meaning, 'What we do has no effect, but we need to look like we're doing something useful.' And of course there _shall_ be unintended consequences, which will require yet another government "fix".


      So... in other words... it's like software?
      --
      "Not the Earth!!! That's where I keep all my stuff!!!" - The Tick
    26. Re:Politicians for Ya by Anonymous Coward · · Score: 0

      That's a Yahoo address. Are you including Bulk Mail in the 1-2 spams a day?

    27. Re:Politicians for Ya by Anonymous Coward · · Score: 0

      Yeah, well I don't want to kill anybody, but if I do, even by accident, they have this classification called 'manslaughter.'

      So let's have 'spamslaughter' for you accidental spammers.

    28. Re:Politicians for Ya by lightspawn · · Score: 1

      The battle on spam must be fought on all available fronts, and providing penalties which can be levied against the company that hired the spammers is an important front.

      Can this not be done by technical rather than legal means? Maybe by creating some software that keeps spidering web sites indefinitely. We just need to teach people that when they receive spam that links to a web site, just paste the link into the software - and there you have a massive DDoS attack against the company that hired the spammers.

    29. Re:Politicians for Ya by volkris · · Score: 2, Funny

      The battle on spam must be fought on all available fronts,

      Why?

    30. Re:Politicians for Ya by c4ffeine · · Score: 1

      Believe it or not, I am. That's what's so puzzling about it

      --
      "73% of quotes on the Internet are made up" -Ben Franklin
    31. Re:Politicians for Ya by macdaddy · · Score: 1

      These provisions are built-in. If you solicit someone to break the law (especially if you give them incentive, such as pay) then you are in fact breaking the law.

    32. Re:Politicians for Ya by Eric+Savage · · Score: 1

      Agreed. It should be obvious to everyone right now that there is no simple single solution to spam. Anyone with good problem solving skills knows that the next step is to look for simple solutions to pick off the "low hanging fruit". The legal method (this one or otherwise) is simply a step to stop a certain percentage of spammers. If a good technical solution can only deal with 95% of spam, now you have something to do with some of that other 5%.

      There are smart spammers, but there are a TON of dumb spammers who are only doing this because someone showed them how and said its legal and easy. Now those people have to consider that what they are doing is illegal. Many will continue to do so, but many will stop, and thats a Good Thing in my opinion.

      As far as the unintended aspect, thats a tricky one. There are many times when accidents are punishable. If you accidentally send a mail to your do-not-mail list, should you be punished? If you accidentally leave your car in drive and it runs someone over should you be punished?

      The other unintended consequence (especially given the FBI's recent track record) is that this will be used beyond the scope of fighting spam. That, of course, is a risk with any law, and dismissing this one based on that fear, without specific examples, is unreasonable.

      --

      This is not the greatest sig in the world, this is just a tribute.
    33. Re:Politicians for Ya by 24-bit+Voxel · · Score: 1
      I have my email openly posted on other boards on the internet and I also have very very little junkmail. I have gotten 2 bulk mails ever from yahoo, I wonder why this is?

      Just thought to tell you that you are not alone.

      Vox

    34. Re:Politicians for Ya by t0ny · · Score: 2, Interesting

      All of this could have been avoided if the idiots in the Judicial Branch would have allowed existing 'junk fax' laws apply to email.

      --

      Manipulate the moderator system! Mod someone as "overrated" today.

    35. Re:Politicians for Ya by some+guy+I+know · · Score: 1
      Believe it or not, this email address gets only 1-2 spams a day...Can anyone tell me what the hell I'm doing right?
      This is all speculation on my part, but ...
      • Your email address begins with "anonymous".
        Some SPAM software may not mail to "anonymous", or remove the "anonymous" from the address.
      • Your email address ends with several digits.
        It's possible that some SPAM software drops the digits and mails to "anonymous@..." instead.
      • Put the above two together, and your email addres becomes null.
      On a slightly different note, I've read somewhere that most SPAM software doesn't send mail to "abuse@...", so if you have your own domain, use "abuse@..." as your email address, and you will rarely get SPAM.

      I once posted to a newsgroup using the address "xyz-dont-spam@...", and started receiving SPAM at "xyz-dont-@...", so some SPAM software does play with email addresses.
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    36. Re:Politicians for Ya by anthony_dipierro · · Score: 1

      If the bill will have no effect then why waste important senate time with it.

      At least this will get those who spend their time trying to get an anti-spam law passed to stop wasting their time. At least those of us who believe that spam must be solved by technical means can point to the failure of the legislative solution to back up our claim.

    37. Re:Politicians for Ya by digitalunity · · Score: 1

      The odds of defeating breast cancer by legislation is extremely low

      Too late. Gene therapy beat the legislation to it. It looks like the most malignant forms of breast cancer will be no more, very, very shortly.

      I'm glad to hear all those pink ribbons and Fight Breast Cancer walk-dollar's went to some good.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    38. Re:Politicians for Ya by digitalunity · · Score: 1

      I don't think you understand what that means. I live in Washington state and we have our own anti-spam law. If this bill becomes law, I will have two laws at my disposal. I personally could sue a spammer under WA state law, and my ISP could sue under this Federal law(if passed, which it will).

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    39. Re:Politicians for Ya by budgenator · · Score: 1

      Let me send you a couple of "Ecards" muhahahah!
      Seriously, the wife sent me a few Ecard to an account that I actualy try and use and it gets about 200 spams a day, the account that I use as spam-bait get about 3.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    40. Re:Politicians for Ya by budgenator · · Score: 1

      Oh realy, check out Spam suit to see how a Michigan man sued sears,
      * Case Number: 03-73823sc
      * Court: Small Claims Court, 44th Judicial District (Royal Oak, MI.)
      o Phone: (248)246-3600
      * Presiding: Magistrate Donald R. Chisholm
      * Trial Date: 2-4-2003
      * Award: $539.00 (including court costs)

      If you read the law you'l see that the definition of a fax machine revolves arround the capability, not the actual use as a fax, and that it makes unsolicted messages to a telephone facsimile machine illegal. Make forged headers criminal, now we can easily track the suckers!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    41. Re:Politicians for Ya by jqh1 · · Score: 1

      true, but only to the extent that the WA state law "prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto" -- any portion of the WA state law that relates to spam in another way will be superseded by the federal law (and therefore no longer applicable) by virtue of 108(b)(1) and the supremacy clause of the US Constitution. It's hard to argue that spam doesn't affect "interstate commerce", so 108(b)(1) would probably easily survive any 10th amendment (or similar) challenge.

      --
      who's moderating the meta-moderators?
    42. Re:Politicians for Ya by PaulTozour · · Score: 1

      > That may what your smug self-important
      > self wants to believe it means, but that
      > doesn't make it true.

      Well now.

      You're quite a one to talk about smug self-importance, aren't you, Chris.

  3. Wonderfull by SpacePunk · · Score: 1

    Now spammers will finally have that 'qualified opt-in list!' they always crow about.

  4. Fuck 'em. by InterruptDescriptorT · · Score: 4, Insightful

    It's not going to help the influx of spam from China, Taiwan or Russia, which is where I seem to receive most of my spam.

    I think the Senate, as usual, passed a do-nothing measure that will have not an ounce of effect on the literally 350 spams I receive a day. (Yes, I do use spam filtering.) Congress would be better off to provide tax credits for companies producing filters, starting a massive education campaign on how you can stop unwanted e-mails using these filters, and investing heavily in research projects to improve filtering.

    But this is a bunch of more fucking useless bullshit--par for the course for this Administration.

    --
    Karma: Excellent Birds (mostly as a result of listening to Laurie Anderson)
    1. Re:Fuck 'em. by jon3k · · Score: 1

      Maybe you need to review your spam filtering policies.

      Our gateway (linux + spam assassin + RBL's) stops tens of thousands of emails a month. In the last 6 months I got one piece of spam ... and it was tagged "SPAM: " in the subject line.

    2. Re:Fuck 'em. by aborchers · · Score: 2, Insightful
      It's not going to help the influx of spam from China, Taiwan or Russia, which is where I seem to receive most of my spam.


      No, it won't. But with a national policy with force of law against spam, all we (as admins) have to do is block mail from countries that refuse to abide by similar policies. If those countries want to communicate with the US, they will address their own spam problems.

      I do not like the idea of Balkanizing the Net, but spam is an unsupportable catastrophe of scale that has to be stopped even if the surgery required is invasive. As long as the law criminalizes behavior rather than technology, I'm all for it...

      On another point you made: subsidized or not, filters from commercial companies are bullshit. I should not have to pay to not receive crap I don't want.

      --
      Trouble making decisions? Just flip for it.
    3. Re:Fuck 'em. by Anonymous Coward · · Score: 0

      To me the biggest bullshit is that the Senate can pass a bill 97-0 and the House and White House aren't going to act. I guess a bunch of angry voters isn't enough to get action. We need to hire lobbyists.

    4. Re:Fuck 'em. by JPelorat · · Score: 1

      If it's a bogus bill that won't actually do anything, NO, THEY SHOULDN'T ACT, no matter how many pussies like you whine about it.

      Interesting too that you think the Senate can do no wrong. Time for another tax-cut bill, hehe.

      --
      Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
    5. Re:Fuck 'em. by bill_mcgonigle · · Score: 1

      It's not going to help the influx of spam from China, Taiwan or Russia, which is where I seem to receive most of my spam.

      You forgot Korea.

      So block 'em. I don't need to receive much ham at all from those countries, so if they can't get their act together they get blocked. I can whitelist the ones I need to.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Fuck 'em. by CelloJake · · Score: 1

      I'm not a fan of the bill, or Senator McCain, but I wouldn't be a fan of tax credits for filters, government education or government research. I think these are projects that private companies should have enough resources to pursue freely without using my tax dollars. If I think that a filter is good, I may buy it. If someone produces crap, I don't want them getting any of my money, before or after taxes.

      And if people need help learning how to use an email filter, they should take a computer class. It may cost them 20 bucks, but it shouldn't cost me 20 bucks. I already know how to block my spam.

      And if you are in a situation where your email must be available to the public and you get that many spams a day, then you may want to invest in some technology to help you with it. But don't tell the government to spend my money on it. I'd rather my taxes go into highways and killing our enemies. Those are just about the only thing I think our federal government does really well.

      -Jacob

    7. Re:Fuck 'em. by watzinaneihm · · Score: 1

      But most of the advertisers are still in the US since most of the revenue from online sales is from US. They just outsource their advertising to outside agencies. So if ou can prove that a US company asked a Taiwaneese company to send you spam, it should be easy to get them convicted too.So the rule is not altogether bad.

      --
      .ACMD setaloiv siht gnidaeR
    8. Re:Fuck 'em. by letxa2000 · · Score: 1
      The Administration (White House) *HAS* expressed support for the bill. The expected road block is in the House, not the White House. Sorry, can't blame this one on Bush.

      That said, I'm not sure that enacting legislation that will not solve the problem but may lead to unintended consequences is really a good idea.

    9. Re:Fuck 'em. by Salgak1 · · Score: 2, Insightful
      One point:

      But this is a bunch of more fucking useless bullshit--par for the course for this Administration

      The Sponsor of the bill is Sen. Charles Schumer (D-NY). He's not exactly a part of the Administration. . .

    10. Re:Fuck 'em. by Anonymous Coward · · Score: 0
      • But this is a bunch of more fucking useless bullshit--par for the course for this Administration.

      The Senate is not part of "this administration", which refers to the executive branch, not the legislative.
    11. Re:Fuck 'em. by joealvarez · · Score: 0

      +mod

    12. Re:Fuck 'em. by Anonymous Coward · · Score: 0

      I think it still will, if the spammer is just sending from an over seas domain and such they could still be help liable if they reside in the USA. They wont be-able to hide just because they send from over seas. Its not perfect but its a start.

    13. Re:Fuck 'em. by ncc74656 · · Score: 0, Flamebait
      The Administration (White House) *HAS* expressed support for the bill. The expected road block is in the House, not the White House. Sorry, can't blame this one on Bush.

      Since when have Slashbots ever let the truth get in the way of bashing that which they hate?

      --
      20 January 2017: the End of an Error.
    14. Re:Fuck 'em. by Anonymous Coward · · Score: 0

      Interesting. That post had the same idea, but later. It got +1. This post had the idea first. It got -1.

    15. Re:Fuck 'em. by Threni · · Score: 1

      "the literally 350 spams I receive a day. (Yes, I do use spam filtering"

      Do you use Thunderbird? I can't believe you`d get that many spam emails if you did. Or are you counting the ones which ARE successfully filtered?

    16. Re:Fuck 'em. by Anonymous Coward · · Score: 0

      mod parent up

    17. Re:Fuck 'em. by Anonymous Coward · · Score: 0
      John Kerry and John Edwards were 2/3 of the missing votes. They were too busy daydreaming about being presidential timber.


      STick a fork in it -- those 2 are washed up has-beens.

    18. Re:Fuck 'em. by Unsolicited+Commando · · Score: 1

      You mean like a D.A.R.E program for SPAM? I can just imagine a nerdy computer tech going into every 6th grade classroom to tell kids to stay away from websites offering penis enlargement pills. That'll go over real well.

      --

      Get revenge: Unsolicited Commando

    19. Re:Fuck 'em. by Anonymous Coward · · Score: 0

      If you receive that much spam and are tired of it, change your email address and stop whining. At least someone is willing to do something about it.

  5. Drat by hrieke · · Score: 2, Interesting

    It doesn't allow for mobs to tear the spammers limb from limb, lynching, or any other fun group activities.

    (Grim) Humor aside, the only thing that I can see this doing is forcing spammers to move off shore, open shell companies in spam havens, and generally make things harder to do.

    Hate to say it, but I think it is time to move beyond email.

    --
    III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
    1. Re:Drat by Anonymous Coward · · Score: 4, Insightful

      It has one thing that's really needed. Jail time. These spammers get caught from time to time, but just file for bankruptcy, so they have little fear of the government. A threat of jail time would end lots of spam even without enforcemnt.

    2. Re:Drat by DougMelvin · · Score: 3, Funny

      Hate to say it, but I think it is time to move beyond email.

      Such as... telepathy??

      --
      Reality is in the mind of the beholder - me 1996
    3. Re:Drat by webtre · · Score: 2, Funny

      Soon to come in 3004:
      damn! a teenager on the street gave me another thought advertisement for some penis enlargment product

      --
      litigious bastards
      suck it sco!
    4. Re:Drat by Anonymous Coward · · Score: 0

      Not only jail time, but we need to teach the prison population that Spammers are as bad as child molesters and needed to be treated appropriately. That would stop a lot more spam.

    5. Re:Drat by leroybrown · · Score: 1

      Aren't we the people that bitch endlessly when we hear about people getting jail time for cracking someone's system? Now were equating spammers with mother rapers and father stabbers... that's just great. Way to be hypocritical.

      --
      Founder, Americans Allied Against Alliteration
    6. Re:Drat by Misch · · Score: 1

      Literally, it prevents mobs from doing that.

      Section 107 limits the ability to sue to States and ISP's.

      Under section 104, It's punishable by fine or no more than 1 year in jail for first offense, a fine or up to 3 years in jail if it's large, is a conspiracy of 4 or more people, or is done through hacking, and it is a fine or up to 5 years jail time if it's a repeat offender or has been convicted of a similar crime, or it is done to further the commitance of another felony (like a Nigerian 419 scam or pyramid scheme or somthing else.)

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    7. Re:Drat by anthony_dipierro · · Score: 1

      A threat of jail time would end lots of spam even without enforcemnt.

      Yeah, just like the "No Electronic Theft" Act stopped so many people from infringing copyright.

  6. Might want to think about changing the name.. by DrEldarion · · Score: 3, Interesting

    The name of the bill is a little bit misleading. When I first read it, I read it as "[you] can spam" as opposed to "can (get rid of) spam".

    It's a shame that they think it won't go anywhere, though...

    -- Dr. Eldarion --

    1. Re:Might want to think about changing the name.. by dspfreak · · Score: 1
      Yeah, I think it was supposed to be funny (Spam comes in a can, right?), but it kind of backfired. I don't think the lowest form of humor belongs in the title of official government stuff.

      --
      "Tolerance is the virtue of the man without convictions." -- G. K. Chesterton
    2. Re:Might want to think about changing the name.. by Anonymous Coward · · Score: 0

      When I first read it, I read it as "[you] can spam" as opposed to "can (get rid of) spam".

      Nah, you're pronouncing it wrong. It's can spam, not can spam.

  7. Best Spam Recently by da3dAlus · · Score: 3, Funny

    A co-worker got one yesterday "Get Viagra - Half Off!". Kinda defeats the purpose, no? :)

    --

    Sometimes I doubt your commitment to Sparkle Motion.
    1. Re:Best Spam Recently by UrgleHoth · · Score: 1

      that would be more funny if it were "Enlarge your Penis - Half Off!"

      --

      Dogma - "let's just say we'd like to avoid any empirical entanglements."
  8. Ledgislation is BAD by brakk · · Score: 1, Troll

    Passing a law to fix spam is a bad Idea. After they get this passed, then they will pass more laws to outlaw more "bad" things on the internet.

    Just let the technology fix its self. Or if they want to help, maybe fund some research on an SMTP alternative.

    1. Re:Ledgislation is BAD by Chibi+Merrow · · Score: 2, Informative

      No, legislation is good if it's well thought out. CAUCE has always suggested expanding the TCPA Junk Fax provisions to junk email, and honestly that's a good solution. That lets civilians file their own legal action against spammers and the companies they advertise for $500 a pop instead of creating some huge worthless beaurocracy to deal with it.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    2. Re:Ledgislation is BAD by WIAKywbfatw · · Score: 1

      "Ledgislation is BAD"?

      Hmmm. Looks like someone here could do with a few dictionary sales spams.

      --

      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    3. Re:Ledgislation is BAD by schon · · Score: 2, Insightful

      Passing a law to fix spam is a bad Idea

      First of all, this law doesn't "fix" spam - which would be pretty difficult, as spam isn't really broken.

      Second of all, a properly-worded anti-spam law is a great idea - it's a necessary step that will officially recognize that spam is both theft of service, and harrassment.

      Just let the technology fix its self.

      The problem is that the technology isn't broken. Spam exists because spammers want something for nothing, and don't care who they annoy or steal from. Technology can't "fix" that. We solve social problems with laws. Spam is a social problem.

    4. Re:Ledgislation is BAD by Misch · · Score: 1

      Perhaps the definition of "fix" that is being applied here is "To spay or castrate (an animal)."

      Sadly, this bill doesn't recognize spam being so much being "theft of service and harassment" as it recognizes it being "legitimate business opportunity that people are being fradulent about"

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    5. Re:Ledgislation is BAD by Anonymous Coward · · Score: 0

      Maybe someone here could do with a few penis enlargement spams. Maybe if you had a bigger dick, you wouldn't feel the need to compensate by being a spelling Nazi.

    6. Re:Ledgislation is BAD by Anonymous Coward · · Score: 0

      I'm guessing that you're an American. Hence the complete inability to spot what is obvious to a blind man - ie, the grandparent post is a joke. Get a sense of humour you fool.

  9. Ah, the smell of an upcoming election year... by Anonymous Coward · · Score: 0, Offtopic

    Politician: I voted against spam!
    Constiuent: Yay!

    Ugh. Why don't they vote against rained-out baseball games? The odds of ending rained-out baseball games by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.

    1. Re:Ah, the smell of an upcoming election year... by Anonymous Coward · · Score: 1, Interesting
      Hey, this could have Slashdot trolling legs:

      The odds of ending In Soviet Russia Posts by moderation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.

    2. Re:Ah, the smell of an upcoming election year... by Bendebecker · · Score: 1

      Step 1: Pass useless law.
      Step 2: Pat self on back.
      Step 3: Give self pay raise for passing useless laws.
      Step 4: Profit!!!

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    3. Re:Ah, the smell of an upcoming election year... by Anonymous Coward · · Score: 0

      Genious!

      Let's go with it. I've met with the trolling council, and the trolling QA board, and they said it's a "go".

      The odds of this having an appreciable effect on the trolling quality are low, but that does not mean we should stand idly by and do nothing about it.

    4. Re:Ah, the smell of an upcoming election year... by Anonymous Coward · · Score: 0

      In Soviet Russia, legislation votes against you!

    5. Re:Ah, the smell of an upcoming election year... by webtre · · Score: 1

      (see also Amendments to the Constitution of the United States of America #27)

      --
      litigious bastards
      suck it sco!
  10. Stuck with Outlook? by rjamestaylor · · Score: 5, Informative
    If you're one of the many who doesn't really have a choice but to use Outlook on Windows, there is anti-spam help available in the form of an open source SourceForge project called SpamBayes.

    I downloaded and installed the latest version last night and am very impressed with this seemlessly integrated Bayesian Spam Filter (make sure anti-virus software is disabled before installing -- which can be difficult with McAfee as I discovered).

    Very much recomeeded.

    --
    -- @rjamestaylor on Ello
    1. Re:Stuck with Outlook? by gpinzone · · Score: 2, Insightful

      I'm very happy with Yahoo Mail and it's free spam filtering system However, I've heard their premium service will (or now does) offer a Bayesian spam filtering service. They're also going to offer a "spam gourmet" service that will allow you to give out an email that can be discarded after you're done with it.

    2. Re:Stuck with Outlook? by Anonymous+Codger · · Score: 1

      I'll second the vote for SpamBayes. I get over a hundred spams a day at my work address, and the filtering capability in Outlook is worthless. I installed SpamBayes a couple months ago and Outlook is usable again.

      It took about a week to train it, but since then its performance has been terrific. It gets very few false positives, and every one of those has gotten into the Possible Spam folder so I can salvage it and further train SpamBayes that it's not spam. A few spams get through to the inbox, but nothing like what I used to get.

      --
      No sig? Sigh...
    3. Re:Stuck with Outlook? by pmz · · Score: 1

      I'm very happy with Yahoo Mail

      I just wish Yahoo! Mail wasn't so slow over a modem. Otherwise, it would be a near-perfect service.

  11. Anyone remember by IWantMoreSpamPlease · · Score: 1, Interesting

    when Congress used to work on laws that affected the Nation? These days, they would rather pass stupid (and worthless) laws about things that have no effect on the Nation (as a whole) instead of going after the real problems.

    As well, add another (potential) law that will be ignored wholesale by the populace.

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
    1. Re:Anyone remember by rscrawford · · Score: 1

      when Congress used to work on laws that affected the Nation?



      Whoa... when was that?
      --
      -- The reason it's called the right wing? Irony.
    2. Re:Anyone remember by DarkBlackFox · · Score: 1

      They call it scapegoating. Seems to be quite popular these days...

  12. Well duh by Anonymous Coward · · Score: 3, Insightful

    Legislation alone won't solve the problem. Technology alone won't solve the problem. Technology combined with legislation can HELP.

  13. Stop wasting your time, Congress. by illuminata · · Score: 0

    Sure, trying to end spam sounds nice and all, but the people in Congress almost never think of the repercussions that a new law could make, just to make it look like they're being effective in the public eye.

    Rather than fucking around with new laws that have the high potential to create new problems, how about getting some useless and laws off of the books instead?

    --


    Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
    1. Re:Stop wasting your time, Congress. by illuminata · · Score: 0

      It should read useless and bad laws, not useless and laws.

      Words have been coming up missing in posts lately, scary. I wonder where they're going.

      --


      Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
    2. Re:Stop wasting your time, Congress. by Bendebecker · · Score: 1

      Personally, I think we should throw out the entire law, start form scratch, and make lawyers illegal.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    3. Re:Stop wasting your time, Congress. by illuminata · · Score: 0

      Sounds like fun. I'd make politicians illegal as well. Then we'll see what laws are worthy of making it...

      --


      Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
  14. What they really need to do by andih8u · · Score: 5, Insightful

    Is go after the companies that sell ("rent") your information to the spammers. I know I didn't register for the national do-spam-me list, and I only gave my email out to "reputable" sights, so someone gave it away somewhere despite their privacy policy. You'd think there'd be a way to backtrack how these companies get this stuff.

    --


    slashdot, news for crazed liberal socialist zealots
    1. Re:What they really need to do by the_mad_poster · · Score: 1

      Easy. Run your own e-mail accounts.

      You can either set up your own mail server, or, for a couple of bucks, go get a throw-away webspace with someone (I use 4dwebhosting.com - $4.95 a month) who lets you have unlimited e-mail accounts. $4.95 a month, I get some space to play with, my own URL and I have unlimited e-mails. I set up one account for each place that wants my e-mail address, get a password or whatever, then delete it. Viola. No spam on my friends/family account which stays safely away from the Web. If you're feeling spunky, keep a record of which site gets which address, then keep the addresses alive. If you start getting spammed by one, you know who to skewer.

      I'm kind of screwed on my one account though. I post my e-mail in newsgroups, my site, and forums so people can contact me about projects we're discussing and whatnot... so I get killed on that one by spambots hunting e-mail addresses, though, Thunderbird handles it pretty well.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    2. Re:What they really need to do by Tin+Foil+Hat · · Score: 1

      There are many ways to attract spam, and some of them do not require that you give your email address to anyone, including your own mother.

      The most obvious is the dictionary attack. This probably won't affect you much if you have a relatively obscure mail address, but addresses at any of the major ISPs or free email providers are perfect targets.

      Even if you only give your email address to friends and family, who is to say that they won't let the address slip somewhere? Perhaps they like those free eGreeting card services - some of those are notorious spam havesters.

      I hate to say it, but I think that there will have to be some sort of legislation before the spam problem can be checked. Unfortunately, current computer crime laws do not cover spam in an effective way because they tend to target the sender of the spam instead of his customer. For spam legislation to be truly effective, it will be necessary to apply the law to people who commission spammers, not just the spammers themselves.

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
    3. Re:What they really need to do by Beryllium+Sphere(tm) · · Score: 1

      http://www.sneakemail.com
      generates a new unique address for everybody who wants to send you email. It forwards to your real address. When one sneakemail address begins getting spam you can turn it off and take whatever action you choose toward the entity who leaked it.

  15. It's been said time and time again... by Sebby · · Score: 2, Insightful
    Technical problems require technical solutions; trying to solve a technical problem with a law is completely futile.

    Imagine trying to solve the powergrid problem with a law - people would simply laugh at that.

    --

    AC comments get piped to /dev/null
    1. Re:It's been said time and time again... by Steve+B · · Score: 2, Interesting
      Spamming is both a social (some people are sociopaths who are willing to live by theft) and a technical (it is difficult to reliably screen e-mail sent under the incumbent protocol) problem.

      In this, it is similar to the problem of burglary -- both better locks and better law enforcement have their place.

      --
      /. If the government wants us to respect the law, it should set a better example.
    2. Re:It's been said time and time again... by webtre · · Score: 1

      ...and trying to solve a law problem with technology is also futile respectively.

      --
      litigious bastards
      suck it sco!
    3. Re:It's been said time and time again... by Sebby · · Score: 1
      Good point.

      But more often than not, the law is either too restrictive, or too lax to make any difference. So while I agree with you that those that try to abuse the system should be punished, I feel the efforts here would be better spent on a technical solution that would make the payoff of such abuse not worth the effort.

      Of course for it to really work in the end, people would need to also stop reading the SPAMs that do get through.

      --

      AC comments get piped to /dev/null
    4. Re:It's been said time and time again... by Thuktun · · Score: 1

      Technical problems require technical solutions; trying to solve a technical problem with a law is completely futile. Imagine trying to solve the powergrid problem with a law - people would simply laugh at that.

      If a powergrid problem had to do with systematic failure to use up-to-date hardware, systems, and safety measures, yes, a law may do some good.

      Not all problems involving technology are technical problems. Spam is more a social problem than a technical problem.

    5. Re:It's been said time and time again... by Saeger · · Score: 1
      both better locks and better law enforcement have their place

      And better economics - then people aren't so desperate to spew garbage to sell garbage so they can eat.

      --

      --
      Power to the Peaceful
    6. Re:It's been said time and time again... by schon · · Score: 1

      better economics - then people aren't so desperate to spew garbage to sell garbage so they can eat

      A better economy won't stop spam.

      The social part of the spam problem is that spammers want something for nothing, and don't care who they annoy or steal from.

      Spammers aren't desperate, they're sociopaths. Even if a job is available for them, they'd rather spam, because then they don't have to work.

      Once spam is illegal, the spammers will move to another, less public, get-rich-quick scheme.

    7. Re:It's been said time and time again... by Saeger · · Score: 1
      A better economy won't stop spam.

      I was thinking a little farther down the road -- when robotics, AI, molecular manufacturing, etc., have ushered in the potential economy of abundance -- where the incentive to be a spamming asshole shrinks away to nothing because just about everything is cheap and automated.

      I guess you still might see spam like "Buy a SPACIOUS quarter-acre of Kansas realestate for only $1,000,000!!!", or "SECRET gene therapy for a larger penis! Better than the OPEN SORES solution!!!", or "Meet a REAL celebrity for only 150 luxury tickets! Virtual Reality is for losers!", or... whatever.

      --

      --
      Power to the Peaceful
  16. Kiss Free Speech Good Bye by Anonymous Coward · · Score: 1, Interesting

    When you start getting sued for sending your resume to 100 different companies, ask yourself, was it worth it?

    1. Re:Kiss Free Speech Good Bye by Anonymous Coward · · Score: 0

      stfu it's spam. Spammers don't have rights.

    2. Re:Kiss Free Speech Good Bye by blizzardsoup · · Score: 2, Insightful

      If you CC'd me on an email containing your resume that you also sent to 99 other companies, I'd make sure that you never worked for my company you lazy git.

    3. Re:Kiss Free Speech Good Bye by Spl0it · · Score: 2, Insightful

      Just an FYI. Most people who send out there resume do address it to a company member, do include valuable information, DO NOT try and sell products, and do not falsify the return headers. When the return headers are true, and your addressing a member of a company with a legitimate request/email (say a response to a post about job openings) no judge is going to charge you with spam.

      --

      No, this is
    4. Re:Kiss Free Speech Good Bye by Anonymous Coward · · Score: 0

      That's what BCC is for you idiot.

  17. Funny how that works by Otter · · Score: 5, Insightful

    It goes to show you -- when it's clear that there's a real consensus, legislators don't hesitate to act, cynical sneering about "buying votes" notwithstanding. As soon as it became clear that the popularity of telemarketers with Americans was somewhere above Osama bin Laden and below Saddam, you've never seen any legislation move so fast. And now that it's dawning on them that spamers are about as popular (true, they don't bother you during dinner, but then telemarketers don't send bestiality pictures to your kids) they figure there are additional points to be scored.

    1. Re:Funny how that works by Anonymous Coward · · Score: 0
      It goes to show you -- when it's clear that there's a real consensus, legislators don't hesitate to act, cynical sneering about "buying votes" notwithstanding.

      It's simply because there's no corporate interest here -- no lobbyists for XYZ company coming forth with "SPAM GOOD!" on their lips and large campaign contributions in their hands.

      ...the popularity of telemarketers with Americans was somewhere above Osama bin Laden and below Saddam...

      What about the popularity of pharmaceutical companies? I'd say there's a real consensus to do something about the staggering cost of prescription drugs. But it ain't happening -- is it?

      Oh, cynical? Did you say cynical?

  18. This is great! by apoplectic · · Score: 3, Interesting

    Until some local yocal judge from Oklahoma decides that the bill is unconstitutional, just like the do-not-call list.

    And, of course, I must unoriginally question just how they plan to enforce this? Perhaps we should just invade any country that originates more than .01 spams per capita? Sounds democratic enough. And, hey!, we'd expand to 60 states in no time! If expansion is good for the NFL, it is good enough for the U.S. of A!

    1. Re:This is great! by webtre · · Score: 1

      if the judge is from oklahoma, we must call him a local yocal

      --
      litigious bastards
      suck it sco!
    2. Re:This is great! by Angram · · Score: 1

      Well, a general anti-unsolicited-advertising-in-private-domains-Am endment makes more sense than an anti-telemarketing one. Two birds (and many potential ones in the futues) with one Amendment.

      --

      GL
    3. Re:This is great! by nomadic · · Score: 1

      Until some local yocal judge from Oklahoma decides that the bill is unconstitutional, just like the do-not-call list.
      It would need a federal judge; they tend not to be yokels, and even if they make a mistake you can easily appeal to higher courts.

    4. Re:This is great! by apoplectic · · Score: 1

      Ack! "Yokel" not yocal. I must be from Oklahoma to spell yokel that way!

  19. This will only momentarilly stop the hemorrhaging by Brainiac252 · · Score: 2, Insightful

    Great, now you've made it harder for "Joe Blow" to send spam. That's dandy, but over 70% of the spam in the world is accounted for by 20 or so people. Those 20 people also happen to be located offshore, and if they're not they'll be moving there shortly. I read an interesting story a couple of weeks ago that discussed the governments inability to stop spam from offshore. I don't know exactly what the answer is to spam but I know it's not legislation.

    On a side note, as an end-user, I've experienced success with a service called Shadango.com. I started using it after my hotmail address became practically useless due to the amount of spam I was receiving. It has kept my inbox junk-free, and it allows me to check both my hotmail address and students address all from the same interface.It's definitely worth checking out.

    Like I said this will only momentarily stop the hemorrhaging!

    Brian Jensen

  20. "CAN SPAM" = OK, you CAN SPAM at will by Steve+B · · Score: 4, Insightful
    A couple of the bad provisions of this bill, as reported by the Washington Post:
    1. Preemption of state anti-spam laws.

    2. Individual right of civil action against spammers is expressly denied.

    This should be called "The Spammer's Freedom Of Speach Charter"
    --
    /. If the government wants us to respect the law, it should set a better example.
    1. Re:"CAN SPAM" = OK, you CAN SPAM at will by SpaceLifeForm · · Score: 3, Interesting
      Then this bill is unconstitutional The Federal government can not take away rights from the states, nor can it prevent the citizens of those states from taking action against the spammers.

      Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    2. Re:"CAN SPAM" = OK, you CAN SPAM at will by Zathrus · · Score: 4, Insightful

      I think you need to read up on your legal knowledge.

      Federal law trumps state law. Ammendment X is not applicable here, any more than it is for the Do Not Call list or the Fair Credit Reporting Act because this law is made under the auspices of interstate trade which the federal government is explicitly granted authority over in the Constitution. And spam is most certainly interstate... in fact, the state laws do little or nothing because enforcement ends at the state line. To a large extent it's questionable whether or not this law will do anything since enforcement will end at the US border, but if it's well designed (which is questionable) then it's at least a start.

      Sadly, nothing short of completely replacing SMTP with a more secure protocol, including authentication, is going to stop spam.

    3. Re:"CAN SPAM" = OK, you CAN SPAM at will by IthnkImParanoid · · Score: 1

      Which is why California can have legal medical marijuana, and Oregon can allow euthanization of terminally ill patients.

      Oh wait, no they can't.

      For better or for worse, there are alot of cases where the Federal Government trumps state laws.

      --
      It's nothing but crumpled porno and Ayn Rand.
    4. Re:"CAN SPAM" = OK, you CAN SPAM at will by Anonymous Coward · · Score: 0

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      But interstate commerce is a power delegated to the US by the Constitution.

  21. It might be a good idea by venicebeach · · Score: 1

    even if it doesn't stop spam. Its time the people of the world stood up against these bastards even if its just a symbolic gesture. What the spammers are doing should be considered "illegal".

  22. do not spam registry by CSIP · · Score: 1

    their idea of a do not spam registry is interesting, *if* it was respected by spammers (or if there were penaltys imposed on those who ignore it) people who sign up for the resigtry aren't likely to respond to it anyhow.

    --
    "Nyquil - The stuffy, sneezy, why-the-hell-is-the-room-spinning medicine."
  23. Doing something about it? by goldspider · · Score: 1
    'The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.'

    So the obvious solution is to waste time making laws that do nothing about it.

    Sometimes I wonder how people this dumb come to represent us... through feel-good do-nothing legislation like this, I suppose.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:Doing something about it? by Bendebecker · · Score: 1

      "Reader, suppose you were an idiot. And suppose
      you were a memeber of Congress. But I repeat
      myself."
      -- Mark Twain

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
  24. That's great and all... by Anonymous Coward · · Score: 0

    But will this allow for LEGAL spam (something I don't think any of us want)?

    I guess we can all point to being on the "do not spam" list, but...

    In a related note, I wonder if we'll be able to sign up a whole domain for the do not spam list? E.G. if I run a mailserver on example.com, will I be able to block out *@example.com from getting spam?

    Lastly, will ISPs still be able to reserve extra latitude for punishing those spammers who violate their ToS? E.G. even if they send "legal" spam in contravention of the ToS, can the ISPs still ban the practice?

    I just hope this law is "good enough" since a bad law could actually make our spam problems worse :/

  25. MOD PARENT UP by Anonymous Coward · · Score: 0

    MOD PARENT UP

  26. Re:This will only momentarilly stop the hemorrhagi by Steve+B · · Score: 2, Funny
    over 70% of the spam in the world is accounted for by 20 or so people

    That could be a problem -- after Afghanistan and Iraq, I'm not sure if we still have 20 Predator-mounted Hellfires in stock.

    --
    /. If the government wants us to respect the law, it should set a better example.
  27. Effectiveness by tsanth · · Score: 1

    The bill, designed to stop unwanted e-mail pitches such as get-rich-quick scams and miracle drugs, would direct the Federal Trade Commission to create a "do-not-spam" registry similar to the recently inaugurated nationwide do-not-call list for telemarketers.

    I suppose it'll be just a matter of time before spammers find ways to circumvent this, just like how telemarketers are finding ways to circumvent the DNC List. I'm not holding my breath.

    Don't get me wrong--I'd love to be convinced! Personally, I'd like to see the content of the bill itself, but I suppose articles like this will do in the meantime.

  28. You Know.... by Anonymous Coward · · Score: 0

    I submitted the cnn version of this article about 3 hours ago

    1. Re:You Know.... by Anonymous Coward · · Score: 0
      And I submitted it last night at about 11pm. Your point?

  29. End users can no longer sue by realdpk · · Score: 4, Insightful

    From CNN:

    "State and federal law enforcers and Internet service providers such as EarthLink, Inc. would be allowed to pursue spammers, but individual users could not sue directly."

    That's majorly unfortunate. It basically means that spammers will be able to buy (through settlements) access to ISPs, and the customers will have no recourse.

    1. Re:End users can no longer sue by pmz · · Score: 1

      buy (through settlements) access to ISPs

      This would work only if the spammers can provide more money than their spam costs in wasted ISP infrastructure. If a spammer can buy out an ISP for, perhaps, $10,000 for a new mail server, then we're in trouble. So, needless to say, public awareness is still the most effective remedy (attack the spam market at its source: stupid people).

    2. Re:End users can no longer sue by Eric+Savage · · Score: 1

      You the customer have recourse, it's called your wallet. Just find an ISP that guarantees you they won't accept any paid spam. If you can't find one, start one :)

      --

      This is not the greatest sig in the world, this is just a tribute.
  30. find the lost fwibble by midnight! by Anonymous Coward · · Score: 0

    find the lost fwibble by midnight!

  31. Other things the senate voted in by Bendebecker · · Score: 2, Interesting

    They also voted themsleves a new pay raise for the great and wonderous work they are doing in passing unenforceable laws. Aren't you just happy that while we're all getting canned and being forced to work at MickeyD's to put ramen noodle soup on your table, these asshats are giving themsleves raises. The argue its about increase of livimng since the average workers salary went up. I got news for you do, if your salary percent went up its cause either the number of lower salary people out of work is increasing hence giving a better percentage. If your personal alary went up, its becuase you actually did do a good job and got a raise. Note: DID A GOOD JOB. Last time i looked the economy was still in flush mode. So just remmeber that when you look at this law. This law, the time they wasted on it, and others like it is where your tax dollars are going. Gives you a whole a whole new perpective on this law now...

    --
    There's a growing sense that even if The Future comes,
    most of us won't be able to afford it.
    -- Lemmy
    1. Re:Other things the senate voted in by clifyt · · Score: 2, Insightful

      So what?

      It was a cost of living increase. I work for a public institution and we got shafted this year. We don't get merit increases and promotions are generally out of the question because every year more and more crap is shoved at you so that in all actuality, you are doing far more work than your job description asks for, as is everyone else, so its not in anyones best interest to do so.

      So, we get cost of living increases. This year was a 2%. Our work load went up probably 20 - 30% more than last year.

      I applaud the senate for taking their cost of living increases. They took a 2.2% raise. Is a shitty raise if you ask me.

      I don't care what the rest of the economy is doing, public service SUCKS. Given that each and everyone of us from elected officials down to the janitors that work in the conditions we do, I think a 2.2% increase is the least they could do. It sets an example and if we can't afford that as a country, something is wrong.

      I'm going to call my congressperson and ask that they take a 5% next year and vote that the rest of us get one too.

    2. Re:Other things the senate voted in by pmz · · Score: 1

      They also voted themsleves a new pay raise for the great and wonderous work they are doing in passing unenforceable laws.

      Well, if we ask 100 people if they would vote themselves a pay raise, what answer should we expect? Also, a congressperson's salary is effectively much higher due to all of their perks that come with the territory. Given the immense conflicts of interest, it is probably nearly impossible to get reform in this area.

    3. Re:Other things the senate voted in by Bendebecker · · Score: 1

      Your forgetting dude that:
      1. They have voted themselves a cost of living increase so many times that it means they got a raise of $20,000 dollars total in the last 5 years alone.
      2. They make will now be making $158,000 dollars a year now.
      3. The government serves the public, not the other way around.
      4. They vote themselves cost of living increases almost every year now but they haven't raised the minimum wage since 1997. Guess only their cost of living is going up...
      5. Plus your forgetting about all those lobbies and any money from stock/bonds/etc.
      Why should they get a raise when they are doing a bad job? Why should they get a raise when the economy sucks and they are the only ones getting a raise. It doesn't seem very ethical to me when your voting yourself raises while we have a enormous budget deficit and the economy is in shambles.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    4. Re:Other things the senate voted in by Bendebecker · · Score: 1

      "we can't afford that as a country, something is wrong."
      Yeah, and whose fault do you think that is?

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    5. Re:Other things the senate voted in by clifyt · · Score: 1

      Each and every one of us. We select these people. Its our job to make sure they do it well or find the appropriate replacements. You can't blame anyone else.

    6. Re:Other things the senate voted in by Bendebecker · · Score: 1

      Sure I can, I can blame the elected. We gave him/her repsonnsibilty and he fucked up, blame him/her for fucking up.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    7. Re:Other things the senate voted in by clifyt · · Score: 1

      1. This is done every year. Thats why its a cost of living increase. I don't care how much you are making, if you don't get this each and every year, you are technically loosing money.

      2. Thats not a lot of money. I know a lot of geeks living in California that make that much. My mother made $68k last year in LA after only working half the year as a temp. Sounds like a lot of money from my hillbilly Indiana lifestyle, but then again, I don't have to pay $2k a month for a one bedroom apartment.

      3. No shit. The gov't workers however both serve the gov't as well as are employed by it.

      4. Minimum wage is just that -- the minimum wage that one should be paid. Minimum wage is not something that someone trying to support a family should be after. Even when I was 15 and had to get my parents to sign a waiver allowing me to work, I never make anything less than $2 more than minimum wage. That was at a burger joint. If a 15 year old can do the job and make that kind of money, maybe these people depending on minimum wage jobs are taking jobs meant for a 15 year old.

      5. What the fuck? I have a side business in addition to what I make at my day job. It pays better than the other, but I have no security (hence the fact I haven't ditched out of this place -- that and I feel like I'm making a difference here). What you make outside of your job is entirely different.

      Everyone employed should get a cost of living increase. If Congress expects this, then so should everyone else...

    8. Re:Other things the senate voted in by c4ffeine · · Score: 1

      Wouldn't wage increases for them be good? I mean, it would certainly make them slightly less eager to take bribes...

      --
      "73% of quotes on the Internet are made up" -Ben Franklin
    9. Re:Other things the senate voted in by Bendebecker · · Score: 1

      5. Money that make off lobbies is not outside their job.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    10. Re:Other things the senate voted in by Bendebecker · · Score: 1

      No, they take the bribes as well, they just call them lobbies.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    11. Re:Other things the senate voted in by clifyt · · Score: 1

      Ok, you are officially a clueless fuck.

      Anyone that does this should be impeached and jailed. Several have in the past.

    12. Re:Other things the senate voted in by Misch · · Score: 1

      They have voted themselves a cost of living increase so many times that it means they got a raise of $20,000 dollars total in the last 5 years alone.

      They vote themselves cost of living increases almost every year now but they haven't raised the minimum wage since 1997.

      How do you figure that?

      AMENDMENT XXVII

      No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.


      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    13. Re:Other things the senate voted in by Khaed · · Score: 1

      2) They make that much, plus they keep getting some money every year after they retire. I'm unsure of the amount. Plus, most of these people are wealthy already.

      People live on 30K a year, in this country. Some on less. Not only are these Senators getting paid to sit around and argue along partisan lines, but they have the best healthcare options on the planet.

      And, "geeks living in California" making $158K/year doesn't come from taxpayer pockets.

    14. Re:Other things the senate voted in by clifyt · · Score: 1

      True -- I live off a little love $30k a year from my public employer.

      Then again, I don't have to maintain 2 residences -- one in my home state and one where I am required to work.

      Are you arguing that senators shouldn't get retirement packages? And are you also arguing that one should be rich before they join public office? I think Clinton was saying that he never made more than $30k a year until he became president. Kinda sad...then again, our current president had money thrown at him from birth and he acts like EVERYONE has too...no wonder he isn't in touch with the common man.

      These are important positions...they should be treated well...just like our teachers, police officers and fire fighters should be. I would never argue those guys should get less, but I would argue the others in public service should definately get more.

    15. Re:Other things the senate voted in by Khaed · · Score: 1

      No, I'm not saying they shouldn't get retirement packages. But they're already well off, generally. Take John Kerry for example.

      Clinton was a Governor before he was president. I'm not completely sure, but I'm fairly sure gov's make more than 30K/year. I could care less about Bush being rich, because I don't like him. (Don't like Clinton, either. Didn't bring either up. Didn't mention either's party, either...)

      Neither Clinton nor Bush are Senators, either.
      I'm not saying they shouldn't be paid, but $158K/year is a *LOT*. Especially since they take way more vacations than anyone else, all their stuff is paid for, they get free transportation. They have personal assistants. Cost of living or not, they're already way ahead of most of the country.

      Teachers, police officers and fire fighters aren't paid that much, by the way. A lot of fire fighters in the country are volunteer, too.

      I'm not saying Senators aren't important, or that they're all rich(or should be), but generally they're pretty well off, and maybe with the economy the way it is, they should give the pay raise a break for a while. Even if it doesn't make much difference in the economy.

    16. Re:Other things the senate voted in by clifyt · · Score: 1

      You are right -- Clinton made $35k as Gov'r...not the mere $30k I had stated.

      Had to look it up :-)

      As for teachers, police officers and fire fighters -- I F'N KNOW!!! That was my point. They SHOULD be paid a lot more than they are!!! There should be no volunteer fire fighters. When I lived in Arkansas, that was the way things were done -- volunteer only (at least in my county)...if you didn't pay the volunteer fees, they'd sweep the burning home for residents, and then make sure the fire didn't spread to other homes. I agree with the tactics as it was necessary to keep it funded, BUT no public officer should have to work for nothing.

      Back to the point, by keeping salary low, you end up with folks that are financially well off whether that is the intent or not. John Kerry wasn't rich -- he ended up with a little money because he married well (after her former politician husband was killed in a plane accident a few years back). I'd like to see more commoners like you and I as senator...make it possible for this to happen. Give them the money they need so they aren't looking at backend deals like some politicians we have right now (need I say Haliburton).

    17. Re:Other things the senate voted in by oh · · Score: 1

      I'm sorry that I don't know where to find a link to this, but it really happened a few years ago.

      In one of the states of Australia the MP's pay increases were linked to the general public service. If the public service got a 3% raise, the polititians automaticaly got the same. In this way they didn't have to vote themselves any pay rises.

      One year the public sector union managed to secure a big pay increase. I can't remember exactly how much but it was between 2-3 times the normal yearly ammount. The economy wasn't great, and the MPs didn't want to look like they were getting big pay increases when the rest of the economy was tanking. So they actualy had to vote to not get a pay rise that year.

      --
      Democracy isn't about no one telling you what to do. It's about everyone telling you what to do.
    18. Re:Other things the senate voted in by Khaed · · Score: 1

      Wow, it was really 35K? I honestly thought it was more. My bad.

      And oh yes, I *agree* about the backend deals. Very much. That needs to be stopped and people need to be prosecuted.

      I don't think "low" is exactly what I want... but there comes a time when it's over a line. I'd be *very* happy with $150K/year.

  32. Re:LOL OMG by Anonymous Coward · · Score: 0

    For anyone who doubted that Sir Whacksalot is a known troll, here is all the proof that you need. This guy should be modded down every time he posts, no matter what he posts, until Slashdot is rid of the scourge known as Sir Haxalot.

  33. Interesting... by MoeMoe · · Score: 1

    I thought spam was already canned... Like tuna, or soda...

    This is still a step in the right direction, I can't understand how something like this wouldn't pass through, spam is a problem that is spread worldwide... The only reason I can see why this wouldn't be approved is if another bill is passed to the house first, the green kind... Can anyone suggest another reason why this bill would not pass? Does the house of Rep.s or the president really think spam is important enough to stop a bill like this?

    --
    Business \Busi"ness\, n.;
    A scam in which all people involved perceive as beneficial...
    1. Re:Interesting... by Dunark · · Score: 1

      Can anyone suggest another reason why this bill would not pass?

      Perhaps because of the difficulty in coming up with a definition of "spam" that excludes the unsolicited emailings of major campaign contributors.

    2. Re:Interesting... by MoeMoe · · Score: 1

      /me

      --
      Business \Busi"ness\, n.;
      A scam in which all people involved perceive as beneficial...
  34. Done by Anonymous Coward · · Score: 0
  35. SpamPal by Thuktun · · Score: 2, Informative

    SpamPal is good, too. It uses a plugin architecture that currently supports a regex-based body text scanner and Bayesian categorization. It also natively supports filtering of mail using DSNBLs for those of us who want to also use something other than content scanning.

  36. Right goal, wrong law by pla · · Score: 1

    I agree that such a law will have little effect.

    However, if our legislators feel the need to pass "look like we've done something" laws, they could have made this one a tad bit more effective.

    Instead of an opt-in list that will end up completely ignored, a marginally more useful law would have two main points - One, no open mail relays; and Two, huge bounties for tracking down actual spammers.

    Yeah, we all enjoy trying to track down spammers at the moment, but it can take quite a bit of time, and often leads to a dead end. Even when successful, the reward tends to include nothing more than personal satisfaction and a bit of good karma.

    Make hunting down spammers profitable, and we'll have 1.5 million unemployed geeks all spending their far-too-plentiful free time hunting down spammers in the hopes of making a nice wad of cash. With a pool of legalized vigilantes like that, spammers would soon vanish from the planet.

  37. Another more infromative article by The+Old+Burke · · Score: 1, Interesting
    over at Technewsworl.

    Much more info about the bill:

    The bipartisan bill sponsored by Wyden and Sen. Conrad Burns, R-Mont., would also:

    Prohibit sending spam that falsifies the source, destination or routing information.

    Require the FTC to study whether commercial e-mails can be labeled as advertising to make it easier to set filters to block spam.

    Ban spammers from harvesting addresses off Web sites.

    Require commercial e-mail senders to include their physical address.

    Impose both civil and criminal penalties on violators.

    --
    Proud patriot and republican voter.
  38. Who needs it to be signed into law? by weave · · Score: 1
    Quick. What's the bill number and instance of congress currently in session? I want to add that to my spam mailer reject messages just like spammers do in their spam. Who cares if it's law. Example:

    550 5.7.1 Spamming is illegal, as per S.B. xxxx passed by the xxx'th Senate.

    (Reference the line still used by spammers that messages can't be considered spam as per section 301 S.1618, yada yada yada)

  39. Targeting the wrong people by dreamchaser · · Score: 1

    They need to go after the people who manufacture and sell the products being sold via Spam. Of course that won't address the 'Scam Spams', but if companies face serious penalties if their products are marketed via spam, it might make them look harder at who they are hiring to market said products.

    1. Re:Targeting the wrong people by GigsVT · · Score: 1

      That would effectively make affiliate programs illegal, if enforced all the way up the chain.

      One article I read, the journalist traced mortgage spam through like 3 or 4 levels of affiliates back to a major lender. Who should get punished in a case like that? The program sponsers all claimed to have anti-spam poilicies and terminated the account of the spammer right away, but mortgage spam is still out there.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Targeting the wrong people by Sebby · · Score: 1
      For big outfits that specifically rely on spammers for advertisements I guess that's fine, however there can be innocent victims in some cases (ex. an affilicate of Amazon spamming to get referral bonuses); while Amazon (or whoever) need to dicipline their affiliates as necessary, we all know that it's hard to control someone else that's intent on spamming a million addresses.

      --

      AC comments get piped to /dev/null
  40. It "worked" for Reagan by apoplectic · · Score: 1

    How about "Just say no" to spam? That should work wonders, yes?

  41. Follow the cash by RT+Alec · · Score: 4, Insightful

    Yes, the spam mostly comes from IP addresses outside the U.S. However, it is almost always advertising something sold by an entity in the U.S.

    This bill, if passed, can have an effect. If a company in the U.S. uses spam to advertise, and that spam has fraudulent headers, then the U.S. company can be prosecuted. That's the true origin of spam-- not the IP address of the sending machine. This allows for a non-technical approach to combat the true originators of the messages.

    Why do spammers use fraudulent headers anyway? To evade technical spam-blocking techniques (RBLs, whitelists, etc.). As the spammers start to reduce their use of such methods, the technical techniques used by many ISPs and end users will be more effective. No silver bullet, to be sure, but every little bit helps.

    1. Re:Follow the cash by Pieroxy · · Score: 4, Informative

      That's not the way spam works. An independant entity is doing SPAM and it is based in Russia. It will advertise "Get the lower rates for your mortgage" for example. Then, when someone respond to that and give its name/address, the Russian company will sell the personal informations collected to any company willing to pay $2 (or $n) for it in the U.S.

      See, the mortgage company is not involved in the SPAM at all! The mortgage company just buys the name/addres of someone interested by low rates.

      No one does anything wrong in the U.S. with this model.

    2. Re:Follow the cash by RT+Alec · · Score: 2, Informative
      That's not the way spam works

      That's not the way the particular spam you mention works, correct. But the online pharmacies, stock pump-n-dump schemes, porn, 'work-at-home' and other spam messages generaly have a U.S. component to them that gets the cash eventualy.

      If this bill could just eliminate spam for anti-spam software I would consider it a success.

    3. Re:Follow the cash by cpeterso · · Score: 1


      I always wondered how the spammers could hide their identity, yet somehow still be able to receive your payment for their Viagra/whatever!?

    4. Re:Follow the cash by Anonymous Coward · · Score: 0

      And also leaves US companies vulnerable to joejobbing.

    5. Re:Follow the cash by mrex · · Score: 3, Insightful

      That's not the way spam works. An independant entity is doing SPAM and it is based in Russia. It will advertise "Get the lower rates for your mortgage" for example. Then, when someone respond to that and give its name/address, the Russian company will sell the personal informations collected to any company willing to pay $2 (or $n) for it in the U.S.

      Maybe there are a few that work this way, but for the most part this is *not* how spammers operate. I will avoid posting a step by step, but its pretty easy to figure out what affiliate programs are really intended to do, and its damn obvious that all those dialup systems in other countries aren't owned by the spammers.

      Most spammers are in the US, as are most businesses whos products spam advertises. They use fake affiliates to deflect complaints away from themselves ("oh, affiliate XYZ spammed you? spamming is strictly against our policy, that affiliate has been removed!"...yeah right) and hand off credit card processing to shady merchants. The actual machines sending out the spams are mostly compromised always-on boxen in technologically developing countries, but don't let that fool you -- the spammers are still in the US and thus subject to US law.

      You do raise a good point though...an effective anti-spam law would prevent spammers from hiding behind complex organizational structures by exposing all the players to risk.

    6. Re:Follow the cash by Detritus · · Score: 1

      I get tons of spam from Russia. 99.999% of it is in Cyrillic, with Russian phone numbers and addresses. That's a damn ineffective way to sell anything to your average American.

      --
      Mea navis aericumbens anguillis abundat
    7. Re:Follow the cash by Anonymous Coward · · Score: 0

      Off hiding again? Are you waiting for your stupid comments to go read only so you can start AC flaming people who are know more than you, Mr I read it in some article so I know everything now.

  42. Doesn't anyone see the big picture??? by Anonymous Coward · · Score: 0

    I'm all about getting rid of spam it eats up bandwidth and is just overall annoying. But this will just be another step for governing the Internet. I'd rather have to deal with a little spam then have the government completely hose up the Internet. Isn't there a better solution from software designers? Maybe setting up servers so they don't allow mass junk mail. I know it would be hard to identify truly legit email from crap but lets keep big bro out of it. By the way my hat is lead, not foil, it's not good for the neck but keeps the Masons from reading my thoughts.

  43. Smoke & Mirrors by TrollBridge · · Score: 2, Interesting
    'The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.'

    "...but we'll pacify the ignorant public with the appearance of trying to combat spam. That will get us elected to another term, at least!"

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
  44. too weak. by Lumpy · · Score: 1

    although any language other than "spammers can be killed and eaten" is too weak.

    cant we do what they do in northern states and countries and allow a large no-limit hunt to thin out the herd?

    --
    Do not look at laser with remaining good eye.
  45. Problem with a do-not-spam registry by SeanTobin · · Score: 5, Insightful

    The major problem with a do-not-spam registry is not that it would only affect domestic spam.. The major problem is that there will be a huge list of validated e-mail addresses that spamhauses can buy, send overseas, and spam all day and all night from offshore.

    The only reason this isn't happening with the telephone do-not-call list is that the cost of international calls is still prohibitave... but I think VoIP might make this option attractive at some point. I'd just love to get a sales call from some guy in India trying to sell me a new car windshield. Also, phone numbers are published anyway, so there is no real need to harvest the do-not-call list.

    I think the way this should be implimented is a national list of MD5's of the addresses. Make it illegal to email any address whose md5 matches one on the list (converted to lowercase so that capitalization is not a loophole). This would prevent address farming, and have the same integrity as the proposed do-not-spam list.

    (BTW, consider this prior art in case anyone goes patenting md5's of email addresses... /me smacks the US patent system)

    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
    1. Re:Problem with a do-not-spam registry by arcanis · · Score: 1

      Many systems allow email addresses to be modified slightly and still have the email delivered. For example, are "no@example.com" and "NO@ExAmPlE.com" the same email address? They'll hash differently.

      Alternately, I can receive email to myaddress+someflag@mydomain.com. This also would not hash the same as "myaddress@mydomain.com".

      How would you propose getting around this problem? Dropping to all lower-case email addresses for the first issue may work fine, but I'm not entirely sure that trimming off all the +whatevers from people's addresses will suffice, for reasons that I cannot quite justify right now.

    2. Re:Problem with a do-not-spam registry by Anonymous Coward · · Score: 0

      Of course, many many folks mistakenly believe that the '+' is not a valid character in an email address. I've got a canned rant I sometimes send to webmasters at sites that lecture me about how I have entered an "invalid" address when I try putting in me+theircompanyname@mydomain.com as my address.

      Which is tangential to your point but it occurred to me so there you have it.

      As for the capitalization issue, the parent poster already specified that the hash should be done on tolower(address).

    3. Re:Problem with a do-not-spam registry by mog · · Score: 1

      Whats the rant? Post it here :).

  46. this bill by codepunk · · Score: 4, Insightful

    The only legislation that is really needed is to make it unlawful to send mail with forged mail headers. They could pin them with computer and interstate commerce fraud.

    --


    Got Code?
    1. Re:this bill by pmz · · Score: 1


      I doubt something so simple, obvious, and practical could fit into the 500 pages that are required before Congress will consider a new bill.

    2. Re:this bill by volkris · · Score: 1

      If you access my SMTP server with forged headers, that's already aquiring services under false pretenses. It's already illegal.

      There is no need for spam legislation at all. Only a need to enforce existing rules.

  47. Even worse... by Anonymous Coward · · Score: 0

    ...is the "do not spam" list...providing a free ready-made list of valid email addresses for spammers in Eastern Europe.

  48. Do Not Email List == Loss of Privacy == Abuse by Ron+Bennett · · Score: 3, Insightful

    According to the article, there would be a "Do Not Email List" component to the law...

    A "Do Not Email List" would cause a further loss of privacy...government (and its contracters, some of which are sketchy) would be able to associate email addresses with IPs and possibly other information...

    If implemented, it's very likely one would be asked to not only supply the email address(es) they wish to add, but would also asked for their real name, postal address, and phone number too.

    Now anyone who thinks that information will remain confidential is kidding themselves. Did you know most U.S. states sell driver license information, including DL pictures to private entities...even those states that have laws against such actions share the information too due to various loopholes in their respective state laws; information also shared with other government agencies, including the Feds (don't think for a second it's not).

    Ok, got on a tangent there, but to make a point...

    If the government were to compile a "Do Not Email List"...the following will *likely* occur...

    * Email and associated collected information would be stored and added to other unrelated government/private databases too.

    * Government and other private entities will use the list to help track/monitor people - ie. "Deadbeat Dads" ... while one can debate the issue of child support, the fact of the matter is that much privacy is being lost in the process; an excuse to further erode the rights of all Americans.

    * The email addresses and likely their related information will be used by politicians for sending out spam...yep, there's likely an exception for that; there is for the national do not call list.

    * Various private entities, mostly offshore, will obtain the "Do Not Email List" and use it in the exact opposite way for which it was intended...that is they'll send spam to those addresses.

    Opt-Out doesn't work for email; its debatable whether it works for phone numbers either, but that another topic for another day.

    Bottom line is that any decent anti-spam bill should NOT have a "Do Not Email List" component, but rather instead require companies, non-profits, politicians, etc to use double-verified OPT-IN email lists for sending ubsolicited email.

    Ron Bennett

  49. Real Solutions by mabu · · Score: 3, Insightful

    This is yet another toothless waste of time of a bill. Toss it on the pile.

    Now let's get real:

    It's important to realize that there are certain characteristics of most spam:

    1. Most "legitimate" promotional mail comes from a static, traceable source (i.e. mailing lists or a specific web site such as amazon.com) The more legitimate spammers, due to their visibility, are forced to maintain more responsible mailing practices or else they will be blocked or blacklisted.

    2. The vast majority of spam comes from rapidly rotating sources difficult to trace and lock down (random IPs on the Internet that are either unauthorized or compromised SMTP servers). Regardless of the nature of the spam message content, most of these spam sources involve one or both: violation of the ISP's terms of service (which most disallow smtp relaying from direct client IPs), or an illegal exploitation of third-party computers.

    #1 is easily dealt with. Any centralized operation that doesn't perform responsible mailing (opt-in/out, non-forged headers, published contact info, etc.) can be dealt with. We know who these people are and how to reach them; they are large, targetable operations.

    #2 is the real problem and the major source of spam online. All the penis-enlargement, Nigerian scams, online pharmacies and home mortgage solicitations are promoted through the use of an ever-changing network of computers, most of which are broken into by spammers or otherwise re-routed through a plethora of foreign ISPs.

    The key to solving the spam problem is nailing down #2. I believe that most of the rotating spam sources involve illegal computer exploitation and compromises. We're talking criminal activity - not civil wastes of time. This is the angle law enforcement should use. Go after relay hijacking and enact punitive damages on ISPs who have demonstrated a consistent disregard for the control of their IP blocks. If we go after the spammer-criminals, they will be forced to settle with spam-friendly ISPs or face criminal prosecution. At that point they either clean up their act, or their ISP will become blacklisted. So the solution is straightforward: go after the spammers who take over third-party SMTP servers and client machines. These are criminal offenses which the authorities have yet to actively enforce.

    My solution to the Spamedemic:

    Believe it or not, solving the Spam problem is really easy and practical. It does not involve infringing on freedom of speech. It does not involve denying ANY business interest the freedom to use e-mail for marketing.

    1. FORM A DEDICATED CYBERCRIME ENFORCEMENT AGENCY. Populate the agency with well-trained IT people who know the laws and the nature of the problem. This agency does not need to encroach into areas covered by US Customs or the FTC (i.e. not be concerned with the content of spam, but merely focus on computer/network-tampering/exploitation). The FBI is not adequately equipped to fight cybercrime. A new agency separate from the other law enforcement organizations should be created.

    How to fund this new agency? How about a small fee for domain registrations? I think most people would be willing to pay an extra $5/year per domain to ensure that the Internet is more secure and spam-free. In any case, there's plenty of frivolous spending that could be repurposed to fund this very useful agency.

    2. ENFORCE CRIMINAL PENALTIES for computer exploitation: mail-relay-hijacking, trojan horse, worm, virus and vulnerability exploitation. There are already laws on the books criminalizing these activities, but since Americans like laws and have a short attention span, it wouldn't hurt to pass a new law which exclusively, specifically addresses the issue of computer/network/communications exploitation by third parties, and levies very intimidating CRIMINAL penalties. There should be no threshold of monetary damage before criminality is triggered: that only punishes diligent admins to catch attacks before extreme damage

    1. Re:Real Solutions by ScooterBill · · Score: 1

      Your point is well taken however there is one glaring observation that I will make. The end goal of the "spammer's" effort is to have the recipient click on a link for products or services which in turn causes the spammer to recieve compensation from the company providing the products or services. This should be traceable and if "spamming" is illegal, then you have a case and a criminal.

      There are times when this won't work:

      1. The spammer doesn't recieve any compensation. (unlikely to say the least) Although if there is a money laundering, third party transaction, this could make tracing a lot harder. In any case, this would involve a lot of illegal behavior.

      2. The "spammer" and the company selling the products or services reside in a country where spamming is legal. This is something that our government would need to get involved and it might be easier to filter if you could isolate specific countries.

      3. The spammer and the company selling the products or services are one and the same. In this case, the spammer is always on the move, physically and virtually. Doing business this way can't be that easy.

      As I see it, we need tight anti-spam legislation like what California recently passed. When companies start getting sued for using the services of spammers, then the spam flow will ebb.

      I don't like the idea of the government getting too involved in our lives but the truth is that when you have a free system (like email), you need regulations or abuse will reign free as well.

      M

    2. Re:Real Solutions by mabu · · Score: 1

      I disagree. The existing legislation has proved 100% useless, as will this new legislation. This is analagous to walking into Barnes and Noble and buying a book and never reading the book, yet claiming you know everything in the book. You can't pass a law and have everyone magically follow the rules. It hasn't worked for spam at all. Why someone thinks the 431st bill will make a difference is beyond me.

      The issue is not about what the spammer is promoting. It never has been. That's irrelevant. The nature of the products being sold and the legality of the business is a separate issue for a separate agency.

      The issue is about spammers breaking into third-party computers. If you stop this exploitation, you will accomplish the following:

      1. 90% of the spam on the Internet will disappear
      2. The remaining spammers will be forced to collect in little pockets of networks which can be tightly regulated

      The reason why you get so much spam is because somewhere, someone's computer has been broken into (a felony) and exploited by a spammer. 90% of spam on the network involves criminal activity, but the authorities have yet to enforce this. Forget about the business model or the content of their messages. If the manner in which 90% of spammers use to deliver their mail is not practical for fear of criminal prosecution, you'll see spamming drop dramatically, and as a result of spammers' increasing inability to hide, the products and services they promote will be more limited to less questionable things.

    3. Re:Real Solutions by cpeterso · · Score: 1


      You forgot step #4:

      4. DO NOT BUY ANYTHING FROM A SPAMMER

      If nobody bought products advertised with spam, then spammers would not bother spamming. I know the spammer can send millions of spams for free, but the spammers are paying with their time. If they truly knew that no one will spend to their 10 million emails, then most spammers would be detered.

    4. Re:Real Solutions by jjo · · Score: 1

      Step #4 is totally useless. The 999 users who ignore spam will be done in by the 1000th user who thinks s/he really does need bigger {breasts, genitalia, whatever}. You can tell the rational people "DO NOT BUY FROM SPAMMERS" till you're blue in the face, and it won't make a rat's ass of difference, since there are more than enough suckers that will never see, hear, or understand your warning in a million years.

    5. Re:Real Solutions by Anonymous Coward · · Score: 0

      Spammers don't sell Viagra or Diplomas, spammers sell ... spam. They could give a shit if you actually read it or buy it.

      As long as there's an infinite number of suckers that get hooked into pyramid Get Rich Quick schemes and are willing to pay spammers, there WILL be spam. This is very problematic because normal economic incentives don't apply.

  50. I dont understand...... by Viewsonic · · Score: 0

    ... If they passed the telemarketing bill, then why wouldnt they pass this anti-spam bill? It's the same damn thing, just a different medium. Make a do-not-spam list and be done with it.. If someone spams you, then you get a few grand. If they're out of the country, have the local authorities bring them in or hold off any help from the us financially..

  51. 5 year prison terms by andy1307 · · Score: 3, Funny

    Spammers please note: Spammers will get 5 year prison terms. Trying to sell tool enhancement therpies in prison is not a good idea..you'll get to know what "choke her with your large johnson" really means.

  52. Problem with "opt out" legislation by polymath69 · · Score: 3, Interesting
    I have an unlimited(?) number of valid email addresses. The 'opt-out' provision would require me to generate as many of them as I could and then deliver them to the spammers -- and then, if the spammers could think of ones I missed, then it would be OK for them to spam me at those addresses. Need I point out that this is a flawed proposal?

    I've thought of generating a bunch of legal addresses and putting them on a CD-ROM, to show to my congresswoman with the message 'Here are 60 million of my legal e-mail addresses. This disk is full. How many more should I make?'

    I'm glad that this bill is unlikely to pass, though it makes up something like 70% of my mail. We need opt-in legislation, and we need it with teeth. Large and increasing fines, individual grounds to sue, and possibly even the death penalty after some number of convictions; maybe 10?

    --

    --
    I don't want to rule the world... I just want to be in charge of mayonnaise.
    1. Re:Problem with "opt out" legislation by Ron+Bennett · · Score: 1
      ...I've thought of generating a bunch of legal addresses and putting them on a CD-ROM, to show to my congresswoman with the message 'Here are 60 million of my legal e-mail addresses. This disk is full. How many more should I make?...


      Likely something they have not really given much thought to...as you point out one could generate a huge number of email addresses...could be an interesting protest tool...for example one could submit something like this...used the 1st Amendment below as an example of how could do this.

      0.Congress.shall.make.no.law@example.com
      1.resp ecting.an.establishment@example.com
      2.of.religion .or.prohibiting@example.com
      3.the.free.exercise.t hereof@example.com
      4.or.abridging.the.freedom@exa mple.com
      5.of.speech.or.of.the.press@example.com
      6.or.the.right.of.the.people@example.com
      7.peace ably.to.assemble.and@example.com
      8.to.petition.th e.government@example.com
      9.for.a.redress.of.griev ances@example.com

      Lovely isn't -;)

      Legislating spam isn't as simple as many people think.

      With that said, a law on forged headers and unuauthorized use of email relays and related resources, while complicated, would be a better approach and likely much more effective at stemming the tide of spam than a "Do Not Email List".

      Ron Bennett
    2. Re:Problem with "opt out" legislation by Anonymous Coward · · Score: 0

      If you were a really advanced user, you would be able to limit the amount of valid e-mail addresses you have.

    3. Re:Problem with "opt out" legislation by Ron+Bennett · · Score: 1

      Yes, but the point the thread poster was making, and myself emphasizing, is that one could purposedly create huge a huge number of email addresses and then add them all to the "Do Not Email List" in protest...

      Ron

  53. This is a BAD bill by Anonymous Coward · · Score: 0

    This is a BAD bill besides the fact it is an opt-out approach:

    - it preempts all state SPAM laws (some that are halfway decent and let us sue the spammers ourselves)

    - it depends on the guberment to enforce it (yeah, sure... most state laws let the VICTIMS go after the spammers themselves ... we have a lot more likelihood of actually finding them and hauling them into court).

    (BTW, I posted this story to /. twice last night, and it was rejected... yeash)

  54. Hm. by tsanth · · Score: 1

    I'd be more inclined to believe that way if I were convinced that our elected officials took the time to understand the issues they're so intent to regulate.

    Spam won't be stopped with just a bill. Either they don't realize that, or they do realize that and want to give the semblance of doing something about it.

    Call me a pessimist, but I vote for the latter.

    1. Re:Hm. by Anonymous Coward · · Score: 0

      I'll go even further, you pessimist asshole.

  55. Another choice by TrekkieGod · · Score: 1
    If you're on windows, but using an e-mail client other than outlook (such as outlook express, which SpamBayes doesn't work with), consider PopFile.

    It intercepts your pop3 mail first, then sends the mail with a classication you specify, which can be filtered using mail rules. Since it works pretty much by getting mail from your pop server directly, and setting up its own mail server for the mail program to connect to, it really should work with any e-mail program. It's written in perl, and although it has binaries for windows, you can get a cross-platform version for other platforms capable of running perl.

    Like all things, it's not perfect though. No IMAP spport (although their faq indicates they're working on it).

    --

    Warning: Opinions known to be heavily biased.

    1. Re:Another choice by Misch · · Score: 1

      And if you're using Outlook, and want the power of POPFile, consider using Outclass, a plugin for Outlook.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  56. How about this idea .... by pjrc · · Score: 2, Interesting
    .... what if they introduce a bill that allows anyone who receives a spam to launch an attack to disable the sender's computer, without any judicial oversight. But in the rare event of a misguided attack or collateral damage, the victim(s) could ask the attorney general for permission to sue their attacker.

    Hell, the RIAA got such an absure bill introduced. Just imagine if anti-spammers had that kind of back-door infuence on the congressional process.

  57. Bring back uucp! by Anonymous Coward · · Score: 0

    I agree--nuts to SMTP, let's resurrect the old UUCP mail maps.

    I wonder if that would make it easier to weed out misbehaving nodes?

  58. bullshit - this "anti-spam" law legitimizes spam by frovingslosh · · Score: 1
    Marketers would have to label sexually explicit messages to allow users to filter them out.

    What damn bullshit. A law like this legitimizes spam, and will waste even more bandwidth.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  59. Who Can Prosecute? by schnarff · · Score: 3, Informative

    After reading about this in the Washington Post, where they noted that only e-mail providers or government entities could bring suit, I decided to look up the actuall bill to see if I, as a private e-mail administrator, could bring an action against someone under this bill. The text in question, however, said only "A provider of Internet access service adversely affected" could bring action. So I wrote my Senators to find out if they meant this to be only those who provide actual ISP service, or if people like me who run private e-mail servers could bring complaints. Should be interesting to find out what they say.

    1. Re:Who Can Prosecute? by ClioCJS · · Score: 1
      Wasn't there another slashdot story that involved someone being prosecuted as an ISP for doing something?

      I really forget the details, but the point was that this guy was charged because he was an "ISP" by legal standards. But he was NOT an ISP by geek standards. (ie the truth)

      I really forget the details, dammit. But if he can be an ISP, so can you. Sue away!

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    2. Re:Who Can Prosecute? by jjo · · Score: 1
      The bill takes the definition of "Internet access service" from the Communications Act:


      47 USC 231(e)(4) Internet access service
      The term ''Internet access service'' means a service that
      enables users to access content, information, electronic mail, or
      other services offered over the Internet, and may also include
      access to proprietary content, information, and other services as
      part of a package of services offered to consumers. Such term
      does not include telecommunications services.


      Sounds to me like a private e-mail provider would qualify, as long as it is providing service to 'users'. If that's true, then the bill might not be as bad as I thought at first. It's still pretty bad, though, it limits statutory damages to $25 per message with forged 'From' lines or obfuscated routing info, and $100 per message for misleading subject lines and other violations.

      The DMA is probably running scared after the passage of the new California spam law with its opt-in requirement, large statutory damages, and private right of action (meaning that unlike most spam laws, it has a legitimate chance of actually being enforced). The DMA may now be willing to accept some seemingly significant limitations on spam, as long as the restrictions don't actually apply to them in practice, and as long as the restrictions can't really be effectively enforced. Look for the limits on 'who can sue' to be tightened if and when this bill goes any further.
  60. Penile, Boob enlargement pills email on cellphone by flyingace · · Score: 2, Interesting

    Lets see if this deters the the penile or boob enlargement pill spams that I get everyday on my cellphone..

    Personally, I like to see that the government is doing something.

    On my desktop :

    Spam has become a work of art these days that even my bayesian filters have a hard time keeping up.

    1) First I used email address to block spam.. they came at me with different email addresses.

    2) Then I marked emails with certain words as spam. They changed that too. Started spelling viagra "vi-agra". Lost again.

    3) Installed spammunition and stopped spam based on context. They started to remove all words from spam and started adding jpegs with the ads.
    Even the jpeg names are different each time.. grrrr..

    All these spam emails get sent, about 30 emails get sent over weekend.

    Feels like the battle at Helms deep !

  61. Punitive Damages by midifarm · · Score: 1

    I say the bill should include a premise to not only punish the "spammer", but attack the advertiser itself. So whatever porn site or pharmacy or whatever incurrs charges for each bit of spam that it is involved with. I think the damages should not simply be fines, but also jail time. This would be more of a deterrant to spamming than someone being able to simply go out of business and just as quickly open a new one. Any thoughts?

  62. For those of you interested... by Misch · · Score: 4, Interesting

    For those of you interested, the bill is S.877

    CAUCE (Coalition Against Unsolicited Email) opposes this bill.

    The bill isn't "Can Spam" in terms of canning spam. It's "Can Spam" in terms of "You Can Spam. Sure. Go ahead." It's opt-out, not opt-in. Prepare to have your mailbox flooded. Legally.

    Sec. 105 (a):

    (4) PROHIBITION OF TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL AFTER OBJECTION- If a recipient makes a request using a mechanism provided pursuant to paragraph (3) not to receive some or any unsolicited commercial electronic mail messages from such sender, then it is unlawful

    (5) INCLUSION OF IDENTIFIER, OPT-OUT, AND PHYSICAL ADDRESS IN UNSOLICITED COMMERCIAL ELECTRONIC MAIL- It is unlawful for any person to initiate the transmission of any unsolicited commercial electronic mail message to a protected computer unless the message provides--

    On the other hand, Sec. 105 (b) (1) (A) (i) and (ii) make it illegal to use address harvesters or dictionary attacks to send spam.

    I'm also worried that Sec. 105 (e)'s restrictions on sexually explicit advertising will be struck down as unconstitutional, and may have adverse effects on the rest of the law.

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    1. Re:For those of you interested... by Misch · · Score: 1

      Forget my last concern. The senate included a separability clause in Section 112.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    2. Re:For those of you interested... by Karadryel · · Score: 1
      On the other hand, Sec. 105 (b) (1) (A) (i) and (ii) make it illegal to use address harvesters or dictionary attacks to send spam.

      Hopefully they'll use this law to protect the Do Not Spam list itself. The Fed just needs to bury some innocuous-looking email address in there which goes to a federal mail-server and isn't published anywhere else; if anyone ever emails it, send in the FBI ;)

  63. Re:LOL OMG by Anonymous Coward · · Score: 0

    It's not that he's a troll that gets me, it's that he uses the world's most obvious karma-whoring tactics, the stuff that's been around since karma was born, and the IDIOT MODS STILL FALL FOR IT! It's good to see him going for the FP crap that always gets modded down instantaneously.

  64. Please pass the crack pipe by bl8n8r · · Score: 1

    And how does the US senate plan to enforce these rules when all the spam is coming from outside the US? "I'm sorry China, but no more corn for you until you stop spamming"

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  65. Musings on how this might work by Daniel+Zappala · · Score: 3, Interesting

    Clearly, you can't just give this database to a spammer and say "here, don't send these people email." What a great recipe for getting more spam.

    Instead, the list would need to be secret, and a spammer could send a query: "Is joe@yahoo.com on the list?".

    You need to avoid the naive solution, where the list-keeper says "yes" if the address is on the list and "no" if it is not on the list. Otherwise, a spammer could just do a dictionary-type attack on the list to discover as many email addresses as she could. "How about joeb@yahoo? joec?"

    You need to instead say "yes" if the address is on the list and then randomly choose "yes" or "no" otherwise. This way if a spammer gets "yes" she doesn't know whether she has a real email address or not.

    Ah, but more problems. If the response is truly random, then a spammer can make a repeat request for all the addresses that the list-owner said "yes" for. The ones that actually aren't on the list will have a chance of coming up "no" a second time. Repeat as many times as you want to get a higher certainty that you have obtained usable addresses.

    So you instead need some history -- always say yes to "fooxyz@yahoo" even if it is not on the list. And now your memory requirement becomes infinite. Sure you could keep a cache of your most recent responses, but this just delays the time it takes for the spammer to find out who is on the list.

    From this brief thought-exercise, I don't know if a "do-not-spam" list is doable. Maybe I'm missing something.

    What is clearly much easier to implement is a "please-spam-me" list. The memory requirements would sure be smaller. And no problem making this a publicly-available list. Likewise, it would be easy to prove you are not on the list when you get some spam. And hey, if 90% of uses don't want spam, why should we force them to say "no"?

  66. Go after the businesses by lurker412 · · Score: 1

    Like most of the posts I have read, I doubt that this bill will make much of a difference. Seems to me that at a minimum, any legal approach must include severe penalties against the businesses that are using spam for marketing as well as the spammers. Since every spam message that is trying to sell something has to have a contact point--a real URL or phone number--it should be easier to trace back to the business itself than to the source of the email.

  67. Unintended consequences by Anonymous Coward · · Score: 0

    One thing I noticed while scanning the bill text (on thomas.loc.gov, searching for bill #S.877.ES) is that the bill appears to outlaw anonymous remailers in any commercial transaction -- which could, depending on interpretation, outlaw cash transactions in the digital world. If you're interested, see section 1037(a)(2) of the bill.

  68. Wait just one second... by Evil+MarNuke · · Score: 1
    But this is a bunch of more fucking useless bullshit--par for the course for this Administration.


    You're blaming the Bush Administration for a do nothing bill that the Senate passed?! The bill hasn't even passed the house, but yet you're blaming "this Administration"?? WHY?!

    --
    The journey is better then the end.
    1. Re:Wait just one second... by deanj · · Score: 1

      Not only that, but it was Chuck Schumer that sponsored the bill!

    2. Re:Wait just one second... by ErikZ · · Score: 1

      You can't talk logic to the mindless Bush-haters.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
  69. Loopholes? by suwain_2 · · Score: 2, Interesting

    I actually oppose any anti-spam legislation, not because I enjoy spam, or even think people ought to be able to blast out spam, but because of the potential loopholes in the law.

    What I mean by that is this: the Do Not Call movement provided several exemptions; namely, politicians, charities, and anyone you've done business with in the past 9 months (?) is allowed to call you. What I fear is that similar loopholes in spam laws will actually make it harder to block certain spam. As it is today, I can forward spam to whoever owns the netblock it's on and request that they take action; network owners who don't often end up blacklisted, or at least shunned. Suddenly, however, it's harder to get people shut down. A _lot_ of spam comes from places that I've "done business" with in the past 9 months, even if doing business simply means giving my address to them.

    All of a sudden, this bill is giving spammers loopholes to hide under; spammers could actually use the legislation in their defense.

    --
    ________________________________________________
    suwain_2 :: quality slashdot p
  70. Spammers are NOT the issue by mr_resident · · Score: 1

    It's not the spammers - It's the customers of the spammers. This problem will not be solved by trying to block unwanted mail or by legislating against the practice.

    There are already laws on the books against fraudulent advertising. Why not go after the "businesses" making all these ridiculous claims? If the FTC would apply the same standards to advertising via e-mail that they do via radio/tv/print, we'd soon see a dramatic drop in the use of spam.

    When's the last time you saw a spam message for a legitimate sounding product? Or a tv ad promising to make your John Henry bigger?
    *

  71. The Solution. . . by Salgak1 · · Score: 1
    Perhaps we should just invade any country that originates more than .01 spams per capita?

    Nuke 'em from orbit. It's the only way to be sure. . . .

  72. Buyer Beware! by Angram · · Score: 3, Informative

    I've said it before and I'll say it again: You have to make buying from spam illegal. You can't prosecute the international spam supply - you can target the domestic demand for spam, however. It's simple economics, people!

    --

    GL
    1. Re:Buyer Beware! by mabu · · Score: 1

      Exactly how in the world would you enforce such a requirement? It's impossible.

    2. Re:Buyer Beware! by ClioCJS · · Score: 1
      You sound like the drug czar.

      I'm hoping that was a troll.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    3. Re:Buyer Beware! by Angram · · Score: 1

      No, you just have the feds send out fake spam. Same as undercover cops dealing drugs.

      --

      GL
    4. Re:Buyer Beware! by mabu · · Score: 1

      Ok, I can see this is a troll.

    5. Re:Buyer Beware! by Angram · · Score: 1

      Actually, it isn't. It's humorous and serious at the same time. The fact of the matter is that spam is going to remain virtually unstoppable so long as people buy from it. The only logical conclusion would therefore be to eliminate that demand, which would require making it illegal (or huge anti-spam campaigns, which would have less effect without legal backing). What makes it funny is the fact that while this is perhaps the only viable option, there is no chance of it ever coming to fruition - just as making alcohol illegal is laughable, yet would save [tens of?] thousands of lives per year in the US.

      --

      GL
    6. Re:Buyer Beware! by mabu · · Score: 1

      Puleeze.. I'm only going to reply to this because I was foolish enough to take the bait, but you cannot be serious in thinking that what your proposing is even remotely justified, enforceable, much less constitutional.

      Purchasing an illegal product is illegal. Purchasing a legal product is legal. How you find out about either product is irrelevant.

      What you're basically hoping for is that stupidity be made illegal. I applaud the concept, however ridiculously unrealistic it may be. It's not going to happen.

      So what city are you the District Attorney for? I'm curious.

    7. Re:Buyer Beware! by photomic · · Score: 2, Funny

      Hey, it worked for drugs, right?

      --
      sig under peer review

    8. Re:Buyer Beware! by Angram · · Score: 1

      There's a big difference from making a joke and trolling.

      Everyone here is yelling that "people are stupid for buying from spam" and "spam is evil and must be stopped," so why not connect the two and say that /.ers would like to make buying from spam illegal? It's logical and funny; laugh.

      --

      GL
  73. POLL by Anonymous Coward · · Score: 0

    did you see the poll in CNN?
    Do you like recieving spam? yes/no
    ROFL

    1. Re:POLL by Qwell · · Score: 1

      Alright, which 450 of you jackasses voted yes? :P
      Fess up, only slashdotters would have picked the CowboyNeal option.

      --
      As of 10/06/03, I hate COBOL developers.
  74. Since when by bigjnsa500 · · Score: 2, Insightful

    Since when has legislation ever stopped anything before? Just another useless law on the books. If they really took a close look AT the spam they would realize its coming from outside the USA. Which we could never enforce the law, heck, we can't even enforce our own borders, what makes you think we can enforce this Spam bill on Joe Schmo?

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
  75. Cool! by jav1231 · · Score: 0, Offtopic

    Now I can:
    # rpm -Uvh spamassassin

    JAV

    1. Re:Cool! by Anonymous Coward · · Score: 0

      Why does this allow you to upgrade Spamassasin? Oh, right, cause you are teh L0SER.

    2. Re:Cool! by jav1231 · · Score: 1

      er.. # rpm -Uvh spamassassin-Senate_Enhanced.2.4.1-0.rpm

  76. Correction by Anonymous Coward · · Score: 0

    /me

  77. JoeJobbing enemies for fun and prison? by Tangurena · · Score: 1
    Financial penalties for spamming? Great, how many people will be joe-jobbing their enemies? How many will claim that they did not send the spam, and that they were joe-jobbed?

    I think it is interesting that they banned private civil litigation, since that appears to be making more headway than ISP suits.

  78. Fantasy by Anonymous Coward · · Score: 1, Insightful


    Their first instinct is that the US government should control the Internet.

    I'm sure that when pressed, they will (individually) admit that the US government does not actually own or control the Internet.

    But there's no question that they fantasize about "taking control" of the Internet, and, as a group, they act out that fantasy.

    In the end, it doesn't really matter whether their spam legislation is effective or not. The important thing is that they need to act out their control fantasy by passing new law. After all, what the hell good are they if they don't try to exert control over things?

    1. Re:Fantasy by mabu · · Score: 1

      The "fantasy" is that anyone actually thinks any single entity can control the Internet.

      That notwithstanding, it is equally undeniable that the Internet cannot function without some forms of central authority and control. A good example of this is the root server authority. If we did not establish a sanctioned, regulated array of root servers, the hostname system and all other services would be in chaos.

      I see nothing wrong with extending some forms of centralized control to maintain a database similar to the TLD authority that functions as a system to legitimize and authorize SMTP hosts. We do this, we virtually eliminiate 99% of the spam and 99% of all virus and worm propagation on the Internet.

    2. Re:Fantasy by Anonymous Coward · · Score: 0

      > it is equally undeniable that the Internet cannot function without some forms of central authority and control. A good example of this is the root server authority.

      Agreed.

      But when legislators think about "central authority and control", they certainly don't think about something as dry and boring as the management of DNS and SMTP servers.

      When they think about authority and control, they think only about content, because content is the only thing they understand.

      Considering technical issues like "root servers" is far, far beyond their capabilities as an institution. Just look at one of their recent proposals that, as far as I can tell, would require client software to display a warning popup window every time an "untrusted" file is about to be downloaded. How could an institution that comes up with utter crap like that ever be (within the next 20 years) capable of focusing their attention on appropriate solutions?

      Right now, the Congress is blinded by their obsession with controlling content. It will take a whole generation, at least, for them to develop the maturity needed to participate in the stewardship of the Internet.

  79. Give the Spammers what they want! by Nemo+Black · · Score: 1

    A majority of spam usually includes links to a specific URL. What would happen if say, 100,000 people desided to show their "interest" in the site all at once? I'm not suggesting that people be like spammers, who have no problem launching DDOS attacks against anti-spam sites, but instead I am suggesting that people coordinate their interest in the spammers site to show their appreciation. There could even be a program much like SETI@Home, (no-spam@home?) that could help interested parties utilize their computers during off hours to access spammers sites in a coordinated manner.

    1. Re:Give the Spammers what they want! by Short+Circuit · · Score: 1

      No good. A lot of spam-advertised sites reside on cracked servers, with the spam-advertised content not authorized to be there.

    2. Re:Give the Spammers what they want! by Nemo+Black · · Score: 1

      If a server has been cracked and the content is not authorized, then doesn't that qualify as theft of service?

      You are right though. It would not be fair to show "interest" in servers that have been cracked, though you may want to bring it to the attention of the server's owner.

  80. Wait a second.... by slappyjack · · Score: 0, Troll

    The measure, approved 97-0, is considered the stiffest of a handful of anti-spam bills floating in Congress.

    Doesn't the Senate have 100 members?

    What I wanna know is; Who were those three slackers, where the fuck were they, and if they abstained form voting - WHO'S POCKET ARE THEY IN?

    We need to find them out, and expose them as SPAM LOVING FACISTS!

    Great press!

    1. Re:Wait a second.... by Simple-Simmian · · Score: 1

      LOL They were out busy running for president.

      --
      If you don't like what I write don't be a CS and mod it down. Refute it.
      Yea I can't spell. So what is your point?
    2. Re:Wait a second.... by slappyjack · · Score: 1

      You know, I think we need to appeal to the /. gods to add another category for moderation, namely

      Smartass Remark

      Not quite funny, but not trolling for a fight.

      Just making a stupid smartass remark.

      go ahead, now you can mod this down, too.

      I'm just sayin'

  81. The bad thing about this bill... by KC7GR · · Score: 1

    ...is that it pre-empts existing (and much stronger) state laws. At least one known spammer (Netcreations) is already licking their collective chops about its passage.

    Another bad thing is that there is no right of private action for spam recipients. Only ISPs.

    It's important to set a precedent, but this bill is not the way to go about it. Not without some modifications in any case.

    --

    Bruce Lane, KC7GR,

    Blue Feather Technologies

  82. What can it possibly hurt? by knautilus316 · · Score: 2, Insightful

    I see a lot of valid complaints about how effective this is going to be, but honestly, I don't see it having any reverse effects. The spam problem can't possibly get any worsek, so whatever is done is a step in the right direction, however token it may be.

    ~Knautilus

  83. There's ALWAYS a Way by LittleGuy · · Score: 3, Funny

    However, the bill, referred to as the 'Can Spam' bill, is unlikely to pass the House and be signed by the President.

    They should have called it something like "Mary Sue's Law for Liberty and Freedom". It would have been signed by dinnertime today.

    Also, have a link between spam, Bin Laden, Hussain, and peodphiliac drunk drivers.

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  84. is this bill good or bad??? by Anonymous Coward · · Score: 0

    I remember reading a while back that the major spam blacklisting sites were against all of the current spam bills. It's not good if the guys who fight spam daily think your spam bill is a bad idea and will make the problem worse. I don't know what all of their positions are on this particular bill, but I will quote from one of them, spamhaus.org:

    "With all of Europe set to implement Opt-in legislation by October, Europe has taken the lead in banning spam. But the United States is going in the opposite direction, legislating Opt-out instead of Opt-in and looks set to explode the spam problem many times worse than it is today, incredibly by actually legalizing spam instead of banning it. US Congress is just months away from giving Unsolicited Bulk Email the green light and unleashing the spamming power of 23 Million American businesses onto an Internet which already can not cope with the billions of unsolicited bulk mailings sent today by just 200 professional spammers."

    Once spam is legal, spammers can flood the backbone with messages to the people who haven't opted out, and anyone trying to block this now legitimate spam can be sued.

  85. Which is more practical? by mabu · · Score: 2, Informative


    A - "Do Not E-mail List"

    Every person on the planet has to sign up for this enormous database, which would also likely involve an extensive creation of an "IP identity system" whereby one central source would now know who is connected everywhere on the network. Now there is no such thing as true anonyminity online. This IP database has tremendous privacy-invasion potential.

    Furthermore, such a list would be a beast to maintain and place the administrative burden both on end users as well as the database maintainers.

    It ultimately wouldn't work because the majority of spammers are small, mobile operations that are already engaging in illegal activity with impunity, so why anybody thinks they're going to suddenly adhere to a do-not-email list is foolish.

    B - SMTP relay licenses

    Every ISP or company that maintains an SMTP server is "licensed". This puts no burden on end users and results in a dramatically smaller database of authorized mail relays. The end user can choose to use an ISP that accepts mail only from authorized relays. The entity maintaining the database sets specific standards mail servers must adhere to (no header forging, accurate contact info, proper message labelling, etc.)

    While I was writing this, I just got a spam.. the header says it's from yahoo.com but an IPWHOIS shows the source of the spam is from a mail relay in LATVIA; an IP with no reverse lookup defined.

    With the SMTP whitelist, we don't have these problems. If the Latvian ISP wants to e-mail the Internet proper, it registers the addresses of its mail servers and adheres to industry standards. If not, the mail systems and ISPs that are sick of spam who subscribe to the whitelist tell them to piss off. Problem solved.

    1. Re:Which is more practical? by Anonymous Coward · · Score: 0

      Every ISP or company that maintains an SMTP server is "licensed".

      What about educational institutions, non-profits and non-commercial entities? What about individuals who run servers for their friends for personal use? How much will this license cost? Is this license instituting an artificial financial requirement for communication that could drive some legitimate use off the Internet and hand yet more control to large corporations? If, on the other hand, the system is voluntary, how do you convince people to adopt it?

      My point is not so much in my specific exceptions, but that the fact that you missed so many legitimate uses before declaring "problem solved" illustrates how varied and complicated the legitimate uses of SMTP are. It's easy to play armchair mail admin on Slashdot, but the real world is more complicated.

      The P in SMTP may be S, but its uses for MT are anything but.

  86. Stupid bill... by Mullen · · Score: 1

    This is a pure stupid politics pandering to the dumb. Stopping spam is a pure technical issue. Redesigning the SMTP protocol is the only way to fix this issue. Making it so that the From: addresses has to match to the MX record that sends the mail is going to fix a lot.
    Passing a bill in any country to ban spam without technical improvements will do nothing.

    --
    Linux O Muerte!
  87. Another Alternative? by Anonymous Coward · · Score: 0

    I know, I know -- nobody would actually follow this particular law, but still... How about a law requiring all "unsolicited commercial email" to include information on exactly who the "agreement to receive 3rd-party email from marketing partners" came from. In other words, name those companies that we opted-in with so we can go back to those original companies and opt-back out. Yeah, I know there are loopholes. But I like the general idea.

  88. I'm almost happy by AndrewWood · · Score: 1

    Can you imagine a world in which congress always sided with the majority they are supposed to represent? *sigh* So nice.

    1. Re:I'm almost happy by Anonymous Coward · · Score: 0

      Can you imagine a world in which congress always sided with the majority they are supposed to represent?

      Yes, and I can imagine being part of the minority.

  89. Just use a "+" by ClioCJS · · Score: 4, Informative
    There is. It's the plus symbol. This tends to only work on unix server, but anything after a "+" but before the "@" is ignored by your mailserver.

    So let's say my address is ClintXYZ@unix.org. I could sign up for something as ClintXYZ+ajkfdsjdfasjoifdoj@unix.org and the email would still be received by me.

    Come up with a system, like ClintXYZ+yahoodotcom@unix.org. Then, if a spammer ever harvests your address, and doesn't cleanse out the extra characters, and then spams you, you will know it was yahoodotcom that did it. [This is just an example; don't sue me Yahoo.]

    This has worked at least once for me (After doing it for a few years). A yahoo store violated yahoo privacy policy by doing this, and I reported them to yahoo. Never followed up though.

    It's also good for mailfiltering. ClintXYZ+slashdot@unix.org for example if I wanted to filter everything that came from slashdot into its own filter.

    Beware of webforms that don't allow +'s in the email addresss. It's a grey area of email address validity.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  90. Re:Penile, Boob enlargement pills email on cellpho by Short+Circuit · · Score: 1

    Perhapse combining Bayesian statistical analysis with pattern recognition email clients?

    Even simple OCR with normal email filtering would work better...

  91. solution to funding enforcement by Anonymous Coward · · Score: 0

    Simple. Allow the government to sieze spammer's property (computers, vehicles, houses, etc), same as they do under drug laws.

    I guarantee you'll see law enforcement jumping all over spammers then.

  92. Read what McCain actually said by fiannaFailMan · · Score: 2, Insightful
    Why oh why are there so many people here with reading difficulties? Here is what McCain said:
    "The odds of defeating spam by legislation ALONE is extremely low."
    The keyword here is ALONE . This bill is one of many tools being used in the war on spam. If we all took the attitude of "well this action isn't going to be a magic quick-fix cure-all therefore we shouldn't bother with it" then everyone would give up and we'd be getting thousands of v1agra ads in our inboxes every hour.

    Come on people! Credit where it's due! Every little helps! Spam filters alone are not going to kill spam. Legislation alone is not going to kill spam. Actions taken by ISPs alone are not going to kill spam. It is the combination of these efforts that is going to make the difference.

    --
    Drill baby drill - on Mars
  93. Not this year != Not Ever by Wister285 · · Score: 1

    The article clearly said that it is not likely to be passed fully this year. The summary of the article is incredibly misleading and makes it seem as though the House or President will reject the bill.

  94. McCain is an idiot by taustin · · Score: 1

    Senator John McCain sums it up: 'The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.'

    The odds of legislation doing anything to decrease spam are just about zero. The odds of legislation increasing spam approach unity. This bill certainly would, since it destroys existing state law prohibiting real spam (which this one doesn't), including California's law that makes spamming a criminal offense.

    I think Mr. McCain spent a little too much time in his bamboo cage anyway.

  95. Mock the Buyers by IgnacioB · · Score: 1

    How about if we just mock the hell out of the relative few people that buy from these sources. I mean, point and laugh at them. I met one once, "I wish they'd do way with SPAM....except the home mortgage ones. I like those." I looked at him and laughed my ass off, "You're an idiot! Your one answer to an e-mail made it so three million other people got an unwanted e-mail. Friends don't let friends respond to SPAM." If I could have figured a way to contact his family members I would have shamed him more!

  96. sounds good to me. . . by jafac · · Score: 1

    Outlaw spam, and only outlaws will get spammed?

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  97. Where's the harm? by mabu · · Score: 1

    There are reverse effects:

    * Our tax dollars have been wasted
    * Valuable time our leaders could have spent debating something more productive have been wasted
    * Once again, people receive a bogus sense of security that this totally-ineffective bill will make ANY difference
    * When people see that yet another spam bill dosn't change a thing, their disenchantment with the government's ability to solve the problem increases, as does their apathy, which makes it even harder to solve the problem
    * Spammers throw a party and celebrate that the government is still completely clueless and they have nothing to worry about so they ramp up their efforts even more

    1. Re:Where's the harm? by knautilus316 · · Score: 1

      By saying they are "wasting their time", you imply that their time would indeed be more productive if spent elsewhere. Should we let the legislature hear some more of the FCC's fascinating plans for HDTV, and make those legal instead?

      ~Knautilus

    2. Re:Where's the harm? by Simple-Simmian · · Score: 1

      "Valuable time our leaders could have spent debating something more productive have been wasted" Actually the more time you allow them to debate something less productive the better all around for everyone. Government is to ponderous and big to even accomplish 99% of the crap it sets out to do. I say let them debate all the want while people who can actually accomplish something fix whats wrong.

      --
      If you don't like what I write don't be a CS and mod it down. Refute it.
      Yea I can't spell. So what is your point?
  98. One unintended consequence by nahdude812 · · Score: 2, Insightful

    Non-US spammers buying the list for a big pile of confirmed email addresses. Of people who get lower than average spam perhaps (for a little bit?).

    1. Re:One unintended consequence by rettops · · Score: 1

      That's what I was wondering: would you get less spam or more by being on the list?

      Even if you figure that all US spammers honor the list, the non-US spammers will probably rejoice at getting a free list of guaranteed email addresses!

  99. McCain == stupid by Skapare · · Score: 1
    The odds of defeating spam by legislation alone is extremely low, but that does not mean we should stand idly by and do nothing about it.

    McCain is yet another stupid senator who prefers symbolic feel-good legislation over real laws that can be enforceable (at least in the USA). No, of course senators should not stand idly by and do nothing about it. But neither should they pass useless legislation, either. If he truly wants to solve the problem (as opposed to vote-getting fodder) then he and the others would pass some strong legislation with jail terms involved.

    --
    now we need to go OSS in diesel cars
  100. It IS enforceable by batkins · · Score: 1

    I don't know how so many people can claim that this is unenforceable. All spammers have to provide some way of contacting their clients to purchase whatever they're selling. If someone spams you, then that contact information can be used to prove that the company was contracting spammers. It's not rocket science.

    1. Re:It IS enforceable by Tazzy531 · · Score: 1

      So basically you're saying if I start sending out spam advertising this website called http://www.batkins.com, it would be reasonable for the government to go after the owner of that site? There is no way of knowing for sure whether the spam is used to attack a company by making them liable or whether it is sourced from the company itself.

      --


      _______________________________
      "I'm not Conceited...I'm just a realist..."
  101. Camel's nose by inkswamp · · Score: 1

    Those of you who know the old saying about the camel gettings its nose under the tent know that getting the government involved in legislating the Internet is a bad idea, even if it's for an apparently good reason. I hope this bill fails miserably. My email programs filter out spam for me just fine. I want technology to do my fighting for me, not some airheaded tech-clueless legislator who will use this bill as a justification for pursuing some other "great idea" about how the Internet should work in the future. This is a bad precendent, I think. I hope it takes a massive nosedive.

    --
    --Rick "If it isn't broken, take it apart and find out why."
  102. Nice misquote by JaredOfEuropa · · Score: 1
    The odds of defeating breast cancer by legislation is extremely low
    What he said was that the odds of defeating spam by legislation alone are extremely low.
    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  103. Wouldn't an anti-spam list make things worse? by CatOne · · Score: 1

    I mean, with all the spoofing and crap, aren't you just giving them a nice, fresh, clean list of email addresses to bombard?

    I mean, this anti-spam list will have to be available to spammers, how can you ensure the "bad" ones don't get the list and use it for nefarious purposes?

  104. Interesting! by CatOne · · Score: 1

    I did not know that.

    I assume it doesn't work with Exchange? Seems to work great with my mail servers.

  105. you CAN SUE by herrvinny · · Score: 1

    What really defines an ISP? Last time I checked, the FBI classified a few journalists as ISPs to get their notes. You can probably qualify as an ISP by getting a business DSL line, then adding a wireless router, so anyone on your driveway or nearby can use the Net. When you get spammed, just claim that you are an ISP for anybody near you....

  106. Simple.... by CaptPungent · · Score: 0

    we just "liberate" the country the operation resides in......

    --
    C Pungent
  107. 'Technology' Specific Laws by dismentor · · Score: 2, Interesting

    Well, I appear to have missed the boat on this one, but anyway: Does anybody else have a problem with Internet or Technology specific laws? Does the technological revolution raise any actual, new issues that require new legislation? It is my opinionv that most percieved problems can be equated to equivalent problems in 'real' life with appropriately fast and/or large communication system. Perhaps all that is needed is to establish how the 'old' system relates to the new and how we should move forward in enforcing it, without removing or negating any of the considered rights, checks and balances.

    For instance, I do not see bulk/direct messaging as a problem specific to the Internet; junk mail, junk faxes and direct telemarketing seem to be found just as much a problem. Wouldn't it be more sensible if we created a system that addressed all of hteses problems and hopefully may cover future communications environments? As someone suggested most spam is already criminal under fraud laws.

    Beating a dead horse here: DRM and TPM are a problem too, because in most countries, people can make non-infringing copies to non DRM enabled platforms; the infringing copies are already criminal by existing copyreight laws. Instead of creating a government mandated monopoly on information perhaps it would be a wiser idea to seriously fund, investigate, and run a program to expand the enforcement of laws on the new platform?

    Other examples I won't go into include Import and Export, Wireless Networks and property, Trespass; I welcome any conter arguments to any of these, so hopefully I can smack them down. :P Here's hoping for replies.

  108. Oh, great .... by glenmarshall · · Score: 1

    Now every @#$!ing spam I get will cite their bogus compliance with the new Senate bill. More wasted electrons. Nothing to show for it.

    --
    Marshall's Generalized Iceberg Theorem: Seven-eighths of everything is hidden.
  109. Yet another fruitless waste of tax-dollars... by xiana · · Score: 1

    ... but a step in the right direction...

    Has any stopped to consider that so long as SMTP exists in it's current form to transfer email on the internet, the problem of spam will not go away ?

    What we really need is a new mail transfer protocol, not legislation.

    -Xian

    1. Re:Yet another fruitless waste of tax-dollars... by wizkid · · Score: 1


      Most of the pieces are in SMTP. Rather than scrapping SMTP, add better authentication up front. I hate to see anything relaying mail on the internet having to be registered, but it may come down to this. I'm recieving over a hundred spams a day.
      This is pathetic.

      --
      I take no responsibility for what I say. Even though I'm never wrong :)
  110. List Cleaning by Detritus · · Score: 2, Insightful

    The registry does not have to give out their list to spammers. They can require clients to submit a list of email addresses, delete any addresses that are in the registry, and return the modified list to the client.

    --
    Mea navis aericumbens anguillis abundat
  111. It will only hurt US spammers. by demonic-halo · · Score: 1

    It would send jobs created by SPAM to 3rd world countries. The same spam will be there, just all those Americans employed by spam will be out of a job. The same with the Do Not Call list.

  112. Let's forward the spam where it will do GOOD! by herrvinny · · Score: 1

    Then I'll just blacklist all IP's outside of the U.S. How many of us get legitimate mail from China, Russia, etc? And if countries persist in not cracking down on junk email, then I'm going to set up rules so that whereever the originating country is from, I'll forward the junk email to the country's diplomatic corps. They're supposed to be diplomats, right, negotiating stuff? They can negotiate killing the spammers in their countries.

    1. Re:Let's forward the spam where it will do GOOD! by anthony_dipierro · · Score: 1

      Then I'll just blacklist all IP's outside of the U.S.

      The poster said they'd move offshore, not that they'd send their spam from offshore. It's easy enough for a non-American to buy a large number of throwaway accounts at US ISPs.

  113. HOWTO: Get legislature to pass anti-spam bills by SlimFastForYou · · Score: 2, Insightful

    Screw root@127.0.0.1..... All you have to do is put in the email address of your representative whenever something on the Internet asks for an email address =). All you gotta do is get them on a few mailing lists... then the spamers will trade the addresses around =).

    Anti-spam country, here we come.

  114. Try something that will work! by BCW2 · · Score: 1

    Instead of trying to trace the SPAM. Pass a law that makes all commercial Email opt=in only. Then when the flow continues, fine the linked websites owner. Yes the company that is trying to sell something. The funding for the SPAMMERS will dry up fast at $1000.00 per Email in fines. The companies will be much more careful how they advertise, and bandwidth will return for something useful.

    It might work.

    --
    Professional Politicians are not the solution, they ARE the problem.
  115. huh? by rizzo420 · · Score: 1

    i want to know how it can be unlikely to pass the house and have the pres sign it if it passed unanimously in the senate. that makes no sense to me. the house and senate are both fairly evenly divided between dems and repubs, and if they all agreed in teh senate, why shouldn't they all agree in the house or come pretty close to it? and if it got so much praise in the legislature, why would bush not sign it?

    i agree that it won't put an end to spam, but at least there'd be a way to really do some damage if you catch a spammer.

    --
    please me, have no regrets.
  116. It obviously won't work, here's why by Anonymous Coward · · Score: 0

    Want to put your competitor out of business? Just spam every .gov email address with your competitions sales pitch. Competition gets sued, spammer wins. If the headers are spoofed, there's no way to prove who sent it regardless of the content. It won't work. Congress is yet again wasting our tax dollars, they need to get to effin' work on problems they can comprehend.

  117. w00h00!!...but... by Anonymous Coward · · Score: 0

    i need penis enlargement as little as the next guy (maybe even LESS!), even though the only spam i get is the occasional offer for helping some foreign expatriot smuggle some quadrillion dollars overseas every few months...

    but, there's some potential for some important information being stifled by people's politics. generally such censure gives me an icky feeling, and i have no problem with that.

  118. Nah, just have companies deliver conesquences... by $ASANY · · Score: 1
    If it takes three pages to describe the solution, my gut feeling is it's unworkable. What's always seemed to work for me is getting smacked when I screw up.

    Leave your mailserver unsecured and have it hijacked by spammers? Get blacklisted by the major mail relays and lose your business. Your screw up, you pay. That'll improve global mailserver security almost instantly.

    Run chinanet.cn and actively solicit spammers? Get blacklisted not only by mail relay but also by routers by US companies tired of your crap. How long will chinese ISP's continue to allow this when their network starts getting cut off from the world?

    Companies have to find the guts to actually hold other companies accountable for their making spam and fraud possible. They're the ones bearing the burden, and they're the only ones who actually have a significant cluestick to weild. If UUNet, AT&T, AOL and the RBOCs decided to cut off the enablers, those slimy hosting services and undisciplined problem children would either have to shape up or disappear.

    Relaying TCP and UDP traffic is a _priviledge_, not a _right_.

  119. Re:Nah, just have companies deliver conesquences.. by mabu · · Score: 1

    Companies have to find the guts to actually hold other companies accountable for their making spam and fraud possible. They're the ones bearing the burden, and they're the only ones who actually have a significant cluestick to weild. If UUNet, AT&T, AOL and the RBOCs decided to cut off the enablers, those slimy hosting services and undisciplined problem children would either have to shape up or disappear.

    You don't get it do you?

    UUNet, AT&T and other providers PROFIT FROM SPAM because they sell bandwidth. The cluestick needs to be bonked on people who don't understand the dynamics of this situation and therefore waste time with ineffective solutions.

  120. This bill legalizes spam by Animats · · Score: 2, Insightful
    This bill legalizes spam. It's intended to head off California's new law, which has real teeth.

    First, the Senate bill is "opt-out", not "opt-in". After January 1, spam in California is simply a crime. You don't have to opt out.

    Second, the Senate bill has no private right of action. It can only be enforced by Government action, and only in Federal court. California lets any victim sue. You can sue in small claims court (which goes to $10,000 in California), and you can sue in a class action, so the usual ambulance-chasers can go for the business.

    Third, the California law lets you sue anyone who "sends, or causes to send" spam. "The true beneficiaries of spam are the advertisers who benefit from the marketing derived from the advertisements.", says the law. This lets you go after the advertiser, rather than the spammer. Just find out where the money goes when you put in a credit card number, and sue them. The Senate bill doesn't let you do that.

    Fourth, the Senate bill preempts stronger state anti-spam laws. No more private anti-spam suits, no "ADV:" requirement, etc.

    Finally, the Direct Marketing Association supports the weak Senate bill. As they put it, "Legitimate e-mail marketing is a promising vehicle for global commerce." That's a good reason to oppose it.

  121. Dont applaud yet... by otterpop378 · · Score: 1

    they also voted themselves a pay raise.

  122. "+" and Subdomains by billstewart · · Score: 1
    Some Unix mail programs have the username+tag@domain feature, and I've seen some other mail systems that use a different character instead of "+". Another approach is to get a domain name or subdomain and a mailer that wildcards, so tag@yourdomain.com or tag@yourname.yourisp.net gets forwarded to you for whatever tag is used. Fastmail.fm provides automatic translation between tag@yourname.fastmail.fm and yourname+tag@fastmail.fm , at least for paid subscribers, which means you can give the name tag@yourname.fastmail.fm to your mother-in-law who just doesn't grok the "+" syntax, and to webforms that choke on plus.

    Risks Some web forms choke on the "+". Some humans do too :-) Dictionary Spam can be very ugly if somebody spams millions of potential usernames at your subdomain (or your pseudo-subdomain at yourname.fastmail.fm, but they've got spam protection available which can kill those.)

    Mitigations If you're running your own subdomain and your own inbound mail server, be sure that mail sent to more than a couple of bogus or honeypot addresses gets noted and either blocked or teergrubed at the envelope level.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  123. Anonymous Speech Consequences May Be Intended by billstewart · · Score: 1
    The proposed bill doesn't quite ban anonymous speech , and definitely doesn't ban anonymous remailers, but it sure threatens to harass them, and to make it possible for the enforcement bureaux to define futher policies (such as clarifying "misleading") that could lead to trouble for providers of anonymous email. The real question is whether this is an unintended consequence or an intended one.

    Feds have disliked anonymous communication for years. You'd think that if they wanted to ban anonymous communications using this as an excuse, they'd have done a clearer job of it, and that I'm just a raving paranoid, but hey, raving paranoids are the type of people that court rulings on anonymous speech are intended to protect, and given that they can't write a bill that does even a half-assed job of forbidding spam, their lack of completeness in banning anonymous speech may just be incompetence rather than malice. Or it may be a competent understanding of how far they can toe the line, and how much they can leave in slack for regulators and prosecutors to finish the job later.

    Meanwhile, the spam bill is full of so many holes that are big enough to drive a fleet of truck bombs through that it's good that it probably won't pass. The bad part is that many of these sections may be trial balloons for later bills, though many of them are just in there to make incompetents like Schumer look good.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  124. What an appallingly incompetent bill. by billstewart · · Score: 1
    • It's got holes so big you can drive a fleet of truck-bombs through them.
    • It looks like you can create business relationships with people by sending them relationship mail, and then exploit those relationships to send them "transactional mail".
    • It looks like any $50 Delaware Corporation that manages to somehow break the anti-spam laws and get caught can get sued and whacked and bankrupted (what a shame. You'll just have to start up another corporation.)
    • The bill does make a vague attempt at banning hiring spammers to promote your products, but it doesn't look like it bans hiring "marketing companies" that promise to use spam-free opt-in email to promote your products, and if it does, then you can apply another level of indirection with another disposable corporation, or use a foreign corporation instead of a Delaware one.
    • It looks like the definition of ISP, while excluding "telecommunications providers" (i.e. ISPs), is flexible enough that you can be an ISP if you want, just like you can be a journalist with journalistic works in progress on your computers, so you can get around the fact that only governments and ISPs can sue for money.
    • It looks like it's easy enough to dodge most of the bill by moving offshore, and the requirement for a physical postal address doesn't specify that it's in the US, so if you're a spammer you can safely provide your genuine absolutely true physical postal address at [insert Unicode characters here] the Mailboxes Etc. in Outer Mongolia.
    • You can probably buy an opt-in list from some Korean corporation, which maybe you own.
    • It looks like many of the rules only apply when using a "protected computer" to initiate the spam - that term isn't explicitly defined in this law (it points to another law), but it usually tends to refer only to US machines that the government has some interest in protecting (theirs, banks, big corporations, etc., sometimes members of the publics' as well.) So you can use an unprotected machine to send the spam to the relay.
    • It's 2:13 AM here in California - if you want to find six more unfixable things before breakfast, you've got plenty of time.
    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  125. PUT VIAGRA OUT OF BUSINESS by superjacent · · Score: 1

    I want a massive class action suit against the Viagra corporation. I mean if we really want to go after the sources then lets put Viagra out of business.

    The email protocol is what is screwed up. As long as you have access to a computer you can send out mail to anybody from anybody. And you can do it from anywhere.