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Analyzing AT&T's Anti-Anti-Spam Patent

An anonymous reader writes "Dan Gillmor is reporting in his eJournal taken, in turn, from Gregory Aharonian: AT&T has apparently been awarded a patent for circumventing certain spam filters, thereby providing slimeball spammers with yet a bigger hammer!" The patent covers "A system and method for circumventing schemes that use duplication detection to detect and block unsolicited e-mail (spam.)", although it's unclear exactly what AT&T want it for.

28 of 314 comments (clear)

  1. Hey! Shortsighted people! by KFury · · Score: 5, Insightful

    Has it occured to anyone that by patenting an anti-anti-spam technique, AT&T can legally forbid spammers from using that technique?'

    Yay AT&T. I applaud you.

    1. Re:Hey! Shortsighted people! by KrispyKringle · · Score: 4, Insightful
      See, that occurred to me. But I sorta doubt they'll use it to track down spammers and sue them for patent infringement, considering that spammers are already very often violating state laws, violating their ISP AUP, and peddling illegal scams and therefore make themselves hard to find.

      But on the other hand, I doubt ATT will be selling circumvention technology. Now, a fair guess would be that they won't sue the spammers for infringement, but may sue those who sell software used for spamming (who are generally a bit more findable).

    2. Re:Hey! Shortsighted people! by m_chan · · Score: 4, Insightful

      Or it occurred to them that they can make a mint by selling/licensing the technology to "spammers" or slightly more legitimate advertisers. It's probably just perception, but I think that a good chunk of the dinner-time phone-spam, and a large portion of the direct mail I used to get was from the Death Star.. oops.. I mean good ole Ma' Bell.

    3. Re:Hey! Shortsighted people! by incom · · Score: 4, Insightful

      Please someone with some money, patent all possible future DRM techniques.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    4. Re:Hey! Shortsighted people! by Steve+B · · Score: 4, Insightful
      Has it occured to anyone that by patenting an anti-anti-spam technique, AT&T can legally forbid spammers from using that technique?

      True, though it's unfortunate that the government hasn't already done so on the grounds that circumventing an anti-spam filter is a form of cracking.

      --
      /. If the government wants us to respect the law, it should set a better example.
    5. Re:Hey! Shortsighted people! by GammaTau · · Score: 5, Informative

      Has it occured to anyone that by patenting an anti-anti-spam technique, AT&T can legally forbid spammers from using that technique?'

      If the technique is well-known and utilized prior the patent as well as extensively discussed in public forums (like nearly all ways of bypassing the spam filters are), then the patent can be nullified. In other words:

      • If the spammers have been using this patented method, the patent is void
      • If the spammers haven't been using this patented method, the patent has very little effect on spam
    6. Re:Hey! Shortsighted people! by Shakrai · · Score: 5, Insightful
      spammers are already very often violating state laws, violating their ISP AUP, and peddling illegal scams and therefore make themselves hard to find

      Hey, I hope this doesn't get me modded flamebait but I've had this thought for awhile and this seems like the ideal article to raise it in. Disclaimer: I am not endorsing or defending SPAM or the people behind it.

      Has anyone else thought that the most effective way to combat SPAM would be with education not filters/lawsuits/etc?

      It would seem logical to me to assume that at least a large number of (if not a vast majority of?) spammers are ignorant as to why it's a bad idea. They don't know much about the Internet, and some idiot with a spam-software outfit approaches them and tells them about this "Great Marketing Idea", sells them some software (that may or may not do various bad things like hiding headers/etc), and off they go!

      My boss approached me once with some literature he received from one of these software companies. After my initial "WTF??? You aren't serious???" reaction I sat down with him and explained some of the history behind spamming, why it's a bad idea, would piss off our existing customers/alienate new ones, etc etc etc. Based on this experience it would seem to me that the most logical solution would be to educate the companies behind the spamming as to why it's a "Bad Idea".

      Of course, this theory doesn't hold any water when you look at pornographic spam, Nigerian bank fraud spam (my personal favorite), pyramid schemes, etc etc. But it probably would be a better approach when dealing with the idiots who have been duped into thinking that unsolicited e-mail is a legitimate marketing tool. At the very least it can't hurt any.

      Just a thought I've had for awhile now.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    7. Re:Hey! Shortsighted people! by MillionthMonkey · · Score: 4, Insightful
      This patent describes the simple use of hash-busting characters in email messages.
      System and method for counteracting message filtering

      Abstract

      A system and method for circumventing schemes that use duplication detection to detect and block unsolicited e-mail (spam.) An address on a list is assigned to one of m sublists, where m is an integer that is greater than one. A set of m different messages are created. A different message from the set of m different messages is sent to the addresses on each sublist. In this way, spam countermeasures based upon duplicate detection schemes are foiled.

      This isn't "providing slimeball spammers with yet a bigger hammer". It's a bread-and-butter spamming technique. Almost all the spam I get is salted with random letters or dictionary words in the address or message body to change the hash (and is therefore infringing on AT&T's new patent). We just saw a story a few days ago where spammers were sprinkling fraudulent scam emails with hash-busting characters to get past filters.

      One of the nice things about spammers is that (unlike their opponents) they rarely patent the circumvention mechanisms they use, leaving their bag of tricks open for intellectual property land grabs like this one. Compared to laws against spam, which for the most part hardly exist, patent law rests on sound international footing and gives AT&T much greater leverage against spammers who are now patent infringers. Good for AT&T. I wish I'd thought of it first.

      It's lunacy to assume that AT&T secured this patent for any other reason- like productizing this stupid patent. Are they going to sell a new software suite for spamming? Spammers aren't an ideal software market by any reasonable standard. There's only 180 of them. AT&T would sell one copy, it would get pirated 179 times, everyone with a copy would start spamming warez versions of it, and that would be the end of it. Assuming that spammers cared about using patent-encumbered software at all- which they don't. And AT&T would alienate its customers in all the other markets they're in. It would be like a Christian bookstore opening a bondage videos section. It makes no sense. I can't understand how anyone could possibly take the outrage in this article at face value.

      What is really amazing about this patent is what it says about the research done by the USPTO. I bet the USPTO examiner received a dozen examples of prior art in his own inbox the very day he approved this patent, and he approved it anyway!

    8. Re:Hey! Shortsighted people! by Gherald · · Score: 4, Insightful

      > International patent law, however, is another matter.

      The matter being that unless sizeable amounts of money are involved, nothing gets enforced.

    9. Re:Hey! Shortsighted people! by Narcissus · · Score: 5, Interesting

      Or, instead of trying to educate the spammers, how about trying to educate the people who respond to spam?

      Just do a mass spam once a month, or even once a week, to every email address you can find. Do a few spams: one selling Viagra, a few pushing different types of porn, etc. Cover the basic list of things that get spammed for on a regular basis.

      Make the offers believable, and direct the recipient to an appropriately believable web site. Take their credit card details (but don't actually charge the card), do the whole lot. Right at the end, though, put up a page and say "hey, this is a scam site. Lucky we didn't really take your money!"

      This will make all of those people that actually buy from these emails actually think twice the next time they go to purchase.

      I wouldn't mind getting these "spams" as often as other spam if only for the fact that because the goal of these emails is to educate, there would be no reason to try and break through Bayesian filtering (or any other form). That is to say that they would be very easy for me to filter and never see, and hopefully at the same time we would see a reduction in other types of spam as people are educated about the problems associated with it (as it would drive sales down).

      Having said that, I know there is no limit to stupidity, so maybe the market will always be big enough...

  2. That gives me an idea! by TiMac · · Score: 4, Funny

    Now all I need is an anti-patent patent and we can end all the stupid patent nightmares once and for all!

    --

  3. Up next.. by placeclicker · · Score: 5, Funny

    A patent on bank robbery!

    --

    Browse at -1, because trolls are often the most creative part of /.
  4. Obvious value by SSpade · · Score: 5, Interesting

    If you look back, at the time AT&T would have been filing the patent they were in the consumer ISP business.

    Odds are it was filed as an offensive tool to use against spammers.

    A patent such as this could be used as a hammer against spammers using filter evasion approaches. The value of that for an ISP of the size of AT&T far exceeds the cost of filing a patent.

    (AT&T are pretty clueless on many levels, but this looks like it was a smart move. It'll be interestng to see what, if anything, they do with it.)

  5. PRECISELY! by Chas · · Score: 5, Insightful

    Now, instead of being well-nigh untouchable due to spam's precarious placement as little more than a highly undesireable activity, AT&T can go after spammers IN COURT on grounds of PATENT INFRINGEMENT.

    And going to court over something like this takes megabucks. Especially against a company the size of AT&T. Even if the spammers somehow weasel out on technicalities (like they didn't actually infringe on the patent directly), they're still going to be out so much money that their great grandkids aren't even going to be able to go to any educational institution after public high school.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:PRECISELY! by fishbowl · · Score: 4, Informative

      Looking at my inbox, they appear to be mainly in Korea. I don't think AT&T has much litigation influence there, but I could be wrong.

      --
      -fb Everything not expressly forbidden is now mandatory.
  6. Wait a minute ... by obsidianpreacher · · Score: 4, Insightful

    1) Patents are a way of restricting rights to certain ideas/methods/etc.
    2) AT&T can prevent anyone else from circumventing anti-spam filtering software with this patent
    3) Ergo, AT&T are the good guys

    ...

    wait a minute, I thought they were the bad guys

    ...

    I'm confused now ...

    --
    topreacher@signature.slashdot.org 1% rm -rf sig
  7. Pink contracts by www.sorehands.com · · Score: 5, Interesting
    AT&T have the ability to use this patent for good by killing spammers with it.


    What I suspect that they will do is allow it for their Pink contract holders and go after anyone else.

  8. Wouldn't that be illegal in the US anyway? by Nailer · · Score: 5, Interesting

    Couldn't you use the DMCA to stop circumvention of mail security software?

    That's a question, not a statement.

  9. Maybe AT&T is just disorganized by astrashe · · Score: 5, Interesting

    Maybe this isn't part of a master plan -- maybe it's more random.

    I could see a guy inside of AT&T working on something, and having to justify his time to his bosses. The lawyers who filed the patent probably work directly for AT&T, and so they gave it to them, and asked if it could be patented. The patent lawyers filed it, because they're patent lawyers, and that's what they do.

    I tend to assume that this situation would fit right into a dilbert storyline. I don't think it's part of a grand strategy.

    I can't imagine that AT&T would sell spam technology, because it would be a public relations nightmare. And I can't imagine that they'd try to sue spammers for patent infringment, because that would be expensive, and they wouldn't get anything out of it.

  10. A victory for anti-spam by bencvt · · Score: 4, Interesting
    After reading through the comments, I'm surprised at the number of people who can't see the obvious: this patent is a huge boon for the anti-spamming community. The author of the article is one of those people too, unfortunately. RTFA, but think it through, too.

    With the patent, AT&T can sue the makers of spamming software for patent infringement, unless SpamCo (or whatever company) makes sure that their mass e-mailer doesn't use any of AT&T's patented methods for avoiding filters. Of course, this will result in a crippled program: AntiSpamCo (or whatever company) knows exactly what SpamCo is not allowed to do, so their anti-spam filters will actually work.

    So why is AT&T doing this? One, it could be good PR for them once AntiSpamCo et al. realize the implications. Two, (this is for all you conspiracy freaks out there) the government may have asked them do to it. Governmental agencies cannot hold patents. Only individuals and corporations hold patents.

    I'm not trying to claim that AT&T is some benevolent corporation, though. It's entirely possible that, in addition to suing SpamCo, AT&T could also try to sue AntiSpamCo. They might not have as strong a case, but AntiSpamCo would still be using pieces of AT&T patent in their filtering software.

    Despite that troublesome possibility, it'll be good to see SpamCo get what's coming to it. A lot (perhaps most) of SpamCos are rather or the sleazy, shoddy side; I'm sure there will be patent infringement. It will be interesting too see how soon and how vigorously AT&T will defend their patent in court.

  11. The next big patents? by joelparker · · Score: 4, Funny

    Can Slashdot patent anti-anti-anti-spam?
    And recursively more anti- as well?

  12. I'll chime in on the anti-patent side by rsilvergun · · Score: 4, Insightful

    Since slashdotters seem to hate spam so much all reason gets abandoned when it's involved, I thought I'd point out why this is so awful. Basically, it's a math algorythm. Like Quick Sort. Now stop and think about what computing would be like if Quick Sort was patented. The same sytem that allows this to be patented would also allow Quick Sort to be. We're fortunate that most of the ground work for computing was layed before this mess started. Anyways, I just wanted to make the point that there's no such thing as a good software patent.

    --
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  13. ATT will be selling circumvention by djupedal · · Score: 5, Insightful

    1980...
    Remember being charged for an unlisted number?

    1990...
    AT&T sells us caller-id, and then sells caller-id avoidance devices to marketeers, then sells us next-gen caller id to thwart their devices...etc...etc.

    AT&T has been playing the middle for years...I see no reason for them to stop now. Patents just mean more money, faster.

    1. Re:ATT will be selling circumvention by dipipanone · · Score: 4, Funny

      2005...

      ATT sells their spam circumvention patents to SCO, who, dying from their fight with IBM, seeks to build a new business providing software tools for the spam community.

  14. probably just a fluke by martin-boundary · · Score: 4, Insightful

    Actually, this whole thing is probably blown out of proportion. The patent summary looks a lot like a paper by Robert J. Hall. I expect that ATT has a policy of patenting everything any of their researchers works on, regardless of what it is. The paper itself is mainly mathematics with the spam theme thrown in to make it interesting.

  15. The reason why... by toupsie · · Score: 4, Insightful
    The patent covers "A system and method for circumventing schemes that use duplication detection to detect and block unsolicited e-mail (spam.)", although it's unclear exactly what AT&T want it for.

    If they cannot call you to get you to change your long distance service, maybe they are doing to "telemarket" to your inbox. The Federal 'Do Not Call List' is changing the way a lot of traditional telemarketers are doing their business. Since they are now being fined for calling you, they need another way to invade your life and bombard you with offers. Having a technology that can circumvent spam blocking would be a step up on the competition.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
  16. Re:No, not hash-busting characters. Read the paten by MillionthMonkey · · Score: 4, Interesting

    If you read the patent, you'll see it has nothing to do with "random letters or dictionary words" to break hashing detectors.

    Yes it does. Note that while they describe many ways to alter a message, the specific method used is not central to their claim, which is merely that m different versions are created somehow, that recipients are assigned to sublists in which the same ISP does not appear twice, and each sublist gets a different version. While it doesn't mention them specifically, any technique using n random letters in a message will infringe, since it effectively divides all users into m=26^n sublists and sends the same message to all users in a sublist. Use of enough random characters effectively generates such a large m that each recipient lands in their own sublist. Therefore there is no need to "determine if the selected address is substantially similar to an address on the selected sublist" since there are no addresses already in the sublist. Nobody gets the same message, so you don't need to worry about two copies of one version going to users at the same ISP. It is algorithmically equivalent to what they're claiming.

    The patent goes on to describe many ways that a message might be altered, like reordering paragraphs, etc. In general many of the techniques they describe are subtle and do not allow as many permutations as you can get from a bunch of random characters, and so they stipulate (as a part of the claim) that care must to be taken that no sublist contains two "similar" email addresses. Meaning, don't send two copies of the same version to two recipients at the same ISP, who will notice the identical message hash. Duh. Any spammer could figure that out for himself. And like I said, if you use a large enough m this part of the patent is irrelevant since you don't need to worry about this problem. All the messages are unique.

    If you are too lazy to read the entire patent, and insist on only reading a small part, how about also reading what the claims section says instead of just the abstract?

    Yeah, what in the claims section do you think I missed?

    Sometimes, you know, patents are allowed that don't actually have prior art, or at least aren't as obvious as the abstract makes them sound.

    While true, that's irrelevant in this case because this is an obvious patent with plenty of prior art.

  17. Wrong numbers by Betcour · · Score: 5, Informative

    Those numbers are very wrong. Spammers count returns in sales per MILLION emails, because the rate is so low. It's profitable because they send huge quantities of spam, so even a very low sale rate is quite profitable.

    On the other hand real email marketing (done by a well known legitimate business, targetted to specific peoples who agreed to receive it) can get much better results.