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Spammers Pleased with 'Anti'-Spam Act

grung0r writes "A post at Ed Foster's Gripelog explains why the new anti-spam law that Congress is passing isn't a good idea: 'it's clear that only the Direct Marketing Association, Microsoft, AOL and a handful of others had any input into the law, because it's carefully crafted to allow the big marketers free reign. And the loopholes it provides them will be more than big enough to provide aid and comfort for the smallest and sleaziest of spammers as well.' More about the problems with the law can be found at cauce.org." The direct marketers are dancing in the streets over it.

15 of 468 comments (clear)

  1. Yay government. by shystershep · · Score: 5, Insightful

    The lack of the private remedy is bad (there's nothing more intimidating than looking down the barrel of a loaded lawyer), but at least the law requires the spam to be labeled. That will make it a lot easier to filter out - - provided, of course, that those anonymous sellers of penis lengtheners obey the law. If you can't trust someone like that to be a law-abiding citizen, who can you trust?

    --
    The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
    1. Re:Yay government. by satyap · · Score: 5, Insightful

      No, fuck no. I don't want want to filter the spam after it has already gotten into my system and is chewing its way through my procmailrc! I want it to stop outside my network.

    2. Re:Yay government. by sketerpot · · Score: 4, Insightful

      If spam is labeled, it'll be easy for ISPs to kill it, and advantageous to to so as quickly as possible---they don't like spam wasting bandwidth any more than you do.

  2. I agree, it's not good enough by r_glen · · Score: 4, Insightful

    With the new bill, we have to rely on and trust the 'opt-out' option, something we've been trained NOT to do.

    1. Re:I agree, it's not good enough by frankie · · Score: 4, Insightful
      rely on and trust the 'opt-out' option

      Oh but it's worse than that. The opt-out provision only applies to the specific company being advertised. Start a new shell company (maybe $50 in some states, less in the carribean) and you can spam everyone all over again, 100% legally. Plus you've got all those freshly confirmed addresses!

      In fact, I don't think the law prohibits selling your opt-out list to other spammers, for use as their new spam list. Isn't life grand?

      Further problems with the law:
      • no private right of action. 99.98% of spammers don't cause $5000+ worth of damage and therefore will never be prosecuted by the FBI or FTC. Individuals, companies, and probably even state governments will have to take it up the ass.
      • Meanwhile, the big names on ROKSO will know how to abuse the loopholes free and clear.
      • Nulls out all existing state spam laws, most of which are stronger than this crap.
      But all the Congress-critters get to go home to their districts and say "I voted to protect you from spam!" without even realizing that they're lying (except that as usual their lips are moving).
  3. It's a total scam. by grub · · Score: 4, Insightful


    ..just like the anti-virus industry. The laws have glaring loopholes through them but were worded well enough to calm down the masses. Now the anti-spam software industry will grow like mad as spam continues to flood inboxes. It's no coincidence that Microsoft was consulted on the spam laws, they have a vested interest in the after market antispam business.

    --
    Trolling is a art,
  4. The law was not about stopping spam by Anonymous Coward · · Score: 4, Insightful

    Our government will shortly be saying that they can not regulate Spam unless they can watch all things moving across the wire. This includes the Net and Voice. The US government is slowly setting up the reason for why they have to monitor everything in our lives.

  5. no, it's meaningless by Anonymous Coward · · Score: 5, Insightful

    I hate spammers, but this law is meaningless, as are ALL anti-spam laws:

    1. Spammers will ignore the law. Which leads to the next point:

    2. Laws are meaningless unless enforced. How will it be enforced? When I get hit with spam that violates this law, who do I complain to? Who will investigate my complaint and then pursue and punish the spammers?

    3. Where will all the money and resources come from to enforce this law (see point #2 above) -- to actually enforce this law will take FAR more money and resources than anyone realizes or will admit.

    And even if significant money and resources are allocated to enforce the law:

    4. What about all the spam originating from servers outside the U.S.

    1. Re:no, it's meaningless by thentil · · Score: 5, Insightful

      How will it be enforced? When I get hit with spam that violates this law, who do I complain to? Who will investigate my complaint and then pursue and punish the spammers?

      I shouldn't *have* to complain to someone, or rely on someone else to protect me - if I'm spammed, I want the ability to file a lawsuit - which this legislation prevents. The SEC is supposed to protect me from fraud, too - but they haven't been doing too good a job recently. If you call the FBI about fraud, they won't do anything unless your losses are above xyz amount. The point is, the government should be enabling the individual to protect himself, not forcing the individual to rely on an underfunded, overworked, special-interest-and-politically-compromised body.

  6. So let me get this right by jlechem · · Score: 5, Insightful

    It's not going to stop SPAM just make it honest. They have to provide a real address, label it as commercial, and provide an opt-out that really works. How does this keep me from getting SPAM? I don't give a rats ass about opt outs or addresses I don't want this crap in my in-box to begin with. I'm not even going to mention the bastards overseas who are under no obligation to follow these rules( like they would if they had to anyway).

    --
    Hold up, wait a minute, let me put some pimpin in it
  7. Re:Only way to fix this... by mcpkaaos · · Score: 4, Insightful

    Why do I vote again? Oh yeah, I stopped voting since I realized it doesn't matter who wins

    If you don't vote, then guess what? You don't get the right to bitch and moan when things don't go the way you want them to, plain and simple. It's fucked up, this political system we have, but at this point in time our only voice is by voting. I know you feel rebellious to say it, but understand that this is a very real case where if you aren't trying to be a part of the solution, you are, by default, a big part of the problem.

    Post you politician's e-mail addresses everywhere you can

    Politicians doubtfully are the first to read their email. More than likely you'd be targeting an intern, whose job is to wade through the inbox to pick out the handful of real emails. I don't think your point will get across to them, do you?

    --
    It goes from God, to Jerry, to me.
  8. Typical Liberal Thinking by Mullen · · Score: 4, Insightful

    Alright, I always thought Schumer was stupid weak minded liberal who thinks government can solve all of life's woes, but this proves it:
    "It's not going to solve all the problems, but it's the first real step," said Sen. Charles Schumer, D-N.Y. "The public is demanding something. It's going to happen. We're going to get it done."
    Okay, spam is not a government problem, it is a technical problem and no amount of praying or laws (Smart or dumb) are going to solve the problems of spam. Now here is the list why:
    1) Most spam that ends up in U.S. mailboxes comes from overseas, so no US law is going to stop that.
    2) Spam actually works on an economic level, if it did not, then no one would spam. Spammers spam, because spam works. Destroy the profitiblity of spamming and spam will go away.
    3) Spamming is easy. Make it so addresses can not be spoofed, email headers can't be forged and MX records have to match up with A records (All those modem pool modems would not be able to send because no will accept mail from a machine that does not have an correct MX record). I think if you fixed this, then a lot of the spam would just go away.

    --
    Linux O Muerte!
  9. RTFA by nate1138 · · Score: 5, Insightful

    Did you even bother to read the article? Yes, it has to be labeled as spam, but the label isn't defined. As a matter of fact, the label is up to the spammer to decide! The FTC is PROHIBITED by this law from defining the label. So how are you supposed to filter out mail based on an arbitrary label defined by the sender?

    --
    Where's my lobbyist? Right here.
    1. Re:RTFA by sketerpot · · Score: 4, Insightful
      Wow, I retract my comment about this making spam from the US trivial to filter out. This looks like just a voter-appeasement act that leaves the spammers with as much leeway as they want.

      Congressional scum meet spamming scum. Who is worse?

  10. Labelled how? by Chris+Pimlott · · Score: 4, Insightful
    As the post states, the bill does not give any specific manner for how a piece of spam should identify itself as such.

    From the text of the bill, the mail must provide
    clear and conspicuous identification that the message is an advertisement or solicitation

    But what does that mean? Putting "[AD]" in the subject title? Adding a "is-spam: true" header? Ending the message with "BTW, this is spam"? Some of them? All of them? Any could be could be considered a valid indentification but the vast variety of methods and phrasings could make it very difficult to actually filter out based on these "clear" identifications.