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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.

41 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. Did anyone fool themselves.. by clifgriffin · · Score: 5, Funny

    ...into thinking this would stop spam anyway?

    Nothing can stop spam outside of God.

    Blogzine.net

  4. 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,
  5. Loopholes, eh? by Loki_1929 · · Score: 3, Interesting

    Guess we're stuck with Plan B.

    (Just Kidding)

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  6. Spammers need to be SHOT by Anonymous Coward · · Score: 3, Insightful

    ...end of story. The filthy assholes have NO sense of responsibility. They don't care that they're pissing people off every day or that spam traffic is choking the internet. Kill 'em all, and make 'em suffer.

  7. 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.

  8. Re:article text by sqlrob · · Score: 3, Insightful

    "My guess is the number of people willing to risk that amount of fines and jail time is not many," said William Nussey, chief executive of Atlanta e-mail service provider Silverpop.

    Like that's stopped those spammers that trojan machines. They'll just keep going, and now add "legitimate" spam to the mix. Stuff is going to get a *lot* worse

  9. 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 pyros · · Score: 3, Informative
      most spam comes from the US

      maybe the spam you get does, but most of the spam I get comes from Asia and South America. I sincerely hope you don't just see the masses of email that say they are from aol.com, hotmail.com, msn.com, and yahoo.com and believe them without tracing the headers (have a look at spamcop.net if you're not at all familiar with it). Basically Spam only comes 'from' the U.S. en masse in that there are people in the U.S. who offer the service of sending it. But they actually use offshore PCs, mostly in Asia and South America, because they would be perpetually signing up for new service providers if the used domestic servers, as the ISPs drop customers very quickly for such actions.

    2. 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.

    3. Re:no, it's meaningless by abischof · · Score: 3, Informative

      That's not correct. Spamcop sends reports on your behalf from an anonymized address (something like anon30957@spamcop.net).

      --

      Alex Bischoff
      HTML/CSS coder for hire

  10. A Bill Name that Makes Sense by chickenwing · · Score: 3, Interesting

    I thought polititions were smart about naming bills (USA Patriot) so that they could dupe the electorate into thinking anyone who didn't vote for it was the spawn of Satan.

    I don't know how signing a bill called "CAN Spam" is going to help anyone get re-elected.

    1. Re:A Bill Name that Makes Sense by Misch · · Score: 3, Insightful

      Can:

      1.c. Used to indicate possession of a specified capability or skill: I can tune the harpsichord as well as play it.

      That's the can that got passed here.

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  11. Welcome to reality, Mr. Morrissey by RobertB-DC · · Score: 5, Interesting

    So Brian Morrissey, the Senior Editor of the DMNews, thinks spam isn't all that bad. That consumers shouldn't be able to sue to take back their inboxes.

    I guess we can't say he's not putting his money where his mouth is, though... he put his email in a clickable link right there on the DMNews.com site.

    Of course, some spammers may exclude dmnews.com from their spidering. That does Mr. Morrissey a huge disservice! Clearly, unsolicited email is something he strongly supports, and we should help him in any way we can.

    So if anyone would like to include bmorrissey@dmnews.com on their email list, I'm sure Brian Morrissey would not mind at all! After all, Mr. Brian Morrissey (whose email address is bmorrissey@dmnews.com) is Senior Editor of "The Online Newspaper of Record for Direct Marketers." He probably knows the Webmaster and the Postmaster, too, and I'm sure they would never consider UCE to be Abuse.

    This has been a public service of the Slashdot community. Don't worry, you can thank us later!

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  12. Opt- out works for regular mail by acomj · · Score: 4, Interesting

    The DMA (Direct Marketing Association) web page has an opt out of junk mail page hidden in there somewhere, where for 5$ via internet or free via mail you can opt out of junk mail. I did it and it works remarkable well. It takes time to start up , but all members of the DMA are required to not send to addresses on the opt out list.

    I was pleasantly surprised.

    Of course one has to wonder how many spams are from legit businesses that are members of DMA?

    1. Re:Opt- out works for regular mail by CrazyDuke · · Score: 3, Insightful

      While it may be a lagitimate creative business in the United States of America, in most parts of the world, that is called extortion.

      --
      Any sufficiently advanced influence is indistinguishable from control.
  13. 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
  14. DMNews is Amusing by zeasier · · Score: 3, Insightful

    The site has rather conservative advertisements. For example no pop-ups or animated adds in the middle of a text body. What would the site look like if it had the same advertising to content ratio direct marketeers create in their mediums?

  15. Only improvements to SMTP will fix spam by KeithH · · Score: 3, Insightful

    The US government still hasn't clued in to the fact that The Internet is a global resource. As such, local entities such as governments are going to have very little power to control it.

    The proper solution is to get off our butts and start migrating away from SMTP.

  16. AOL/MSFT by lunartik · · Score: 3, Insightful

    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.'

    AOL and MSFT probably deal with more spam headaches than anyone else. I don't really notice them using spam, just trying to filter it in vain from their services.

  17. spam revenue structure by slavitos · · Score: 4, Interesting
    I don't rememeber the source (I think it was UK research), but I read a report somewhere that said that the biggest "source" of income for spammers is not even the money they receive from 0.001% who do respond to their messages, but what they make when they re-sell the list (less bouncebacks, of course).

    It looks like some bizarre vicious circle: the spammer doesn't even care if you are going to respond to the "opt-out" clause in their mailings simply because by the time the opt-out reaches them, they wil already have sold your address to 5 other spammers and made their money on you.

    Am I wrong or the bill simply doesn't address the list reselling practice? (Granted, I haven't read the actual legislation - just the press coverage).

  18. 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.
  19. If they spam you... by pr0ntab · · Score: 3, Funny

    then they are entering a business transcation with you.

    At that point, feel free to inquire over, and over, and over again about all of their services, and not purchase anything. And their upstream marketing service providers. Chat up their 1-8xx call center staff. Try to see if they're free on Friday.

    You will strangely find the front pages to all their websites VERY interesting, worthy of 200 views per hour. Especially all the images in the /images directory.

    It's pro business, after all. Pro-ISP and Pro-Telcom... hehehe.

    --
    Fuck Beta. Fuck Dice
  20. Pro-spam by Rank+Amateur · · Score: 4, Interesting

    There. You have it. The anti-spam bill is a pro-spam bill.
    I still wonder how the government will justify the fact that spammers use, without paying a red cent, the facilities of others to do their dirty deeds.
    This is in direct contrast to other direct marketers. Junk mail? Every letter requires a 37 cent postage stamp. Junk faxes and phone calls? These require payment by the sender of flat phone rates and calling charges.
    Spam, however, is virtually free for the sender, piggybacking on other people's equipment. It's the first form of direct marketing *in history* in which the unhappy recipient pays (through increased ISP costs) for the priviledge of receiving messages.
    The US government, in effect, has declared that all online citizens will be forced endure, and to pay for, receipt of unsolicited spam -- and, what's more, have no recourse, as private individuals, in the courts. A sad day overall.

  21. 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!
  22. 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?

  23. On naievity... by mrex · · Score: 3, Interesting

    If anyone here thinks for a minute that this abominable piece of legislation is an "accident" caused by those writing it being non-technical, wake the hell up.

    Every single word of this bill was intentionally crafted to do what it does -- make Congress look anti-spam to everyone except spammers. This is a Congressional "wink and nod" to all the scum out there who are more than happy to cost you money to try to sell you something.

    Remember, kids, messing with other peoples' computers "for fun" is bad and wrong and the FBI will hunt you down. If you're going to make money at it, and of course you allocate some of that money to bribing^Wlobbying Congress, thats a whole different story. Sigh.

  24. 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.
    1. Re:Labelled how? by Eric+Savage · · Score: 4, Informative

      Actually, it kind of does do this in a kind of weak manner in Section 11:

      "The Commission shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce--a report, within 18 months after the date of enactment of this Act, that sets forth a plan for requiring commercial electronic mail to be identifiable from its subject line, by means of compliance with Internet Engineering Task Force Standards, the use of the characters `ADV' in the subject line, or other comparable identifier, or an explanation of any concerns the Commission has that cause the Commission to recommend against the plan."

      That's pretty loose language, including the ability to say it shouldn't be done, but I doubt IETF is going to side with marketers here.

      --

      This is not the greatest sig in the world, this is just a tribute.
  25. The REAL point by JetScootr · · Score: 3, Insightful

    Is that it doesn't do anything. The govvies weren't trying to help "we the people". They wrote and enacted a law that shelters spammers from "we the people".
    How can you tell if a law is unjust? If it makes **ANY** provision at all preventing people from suing those who break the law.
    We have been denied access to the third branch of government in order to protect the business interests of spammers.

    --
    Pavlov wouldn't be so famous if he'd used a can opener instead of a bell.
  26. Forget the politicians by mabu · · Score: 3, Informative

    Politicians are useless. Law enforcement bodies don't even have cyber-crime issues anywhere on their priority list, much less the resources to fight it.

    I encourage the population to engage in a number of active efforts to negate the value all these advertisers have, and their tendency now to bombard us all into oblivion with their repetitive, misleading and obnoxious messages.

    * When you get spam, report it to Spamcop. Don't even bother with cutting-and-pasting the html source, the web hosting companies of spammers don't care about complaints. Make sure the complaints go to the ISPs who manage the IP space the spammer is operating from. But more importantly, when you report spam to spamcop, the source gets immediately flagged as a spammer and thousands of systems around the world refuse to accept mail from the source. It's VERY effective and the sooner you report spam, the more effective it is. The crap messages don't even get to peoples' mail servers this way. It WORKS!

    * Turn off your TV and refuse to let yourself be turned into a quivering ADHD blob with the constant barrage of commercial suggestions. If you must watch TV, do yourself a favor and get a TiVo (it will be the best money you ever spent) and record what you want, when you want, take back your life and best of all skip the commercials!

    * If you're feeling the need to waste time complaining, send a letter to your congressman and senators telling them that if they don't put more resources into cyber-crime enforcement you'll make it the center of your life to ensure they can't get elected to anything ever again.

    * Spread the word that the only realistic solution to spam is licensing outbound mail relays via a sanctioned body that is nowhere near as incompetent as ICANN. We need an opt-in, international SMTP mail relay whitelist with ethical rules for being included.

    * If you've had any bad experiences with companies who've ripped you off, do us all a favor and put up a web page on it and list it with the search engines. Peoples' apathy towards getting railroaded encourges the continuation of these scams. Know someone who's been burned by home-mortgage scams? Publish it! Put it out there forever. Every little bit helps to educate the feebleminded populace,make them more skeptical of suggestions (as well as editorial packaged as "news") and negate the value of quantum advertising.

    * Forget client-side e-mail filtering as a spam solution. It will never work and it is a black hole of resources, time and money. Filtering is good for viruses and idiots who still insist on clicking attachments, but it won't ever do much for the spam problem.

    * Encourage your ISP to employ relay blacklisting to thwart spammers so they can't even connect to remote systems.

    * If you still find yourself occasionally watching tv and are annoyed at misleading ad campaigns, do what I do: dial the 1-800 number repeatedly over the course of the commercial's airing, making the advertiser's efforts counterproductive and sending a message that you're tired of being bombarded, emotionally manipulated and lied to.

    * Don't buy any products advertised in any manner in which you find offensive or annoying regardless of the quality/desireability of the product.

    * If you still feel your penis isn't big enough, just go to the local store and buy some multi-vitamins or just deal with it. You don't need a bigger penis, newer car, a George Forman grill, closet organizer, no-money-down real estate, second mortgage, questionable mexican placebos packaged as drugs, or to see Holly hump a German Shephard. Pick up the phone and go hang out with friends who like you for who you are and don't buy into the media's constant message that you're inadequate and money will solve this.

  27. Why don't companies understand... by ShortedOut · · Score: 3, Informative

    I don't want you to call me to sell me something, I'll call you.

    I don't want you to mail me with advertisements, I'll mail you.

    I don't want you to knock on my door to talk to me, I'll knock on your door to talk to you.

    I don't want you to send me an e-mail, If I want your product, I'll send YOU an e-mail.

    I don't want to drive down the street and look at your signs, I want to see the trees.

    I, like many other intelligent people, like to buy things that we need, or want based on research, or discussion with friends and their experiences with the product or service.

    So, in conclusion, remember two things,
    1. Forcing your product on me is a good way to NOT sell it to me.
    and
    2. Don't call me, I'll call you.

  28. If it's anything like the spam I get... by IANAAC · · Score: 5, Funny

    About, oh, 80-100 characters to the right of the Subject line is a very clear label - "afdgkbj gfda hnrabs sf bgfb sfgfda nhmflwje" :-)

  29. Changes Made to the Bill by the Senate on Tuesday by langles · · Score: 3, Informative
    If you pay attention to some of the news stories today about the Senate vote, you will notice that the Senate has revised the bill slightly.

    Some of the changes are listed in a news release from Sentator Burns' website:

    The final CAN SPAM Act includes changes not in the earlier Senate passed version, including increased damages up to $250 per spam e-mail with a cap of $2 million that can be tripled for aggravated violations. For e-mails using false or deceptive headers, the cap does not apply. Additionally, the revisions to the earlier bill enhance FTC enforcement authority.

    This means that the House gets to vote again on the revised bill - probably after Thanksgiving

  30. It's even worse than you think by Animats · · Score: 4, Informative
    The opt-out provision only applies to the specific company being advertised.

    No. It's even narrower than that. It only applies to the specific line of business of the specific company being advertised. So one spammer can send you a Viagra spam, a mortgage-refinancing spam, an inkjet cartridge spam, a long distance spam, a cigarettes-by-mail spam, an extend-your-warranty spam, an online greeting card spam, a dating service spam, a credit card spam, a debt-consolidation spam, and a wireless video camera spam. You then have to opt out of each one separately.

  31. Clear, conspicuous and amorphous by 87C751 · · Score: 3, Informative
    Not only does the bill not define what "clear and conspicuous identification", it forbids the FTC from clarifying that part of the law, vis:
    SEC. 13. REGULATIONS.

    (a) IN GENERAL- The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Any such regulations shall be issued in accordance with section 553 of title 5, United States Code.

    (b) LIMITATION- Subsection (a) may not be construed to authorize the Commission to establish a requirement pursuant to section 5(a)(5)(A) to include any specific words, characters, marks, or labels in a commercial electronic mail message, or to include the identification required by section 5(a)(5)(A) in any particular part of such a mail message (such as the subject line or body).
    The can't say what qualifies as identification. They can't even say where the identifying portion must appear.

    This is such complete bullshit!

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