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U.S. Spam Law to Take Effect Jan. 1

We lead with news that the U.S. 'anti'-spam law, written largely by the Direct Marketing Association, will enter into effect on January 1. The bill preempts existing state laws which are tougher (states' rights anyone?), so for many citizens, this is purely a pro-spam law. The FTC is thinking about bounty hunters to enforce the new law (which you can and probably should read for yourself).

573 comments

  1. Re:Don't forget... by Anonymous Coward · · Score: 0

    Hey, come January 1st, you can just email this important information to everyone in the US!

  2. compression by boldi · · Score: 1

    Somebody please compress the text of law... What can we expect from the law, how to enforce? What about people abroad?

    1. Re:compression by musikit · · Score: 2, Interesting

      Not far off topic (at least i hope) but what about companies that have a presense in other countries? like Sony? can Sony.jp spam you and get away with it?

      obviously anyone can move their spaming practices off shore to where they don't care but what about those "legit" companies?

    2. Re:compression by dschuetz · · Score: 5, Funny

      Somebody please compress the text of law

      It's not very efficient, but here goes:

      OneHundredEighthCongressoftheUnitedStatesofAmeri ca ATTHEFIRSTSESSIONBegunandheldattheCityofWashington onTuesday,theseventhdayofJanuary,twothousandandthr eeAnActToregulateinterstatecommercebyimposinglimit ationsandpenaltiesonthetransmissionofunsolicitedco mmercialelectronicmailviatheInternet.Beitenactedby theSenateandHouseofRepresentativesoftheUnitedState sofAmericainCongressassembled,SECTION1.SHORTTITLE. ThisActmaybecitedasthe`ControllingtheAssaultofNon- SolicitedPornographyandMarketi.....

      (oh, like somebody ELSE wasn't going to do that?)

    3. Re:compression by gantos · · Score: 5, Insightful

      Here's my version: The Direct Marketing Association drafted an anti-spam law to protect US from THEM.

      We're screwed.

      --

      "How do you expect me to see the forest with all these damn trees in the way?!"
    4. Re:compression by cgranade · · Score: 2, Funny

      Actually, no, I wasn't going to do that... I was going to gzip it, then list the base-10 representation of the gzip.

      --

      #define DRM chmod 000

    5. Re:compression by Master+Bait · · Score: 1
      You seem to be one of a very few that know this!

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    6. Re:compression by Anonymous Coward · · Score: 0

      Why do you think? The US Govt cannot afford to stop spam. These spam businesses make millions of dollars each year. The US cannot afford to lose the tax generated from these enterprises. ;-)

    7. Re:compression by Crockerboy · · Score: 2, Funny

      What's really funny is that in that entire string of text, the work "Pornography" is the first word my brain grabbed focus on.

    8. Re:compression by jazman_777 · · Score: 1
      Here's my version: The Direct Marketing Association drafted an anti-spam law to protect US from THEM.

      The classic wording is: Two wolves and a sheep just voted on lunch.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    9. Re:compression by Durin_Deathless · · Score: 1

      Nh, ws thnkng mr lng th ns f nx vwls cmprssn.

      (Nah, I was thinking more along the lines of nix vowels compression)

      --
      You should use AdiumX on your Mac.
    10. Re:compression by dgatwood · · Score: 1
      Well the new rights given to spammers are somewhat obscene....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    11. Re:compression by Hatta · · Score: 1

      When the US operating budget is in the trillions, I think they can stand to lose a few million in tax revenue.

      --
      Give me Classic Slashdot or give me death!
    12. Re:compression by Sqwubbsy · · Score: 1

      The government prints money, it doesn't generate money.
      The idea to successfully leech is to keep the host alive, not to kill it.

    13. Re:compression by kableh · · Score: 2, Insightful

      And glassware and other "drug paraphenalia" is a multibillion dollar industry. Your point?

      And the thought of lost tax revenue certainly doesn't stop the government letting corporations dodge taxes...

  3. Opt-in for all email... by shakamojo · · Score: 5, Interesting

    The problem is that our current email system is flawed... one of the best solutions (or actually work-arounds) for the current protocol is obvious, and already being used by several major ISPs... opt-in for ALL email. I know a few people who do this (their server rejects email from all senders except those on an approved list) and it works very well for them, but the average Joe wants both convenience AND security for their email, so the hassle of having to "approve" folks is not worth it (apparently it's easier to weed the 30 or 40 legit emails out of the 100's of spam messages)

    Face it, email, in its current incarnation, is inherently flawed. Until we actually change the way we implement and use email (perhaps even changing protocols) we will continue to have spam problems. Even Britain's "opt-in" version of anti-spam legislation has done little to curb the problem. The US "opt-out" version is even worse! When a prominent spammer is quoted as saying this 'anti'-spam legislation "makes my day", you KNOW it's a bad law!

    I think that the problem needs to be tackled from a technical standpoint, rather than a legal one. If we were able to improve the system, legislation like this wouldn't be necessary!

    1. Re:Opt-in for all email... by FortKnox · · Score: 2, Interesting

      Honestly, you are thinking too abstractly.

      To just change the email system around isn't feasable. The sheer thinking of a WORLDWIDE change to the entire email system is actually quite propsterous.

      You have to make due with what you have, not try to change everything around. By changing everything around, you are avoiding the old problems in lieu of ones you haven't thought about yet.

      I was going to go on, but your comment seems a bit too much like a troll for me to continue on.

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    2. Re:Opt-in for all email... by Shimmer · · Score: 4, Insightful

      Opt-in is a lousy idea. Don't you want to be able to receive legitimate e-mail from people you haven't met yet?

      Perhaps someone wants to write you a note about your web site. Or maybe someone read an article that you wrote and would like to discuss it. Or maybe an old friend from high school wants to send you an e-mail out of the blue.

      If we shut off the possibility of such introductions, the Internet will become an even drier place than it is now.

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    3. Re:Opt-in for all email... by wmspringer · · Score: 1

      Is the person who wants to email you about your website going to send an identical mail to 30 million other people?

      If a message is noncommercial and is going to only one person, I wouldn't say that needs an opt-in. On the other hand, if you're selling herbal viagra or whatever's hot this week, that IS commercial email and you probably want to send it to a lot more than just one person..

    4. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      Most filters even the one used in Hotmail
      are Opt-in still you have to go through
      the SPAM folder just in case someone
      is not on your friend list...

      For me, it happens once every couple of weeks.

      So, Opt-in or Opt-Out doesn't work neither way.

      -- Hotmail user.

    5. Re:Opt-in for all email... by Shimmer · · Score: 2, Interesting

      I agree. That's why we need a reliable way to distinguish spam from non-spam. If we establish opt-in for all e-mail we throw out the baby with the bathwater.

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    6. Re:Opt-in for all email... by IWantMoreSpamPlease · · Score: 1

      and how do you determine what is spam from out-of-the-blue non spam?

      The distinction is the problem.

      --
      So rise up, all ye lost ones, as one, we'll claw the clouds.
    7. Re:Opt-in for all email... by shakamojo · · Score: 5, Insightful

      "To just change the email system around isn't feasable."

      If this were true than everyone would still be using CTSS Mail circa 1965. I'm not saying that we take on the "preposterous" job of implementing a worldwide change overnight, I'm merely suggesting that some thought be put into how we move forward.

      If you think that SMTP will still be "de rigour" thirty years from now, you're in for a surprise, by then it will have gone the way of CTSS Mail, Autodin, Multics, the ARPANET, etc... things change!

    8. Re:Opt-in for all email... by mark_lybarger · · Score: 1

      this sounds like a RIAA type comment from 1996 regarding distributing music over the internet.

      this is technology. things change at a rapid pace. 5 years ago, we were all using ssh to log in to our machines. today, that's only done inside a corporate network (hopefully) thanks to "changing everything around".

      i don't think the OP was trolling, but just speaking an oppinion. if the system is flawed, don't blame a few folks for exploiting it. you can't tell fat-ass-bob that he can't have any more steak at the all-u-can-eat steak buffet just because he's had 5 alredy (unless there's a stated limit).

    9. Re:Opt-in for all email... by wmspringer · · Score: 1

      If you're not sending the message (or slight variations on it) to more than one person, it's probably not spam.

      I can't think of a case where I'd get a legitimate email (except from a mailing list) that goes out to more than 30 people.

    10. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      I think that the problem needs to be tackled from a technical standpoint, rather than a legal one.

      I don't think a purely technical or a purely legal solution will work. A solution needs to connect the technical and the legal in a way which works together. Something built on contractual law would probably make the most sense.

      Take a look at at the global monetary system, for example. There are many technical pieces, credit card numbers, checking account numbers, PINs, etc. But each of them is backed up by the legal system. Even cash itself originated as nothing more than a transferrable contract convertible to some other form by the bearer upon demand.

      The analogy is far from perfect, but I fully believe that spam can be solved through technical means combined with contractual law. But it's going to take a long time, and there will be a lot of failed attempts.

    11. Re:Opt-in for all email... by TyrranzzX · · Score: 4, Interesting

      Our current e-mail system isn't flawed. It does it's job nicely; sending and receiving electronic e-mail. The problem is that it does this too well and without prejudice. So one or two assmunchers can fudge the entire thing up by abusing it.

      The protocol can be changed, but at the end of the day I think we'll find e-mail has the same flaws as snailmail. This is why we call it an arms race; 2 sides continueously getting a bigger gun until one eventually blows the other out of the water and wins.

      I may have to wade through 50 fucking advertisements from goddamn marketers, and lord knows those aren't minutes of time I'll get back and if I could get my hands on these scum I'd drop the hammer in a second. But at the end of the day, at least I get my e-mail unhindred, unfiltered, uncensored, and most importantly, unread. If I weren't so lazy, I'd setup mozilla's e-mail proggie with a bayesian filter or something else. There ARE ways to conquer advertisers, and the people already have weapons like the ones I mentioned to combat it that are far more powerful than the advertisers can think up.

      My only worry at this point is how the US goverment is going to fsck up our free speech rights on the net. We've already got things like carnavore and echelon that are probably being used, I'v got a poster on my wall showing most traffic going through alternet and I know there's proof of the goverment putting taps on major lines. *gets shady eyed*

    12. Re:Opt-in for all email... by jonhuang · · Score: 2, Insightful

      To get around this "problem", most spam mailers actually DO send one mail per person.. they just do it a few million times.

    13. Re:Opt-in for all email... by YrWrstNtmr · · Score: 1

      ...except from a mailing list...

      Exactly.

    14. Re:Opt-in for all email... by wmspringer · · Score: 1

      So it's one at a time; the same email is still going out to millions of addresses. Therefore, it is spam.

    15. Re:Opt-in for all email... by Anonymous Coward · · Score: 1, Informative

      It's not an issue with a properly designed whitelist system like tmda. If they're not on the whitelist they get a confirm message. If they respond to the confirm message, they get on the whitelist and the message is delivered. There's no danger a genuine person who really wants to get a message to you won't be able to, unlike RBLs where there is a danger of legit email not making it through.

    16. Re:Opt-in for all email... by Azghoul · · Score: 1

      I think it'd be pretty darn easy to setup an Opt-In for your private, no-spam address, and leave a regular address out there linked to your webmaster@wherever.com href...

      Maybe once a week you go check that address out to see if anything interesting came through.

      Is it really that hard to check mail in more than one place? Probably is, I guess. Bah, fuck the average moron user. :)

    17. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      you still haven't explained how your mailserver is going to be able to tell the difference...

    18. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Opt-in is a lousy idea. Don't you want to be able to receive legitimate e-mail from people you haven't met yet?

      Not really. If people who haven't met me yet want to tell me something there are better methods than e-mail which provide protection against spam. Automated messages and personal messages shouldn't be carried on the same system.

      I'd set my email address as opt-in only if it wasn't for the fact that so many places give me no other choice. Slashdot forces me to confirm my email address. Discover cards wants my email address. Wachovia needs my email address. For the latter two I can't even use Mailinator, as then someone could steal all my money from me. And besides, they insist on sending me crap that I'm supposed to keep rather than giving me a standard API into their systems. It's a big mess.

    19. Re:Opt-in for all email... by wmspringer · · Score: 1

      And if I'm on a mailing list, either I opted in (which is what's required for me to legally get it, if we require opt-in) or I didn't opt in, in which case it's spam and I shouldn't be getting it because I didn't opt in.

      So no exception for mailing lists needs to be made.

    20. Re:Opt-in for all email... by mark_lybarger · · Score: 1

      doh, that s/b "5 years ago, we were all using telnet..."

    21. Re:Opt-in for all email... by Kojacked · · Score: 2, Insightful

      I don't see the issue with distinguishing spam from non-spam. It's all about quantity. Shimmer, in your examples it was a one-to-one corresepondence of email. Spam is about quantity not just context. If someone sent 30 million people the same or similar email then that is spam. It's the lack of clarity that people bring to these 'debates' that allow politicians to keep doing what they are doing rather than just use common sense.

    22. Re:Opt-in for all email... by wmspringer · · Score: 1

      But we're not talking about technological solutions, we're talking about legal solutions. The original post said that all spam should be opt-in, then the post I replied to said that wouldn't work.

      If the law was enacted as suggested, spam would be illegal but it wouldn't affect legitimate email. That doesn't mean the spam is going to stop, but it wouldn't anyway; it just means that all spam (since I won't opt in to anything I would consider spam) is now illegal.

    23. Re:Opt-in for all email... by Grizzlysmit · · Score: 1
      I think it'd be pretty darn easy to setup an Opt-In for your private, no-spam address, and leave a regular address out there linked to your webmaster@wherever.com href...

      Maybe once a week you go check that address out to see if anything interesting came through.

      Is it really that hard to check mail in more than one place? Probably is, I guess. Bah, fuck the average moron user. :)

      Not a problem with a decent email client, Mozilla, Balsa, Kmail, ..... just hook them all up, don't most mail clients support multiple email servers/accounts now??
      --
      in my life God comes first.... but Linux is pretty high after that :-D
      Francis Smit
    24. Re:Opt-in for all email... by amnesty · · Score: 2, Insightful

      Agreed.

      It makes that email address on your resume pretty worthless quick...

    25. Re:Opt-in for all email... by RedHat+Rocky · · Score: 3, Insightful

      Oh, I suppose the United States should have shelved the whole of idea of a free nation and just stayed an English Colony?

      Please pull your head out of the sand. Thoughtful, coordinated change is good. There is certainly room in SMTP for improvement, all we need do is reach a consensus on what to do and then get it done. There are several proposals in the works, such as SPF, MS DNS records (or RMX), which all do the same thing: provide a way for a single domain to say "My mail is sent from such and such IP". An excellent idea, fairly easy to implement and solves the real problem: fraudulent mail headers.

      --
      Anything is possible given time and money.
    26. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      There's no danger a genuine person who really wants to get a message to you won't be able to, unlike RBLs where there is a danger of legit email not making it through.

      Sure, if you don't consider mailing list traffic, password change notifications, slashdot signup messages, or credit card and bank statements to bee legitimate. Not to mention people who don't respond to the confirm message, or respond to it to late. And if TMDA ever became popular, the spammers would just automatically send the confirmation replies.

    27. Re:Opt-in for all email... by pbox · · Score: 2, Insightful

      To just change the email system around isn't feasable.

      1. New RFC
      2. Mozilla Mail
      3. Microsoft Outlook and OE
      4. Rest follows...

      If 3. can be achieved, the rest is trivial. 6-10 months all it would take. Email can be kept for the mean time...

      This is far cry from infeasible...

      --
      Code poet, espresso fiend, starter upper.
    28. Re:Opt-in for all email... by phorm · · Score: 2, Informative

      The sheer thinking of a WORLDWIDE change to the entire email system is actually quite propsterous.

      No, it's not. Thinking of an immediate change is unfeasible. Thinking of a change over a period of time (new clients send using a new SMTP revision) is not at all difficult to imagine, somebody just has to start that ball rolling.

      All it really requires to differentiate is a call and reply after the EHLO/HELO similar to:
      SUPPORT2
      Server supports SMTP 2.0

      Continue with the old way for outdated mail servers (if you get an ERR), negotiate send more with a more secure email protocol for new ones.

    29. Re:Opt-in for all email... by oldmacdonald · · Score: 1

      That's not a solution--If you lose the one legitimate email in the 900 spams you get during the week to the public address then you're back to the same problem we have now, or one very much like it.

    30. Re:Opt-in for all email... by Shimmer · · Score: 2, Interesting

      Does SMTP provide a reliable way for a single recipient to determine the total number of recipients? I don't think it does, but I'm not an expert.

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    31. Re:Opt-in for all email... by pyros · · Score: 0, Redundant
      If someone sent 30 million people the same or similar email then that is spam

      I don't remember the last time I received spam with more than 1 recipient. So how would my filter (be it at the client or server level) know the difference based on that?

    32. Re:Opt-in for all email... by Shimmer · · Score: 1

      If people who haven't met me yet want to tell me something there are better methods than e-mail which provide protection against spam.

      Such as?

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    33. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      Insightful? Some mods are on crack (surprise, surprise)

      How many were using e-mail in 1965?

      How many are using e-mail now?

    34. Re:Opt-in for all email... by Theatetus · · Score: 1
      And if TMDA ever became popular, the spammers would just automatically send the confirmation replies.

      I'm really not worried about bulk emailers who have and use real email addresses. But when they're sending spam from "xxlksjdflkj@yahoo.com" or some other nonexistant/forged address, they'll never get whatever credential is included in the confirmation request.

      --
      All's true that is mistrusted
    35. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      You just did it.

      Feedback forms on a web page are another method.

    36. Re:Opt-in for all email... by jargoone · · Score: 1

      Even if you did mean we only telnet inside a corporate network these days, you'd be wrong if you were in my corporate network. There's no reason, and I won't allow it. I suspect I'm not alone.

    37. Re:Opt-in for all email... by wyseguy · · Score: 1

      Agreed. Another federal law won't accomplish anything productive. Changing the protocol might, but only for a short time. The real problem is that Spamming is profitable. If you want to get rich, you can make quite a bit of money Spamming the world hocking worthless merchandise. Opt-in won't work, for several reasons mentioned above. We need to hit the spammers where it hurts them the most...their pocketbooks. Like all industries, it will exist until there is no profit to be made. Once again, our elected officials (and not just Bush this time) have tried to demonstrate their relevance by passing a law doomed to failure (they'll never learn). Rather than pass a law, stop buying things from these bottom feeders of the internet (perhaps that would be better directed to non-Slashdot readers).

      As always, however, it will be the lawyers that will benefit from this law. When they can find a way to twist the wording of this law around and drum up a few witless clients, the lawyers will make a killing in legal fees. Free speech will be the first to go, turned into a priviledge of those who are wealthy enough to battle it out all the way to the supreme court. One is left to wonder which of our freedoms will be left when the politicans and lawyers get finished. Quite possibly the "freedom to peaceably assemble" (I don't see how spam effects that).

      --
      Never attribute to malice that which can be adequately explained by stupidity.
    38. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      I'm really not worried about bulk emailers who have and use real email addresses.

      Why not?

      But when they're sending spam from "xxlksjdflkj@yahoo.com" or some other nonexistant/forged address, they'll never get whatever credential is included in the confirmation request.

      Yeah instead poor "xxlksjdflkj@yahoo.com" will. Another problem I have with TMDA. It allows a distributed DOS attack.

    39. Re:Opt-in for all email... by ryanvm · · Score: 1

      I was going to email you and tell you your idea sucked, but since I wasn't on your list it bounced. ;)

    40. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      That's why they created the "White list" system. IMHO, this is really the ONLY way to deal with spam. This is getting more and more use these days.

      Of course filtering at the client level is not going to reduce the bandwidth.

    41. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      "When a prominent spammer is quoted as saying this 'anti'-spam legislation "makes my day", you KNOW it's a bad law!"

      Do politicians think that they know everything? If every anti spam agency says it is a bad idea, it's probably a bad idea. They are the experts after all.

    42. Re:Opt-in for all email... by Shimmer · · Score: 1

      So I need to run my own personal HTTP server in order to receive such messages?

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    43. Re:Opt-in for all email... by sweetooth · · Score: 1

      And how exactly do you determine that this same email has been sent? You are missing the point. The client has absolutely no way of knowing the message it just recieved was sent to 20 million other people. The server the client connects to has no way of knowing it was sent to 20 million other people unless it recieved more than one copy of the message to multiple recipients and does a comparison of every email coming through and then stores that information. The sending server could stop a message being sent to 30 million differant people if it scanned each outgoing message for its content, but spammers would never use an smtp server that did that so it would never work. There are also a multitude of issues with the server going through the body of every message it reiceves. From processing time to privacy concerns.

      All in all several people have basically asked you how you determine a message is spam and you have failed to provide even a slightly detailed response. Just, if it's sent 30 million times it must be spam. Well, how do you propose we figure that out?

    44. Re:Opt-in for all email... by quantum+bit · · Score: 1

      There are several proposals in the works, such as SPF...

      I'll take any opportunity to plug SPF :)
      I'm not directly involved with it but it's always good to see it getting attention.

    45. Re:Opt-in for all email... by pyros · · Score: 1
      So it's one at a time; the same email is still going out to millions of addresses. Therefore, it is spam.

      how do the final SMTP server and/or the client filter know it's being sent 30 million times though? The headers on the mail you received have one address in the 'To:' header: yours. The SMTP server would have to start keeping checksums of message bodies to see how many copies of it are received in a given timeframe. That's a crappy solution, and is just as easy to workaround as sedning 30 million copies to individual addresses. (You just put the address in the body using a template when sending, and the body checksum will be different). It would just keep escalating. A better solution is to add a mechanism to protect against forged headers. Like a DNS record that receiving SMTP servers can use to verify the IP the email was sent from is a valid IP for mail from the domain in the headers.

    46. Re:Opt-in for all email... by Theatetus · · Score: 2, Insightful
      Why not?

      Well, for one because (legal) bulk emailing is a large part of what I do for a living. If someone is wrongly on one of our lists it's very easy for them to contact us and resolve the problem (happens about once a month, usually).

      Besides the self interest, I'm not worried about someone with a verifiable online contact point (like a real email address) because that's a way we can get at that person if he or she breaks the law.

      Yeah instead poor "xxlksjdflkj@yahoo.com" will. Another problem I have with TMDA. It allows a distributed DOS attack.

      Yeah, that is the big problem with whitelist confirm messages. I was just pointing out that it wouldn't be hard to keep spammers with fake reply-to's from auto-confirming whitelist verifications.

      --
      All's true that is mistrusted
    47. Re:Opt-in for all email... by Azghoul · · Score: 1

      How is that the same problem we have now, or anything even close to it?

      99% of my mail comes from people I know and that I've set to "accept". The 1 in 900 chance is pretty freaking low and I'd certainly accept a lot higher than that as a solution.

      Or shit, on your "blocked" account, set up a challenge-response system, and when they respond correctly, that server can auto-forward it to my "accept" account.

    48. Re:Opt-in for all email... by sqlrob · · Score: 1

      So, is your business converted to IPV6 yet? If not, why not?

    49. Re:Opt-in for all email... by wmspringer · · Score: 1

      Suppose it's opt-out instead of opt-in. How do you determine if it's spam then?

      Are you really failing to get my point? If the same message is going to 30 million people, it's spam. Can I prove that it went to 30 million people? Not without going to some effort, but that's not what I'm trying to do. I'm providing a simple definition of spam.

      Backing up: the start of the debate was when shakamojo said we should have opt-in for email and Shimmer said that it's a lousy idea because you still want to be able to get email from people you've never met. I pointed out that it works just fine if you restrict it to mass emails. Does that give you a way to filter out the spam? No. But neither does the opt-out. Either way, spammers can (and will) ignore the law. All I'm saying is that, LEGALLY, required opt-in for messages meeting the above condition (going to more than X people) wouldn't affect anybody who isn't spamming.

      So far the responses have been that we can't use this to block spam, but that was never the point; the point was to make spam illegal without affecting legitimate email. The fact that you can disguise the number of messages sent out by sending them one at time doesn't change the total number.

      Now, if you want a technological solution to spam (as your message implies) then I don't have one. I'm only saying that this way doesn't hurt legitimate email, as Shimmer's post said.

    50. Re:Opt-in for all email... by wmspringer · · Score: 1

      See my response to sweetooth; I'm not claiming this will do anything whatsoever about spam. I'm disputing Shimmer's post saying that opt-in would block legitimate email. I think it's safe to say that everyone here knows stopping spam will require a technilogical solution, not a political one.

    51. Re:Opt-in for all email... by firewood · · Score: 1
      one of the best solutions (or actually work-arounds) for the current protocol is obvious, and already being used by several major ISPs... opt-in for ALL email.

      This only works if email headers can't be forged so easily. If they can, then spammers will merely start collecting email address-pairs, addresses (stolen by malware/spyware, or from mailing-lists, school, work or professional directories, etc.) of people who are likely to have whitelisted each other, and then forging the From address to be someone likely to be on your opt-in/whitelist.

    52. Re:Opt-in for all email... by jsebrech · · Score: 1

      A better system is to make the sender do the optin. When you send someone running such a system an email, you get an automated reply saying you're not on the approved list yet, and to reply to get added to it (so your mail only goes through to the inbox if you reply). Any spammers that reply you can still manually add to a blacklist. Although, to be honest, I doubt spammers would reply automatically, because they would be paying the bandwidth for receiving all the confirmation mails, and as a result spam would become uneconomical.

      For an example implementation, take a look at ASK.

      Note that you would need to reply only once to from then on be able to send mail normally to a person running this, so it wouldn't add large barriers to email traffic, while at the same time dramatically cutting spam volumes.

      One catch here is that mailing lists would need to be added to the whitelist manually. But on the other hand, mailing lists are dying anyway in the wake of the rss revolution.

    53. Re:Opt-in for all email... by ajs · · Score: 2, Interesting

      I want to get email that someone sends me, even if I don't know them and even if my mail system might (for whatever reason) not be able to reach them to confirm the message. If that is not possible, I can think of a handful of cases where I would have been personally set back in terms of money or job opportunities.

      Mail as it exists today has all of the components for developing a reputation based infrastructure, but so far, the pain of spam has not been sufficient to make everyone get behind the move to such a system.

      SMTP, the protocol used to transfer electronic mail, has extensions (which every major mail server software package supports) to send and recieve mail in a digitally signed way. As long as we exclude non-signed mail, a simple reputation system does the rest. You can even have a sophisticated reputation system if you like (aging certs, basing reputation on who signed your cert, etc).

      So why don't we do this? Inertia. spam is annoying, but so far, not SO annoying that the many thousands of schools, businesses and savvy home users that run mail servers are willing to Throw away mis-configured mailers (that have no certs or that don't default to signing their transmissions).

      If we did that, there would be 1000 software and hardware-based reputation-based filters out there tomorrow that would END spam overnight.

    54. Re:Opt-in for all email... by TGK · · Score: 1

      This would probably require an pretty decent upgrade to a lot of mail servers... but...

      Keep a hash value on the server of the last, say, 10,000 messages sent. If the message you're sending comes within a specific degree of tolerance of one of the backlog messages your message is tagged and held for human review. If the message is deamed to be spam appropriate legal steps are taken.

      Obviously this would result is a shitload of work for mail admins at first (though most of it could be taken care of en masse). In the long run it might make a difference.

      Hardware constraints are the real problem right now.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    55. Re:Opt-in for all email... by Prep · · Score: 1
      If I weren't so lazy, I'd setup mozilla's e-mail proggie with a bayesian filter or something else. There ARE ways to conquer advertisers, and the people already have weapons like the ones I mentioned to combat it that are far more powerful than the advertisers can think up.


      Sure, on the individual level, I can set up bayesian filtering to throw away junk that I don't want to read, or opt to just deal with it and honestly only waste 5 or 10 minutes a day. But that's not where the true "waste" exists. The real waste is when the email server I admin jumps from an average of 30K emails a day to 130K over a two month period. The liscense we have with the vendor who provides us our MTA software charges us not per user, but per email delivered. You can see my problem here. We're literally paying for crap. This is the part of the equation where a good Linux user should shout "why not use open source MTA's?" (which is certainly not a new idea around here). We face other problems with that like: support contracts, admin re-training, hardware shifts, etc., all of which involve $$$ which makes open source not quite as free as the penny-pinchers would like. Moreover, I'm having to spend a huge amount of time and money installing and maintaining bayesian filtering on the email server itself in a futile attempt to battle the spam.

      It may only cost an end user a few minutes, but it can easily cost an organization tens of thousands of dollars. That's my beef with the "is it really that big of a problem?" argument.
      --
      This comment was not generated by Uber Elephants...
    56. Re:Opt-in for all email... by sweetooth · · Score: 1

      Shakamojo is using the term opt-in to refer to a white listing system where all messages are refused unless the sender is on the white list. In this case you would approve or deny unknown senders before the message hits your inbox. Rejected senders would be refused in the future. Now, for this opt-in system it doesn't matter if the message is spam or not (using your definition of spam) as all messages have thier senders checked against the white list. You then have to approve the message regardless of it being sent to one person or 30 million people. This is akin to marking every message as spam from the get go. This is what I believe Shimmer was calling a "lousy idea."

      Now, making spam (using your definition) illegal to send to people that haven't opted in is fine in the legal sense as we then have action we can take against spammers that don't follow the rules. However it's not dealing with the points that were made in the first two comments. Shakamojos description does effect legitimate email while not really affecting spam. You still have to approve or reject messages which is hardly differant than sorting them out of your inbox or sifting through a junk mail filter.

    57. Re:Opt-in for all email... by jafac · · Score: 1

      To just change the email system around isn't feasable. The sheer thinking of a WORLDWIDE change to the entire email system is actually quite propsterous.

      How is this "Interesting"?
      At one point in time, there was NO email system. So from that point to this one, everything was "changed around" worldwide. 10 years ago, we were all using DOS/Windows 3.1 - with a few academics and big businesses using Unix and Mainframes. Today, we have Linux on the desktop, a half a dozen flavors of Windows, Unix-based MacOS, etc. A LOT has changed.

      It's been said that *THE* killer app of the Internet was email - but since nobody could figure out how to make money off of it, it didn't have the impact that it could have. We're seeing areas where email is weak - and other forms have taken shape in the past 3 or so years (chat, VOIP, etc). And the REAL reason email isn't taking off is because of SPAM - which is caused by an inherent weakness in the system.

      I think the time is right - someone out there, right now, (maybe at Apple?) is dreaming up something that will solve the SPAM problem - and allow people to communicate with the best features of Chat, VOIP, and Email. It won't be email - and thus, won't suffer the limitations of email. But it will have all the convenience and utility of email. If it's going to succeed, it'll need to have a FREE (beer and Libre) server, otherwise people will keep deploying sendmail, and we'll keep suffering the indignity of SPAM.

      Most likely, people who deploy this will charge money. And sure, the service will be commoditized to death, but not as badly as email. Given the choice of having email for free, and this new "service" for say, $1/month/seat. Or bundled with ISP or a service like Mac.com. Possibly presented with an Ad-Supported free alternative (where SPAMmers PAY the service provider for access to the user's inbox). I think people will choose, over time, to migrate to the alternative.

      Wouldn't you PAY for protection from spammers? I know I pay extra money per month to skip commercials on my PVR.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    58. Re:Opt-in for all email... by nickelodeon · · Score: 2, Informative

      Usually, Opt-in systems have some sort of confirmation mechanism - if an unknown sender sends you mail, your whitelist system will send THEM an email asking them to confirm that they're a human. They'll then receive a token, keeping them in the whitelist for some predetermined amount of time.

      That means you'll get no spam, but any human can mail you.

      Seems like a pretty damn good way to go to me.

    59. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      I don't see the issue with distinguishing spam from non-spam. It's all about quantity. Shimmer, in your examples it was a one-to-one corresepondence of email.

      In a strange, Kafkaesque twist, that's exactly what CAN-SPAM re-enables for everyone living in California. I can't believe I wanted this law to pass, but it was actually better than the California spam law that was going to take effect Jan 1.

      The California law DID make it illegal to send a single business-related email, one-to-one, unsolicited to another person. The fine was $1,000 per violation. Basically, our sales reps were going to have to rely soley on telephone calls to introduce themselves and then ask permission to send an email (and, nobody ever came up with a way to prove you actually got that permission...).

      Under the now-dead California law, if I found a person's email address listed on their web site as a contact address, I still could not introduce myself and my business by email.

      So, the CAN-SPAM law sucks, but not as bad as what was going to happen to me if it had not passed.

    60. Re:Opt-in for all email... by goodbye_kitty · · Score: 1

      The sheer thinking of a WORLDWIDE change to the entire email system is actually quite propsterous.

      Seriously, if microsoft alone decides that another e-mail protocol would do the trick, then there shall be another email protocol and it will be adopted pretty quickly. This kind of market power is unfortunate i know, and MS has frustrated me many times with their loose interpretation and numerous "optimisations" of some standards. However having said that, in a purely concensus based system no dramatic changes would ever be possible, and even small changes would take aeons to be ratified (think UN and EU).

    61. Re:Opt-in for all email... by pyros · · Score: 1
      I think I get what you're saying, but you keep coming across as defending opt-in as an anti-spam solution by way of seeing how many people the email was sent to. They're unrelated, which you know.

      So far the responses have been that we can't use this to block spam, but that was never the point; the point was to make spam illegal without affecting legitimate email.

      The point of what? Opt-in systems or the new law? This thread is about opt-in systems so I'm going to apply it to that. The point of opt-in systems is the block spam. The point of the new law is to make spam illegal. The opt-in system throws the baby out with the bath water depending on the implementation. If the recipient has to mark valid senders, then he/she must either know the sender's address ahead of time or must approve them as mail is received. If the receiver hasn't approved a legitimate sender yet, than mail to the sender is rejected (thrown out with the bath water). If the receiver is using an on-demand system where approval is granted upon receipt of the mail, then the mail is quarantined where the receiver must look at it (and might throw it out with the bath water, as I have done using Yahoo's bulk mail system).

      All I'm saying is that, LEGALLY, required opt-in for messages meeting the above condition (going to more than X people) wouldn't affect anybody who isn't spamming.

      legally yes, but shakamojo presented it as, I think most of the people responding to him and you think, a technical solution. Shimmer disagreed. You responded with a post that seemed to say it was a good technical solution, because you can just filter based on the number of recipients.

      The fact that you can disguise the number of messages sent out by sending them one at time doesn't change the total number.

      that's true, but it has no relevance to an opt-in system, which filters on who sent it, not who receives it.

      So to summarize, shakamojo said opt-in good, shimmer said opt-in bad, you said use number of recipients in opt-in, we said that won't work, you said no it won't but opt-in ok legally not technically. Is that right? If so then everyone except shakamojo agrees that opt-in is not a good long-term technical solution to spam, as it means going through the list of possible spam to approve senders or just loosing potentially legitimate mail because they weren't approved before they sent it.

    62. Re:Opt-in for all email... by Cruciform · · Score: 1

      Ever buy something with a UPC code on it? The idea of putting universal codes on merchandise was preposterous a generation ago.

      Analog phone lines to digital? Crazy!

      Switching to a better mail protocol? The skies are falling!

      Make it better, make it easy for Joe user to understand, and you'd be surprised how quickly people will flock to it.

    63. Re:Opt-in for all email... by letxa2000 · · Score: 1
      I'm really not worried about bulk emailers who have and use real email addresses. But when they're sending spam from "xxlksjdflkj@yahoo.com" or some other nonexistant/forged address, they'll never get whatever credential is included in the confirmation request.

      The problem with challenge/response is if the spammers use joejob@yahoo.com and joejob@yahoo.com actually belongs to some poor guy totally unrelated to the spam, HE'S going to get thousands and thousands of challenge/response messages. So all the sudden your spam solution has caused a spam problem for joejob@yahoo.com... and any of the other hundreds of forged addresses spammers use each day.

      Challenge/response is a brain-dead solution. It increases mail traffic and every user that uses it has the potential of sending bogus challenge/response messages to hundreds of users every day just because those people were the victim of having their address forged.

      The quicker people forget about challenge/response the better. The last thing we want is everybody using it--that'd just be a perfect way for spammers to DDoS the email infrastructure.

    64. Re:Opt-in for all email... by wmspringer · · Score: 1

      Sounds like a fair summary. Sorry to be (apparently) unclear.

    65. Re:Opt-in for all email... by gnu-generation-one · · Score: 1

      "The sheer thinking of a WORLDWIDE change to the entire email system is actually quite propsterous."

      Let's just start with an X-something header... the email system was designed to be extensible.

      X-Domain-Authorisation for example. An electronic signature of the registered domain owner. No more emails appearing to be from my domain.

    66. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      No, you could use someone elses.

      Why is it you complain about running an HTTP server, but not an SMTP server?

    67. Re:Opt-in for all email... by TheZax · · Score: 1

      I propose that we do reverse lookups on mail servers. I.e. if you receive mail from biggerboobs@qwerty.com, do lookup on the MXs for qwerty.com. If the mail server is different, you know it's forged. This would make blacklisting much more effective.
      Anyway, while I'm sure there are many ways to poke holes in this, it would be a step in the right direction, and would be backward-compatible. Mail admins would just have to make sure their outgoing servers were listed as MXs.

      --

      JWall: GUI client for IPTables
    68. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Well, for one because (legal) bulk emailing is a large part of what I do for a living.

      I see, so you're a spammer.

      If someone is wrongly on one of our lists it's very easy for them to contact us and resolve the problem (happens about once a month, usually).

      And think it's fine to harass people, as long as you stop within a month of them begging you to stop.

      Besides the self interest, I'm not worried about someone with a verifiable online contact point (like a real email address) because that's a way we can get at that person if he or she breaks the law.

      No you can't. A throwaway email address on a throwaway domain name pointing to a throwaway account on a throwaway ISP located in a throwaway country(*) doesn't let you "get at a person."

      Yeah, that is the big problem with whitelist confirm messages.

      No, the big problem with whitelist confirm messages is they don't let you accept automated email. If all you want to receive is personal email then spam is fairly easy to solve already anyway.

      I was just pointing out that it wouldn't be hard to keep spammers with fake reply-to's from auto-confirming whitelist verifications.

      Wow, that's great. You can stop one small fraction of spammers for about 5 seconds until they start using real reply-to. Big fucking deal.

      (*) OK, OK, maybe you bastards don't use throwaway countries.

    69. Re:Opt-in for all email... by Tony+Hoyle · · Score: 1

      Nice idea, but it keeps changing incompatibly :(

      I had SPF records as in:

      *._smtp-client TXT "dmp=deny"
      114.99.208.213.in-addr._smtp-client TXT "dmp=allow"

      Now I go to the site and find they've *completely* changed the standard and now I need:

      nodomain.org. IN TXT "v=spf1 ip4:213.208.99.114 -all"

      TBH it isn't helping their adoption when they do things like that. Which do I support, the one that 90% of sites with mention SPF use (the first one) or the one that SPF themselves are pushing? (the second one).

    70. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      And I suppose YOU'RE still running CP/M on a 1MHz Z80? If not, why not?! :p

    71. Re:Opt-in for all email... by Tony+Hoyle · · Score: 1

      Any well configured mailer will do this anyway (look at the received headers sometime) however there are just too many servers with crapped out systems there (eg. Virgin Airlines, who have no reverse DNS at all and send from seemingly random source addresses).

      I kinda like the european position - opt-in for any commercial email - if you're selling something, you've got to ask if I'm interested first (and not via email) otherwise get lost.

    72. Re:Opt-in for all email... by whoever57 · · Score: 1
      opt-in for ALL email

      Please tell me how I set up "Opt-in" for my company's "sales@" address, and stop spam to this address with your suggestion?

      --
      The real "Libtards" are the Libertarians!
    73. Re:Opt-in for all email... by MagicMike · · Score: 1

      Oh my, did you even read his post?

      Let me see if I can give you a real life example of bulk emailing that is positive.

      Let's say that your company starts a leadership training program.

      Let's say that you can go to a website, take a leadership skills test, and if you want information on resources related to the things you need improvement on, you can sign up for updates.

      Later, a new resource is added to the site, helping you with your leadership abilities.

      You're not the only user though. 1,000 people have signed up for it. We'll send them all a quick mail with the URL.

      Gosh, that sounds so evil doesn't it?

      I'm going to refrain from ad hominem attacks and give you one VERY strong admonishment: refrain from knee-jerk reactions.

      It'll help the level of discourse.

      Now, to get on topic, I was strongly considering implementing a challenge/response system, then I realized that even if you disregard the crappy sender experience, its a crappy receiver experience for bulk mail you want. Like, say, J2EE Tech Tips from java.sun.com or bugtraq. I get a lot of things like that, and adding a new white-list entry manually whenever I subscribe would be a pain.

      I think the web-of-trust idea with a C/R fallback and a report of C/R failures that was maybe Bayesian filtered itself (to save time during review) is maybe the ideal. A big combo, basically.

    74. Re:Opt-in for all email... by TheZax · · Score: 1

      I kinda like the european position - opt-in for any commercial email - if you're selling something, you've got to ask if I'm interested first (and not via email) otherwise get lost.
      Agreed, that is how it should work, but unfortunately, many bastar^H^H^H^Hspammers are, or would be, not easily traceable, or outside your jurisdiction.
      I personally think there should be a technical solution to this, not a legal one.
      Now how do we make a technical solution work??? (preferably without breaking existing email too much).

      --

      JWall: GUI client for IPTables
    75. Re:Opt-in for all email... by Shimmer · · Score: 1

      And if, for whatever reason, the confirmation is never received, then I never see the original e-mail. This seems like a deliberate crippling of the e-mail system. There's got to be a better solution than this.

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    76. Re:Opt-in for all email... by Shimmer · · Score: 1

      I suppose I agree with you that the two types of servers are essentially interchangeable.

      But, that said, there's no reason to think that the amount of new HTTP-based spam I receive will be any less than the amount of old SMTP-based spam.

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    77. Re:Opt-in for all email... by JuggleGeek · · Score: 1
      To just change the email system around isn't feasable. The sheer thinking of a WORLDWIDE change to the entire email system is actually quite propsterous.

      You have to make due with what you have, not try to change everything around. By changing everything around, you are avoiding the old problems in lieu of ones you haven't thought about yet.

      Sure. And Man Was Never Meant To Fly. And 640K will be enough for anybody. IBM forcast at one time that there was enough market in the world for 5-10 computers.

      If you claim that email isn't going to change, that geeks armed with technology are going to just let email communications go away, that no new software is going to be written, and that spammers are going to win - then you better start posting as AC, 'cause all you are doing is trolling.

      Change will happen. I'm sorry to hear that you'll be shocked when it does.

    78. Re:Opt-in for all email... by sqlrob · · Score: 1

      The Z80 is obsolete, as is TCP/IP.

      The Z80 is not in use except possibly in embedded. Why is IPV4, which has had a successor for several years, still in use?

    79. Re:Opt-in for all email... by JuggleGeek · · Score: 1
      The guy (I assume - Meng Wong something, I think) that designed SPF claims that anyone who runs a vanity domain is "part of the spam problem". He claims that I am forging my address when I send spam using a whitis.com address.

      His plan may work fine for big companies, but if you don' thave a 24 hour connection on a static IP, you can't run your own server. And if you can't run your own server, he claims you're a forger and a spammer.

      SPF isn't going anywhere until he gets a clue.

    80. Re:Opt-in for all email... by JuggleGeek · · Score: 1
      Spam is about quantity not just context. If someone sent 30 million people the same or similar email then that is spam.

      So you claim that the emails that SlashDot sends telling me about the new stories they've published is spam, because the sent it to a lot of other people? Nonsense.

      You claim that when NYTimes sends me their daily news update, it's spam? Nonsense.

      Now if they sent it to the same number of people, but those people had *not* asked for it, then it would certainly be spam. But if 30 million people ask for it, sending it to them doesn't make it spam.

    81. Re:Opt-in for all email... by darqchild · · Score: 1

      i heard once of a solution that would have been easy to implement. I believe the idea was to make the mail server wait one or two seconds after recieving a connection before it accepted the mail.

      The idea being that a legitimate email would take 2 seconds longer to send, but spam would be pointless to send because a 30000000+ recipient message would take *years*, making the transmission cost ineffective

      it seems like a good idea. hell, if hotmail and yahoo alone implemented this, we would see a dramatic reduction in spam, as the market slowly died

      --
      What? Me? Worry?
    82. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Nothing like one spammer defending another one.

    83. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      But, that said, there's no reason to think that the amount of new HTTP-based spam I receive will be any less than the amount of old SMTP-based spam.

      Yes there is. Bots can't handle navigating websites and filling out feedback forms very well.

    84. Re:Opt-in for all email... by oldmacdonald · · Score: 1

      It's the same problem we have now because it's already simple to filter your mail into whitelisted stuff from known senders and the rest. Having two accounts doesn't really change this at all. Same thing for the challenge-response system--it might as well be on your mail account to begin with.

    85. Re:Opt-in for all email... by Kojacked · · Score: 1

      When a telemarketer calls you how do you know he/she is not someone who is really looking out for your best interest? How do you know that they are calling hundreds of people a day and not just you exclusivly?

      You are trying to diminish the problem of spam by offering excuses (for the spammers?) of how it can't be stopped.

      How hard is it to imagine a reporting system where people forward their suspected spam to some government agency (FTC?), the agency tallies the reports and fines or punishes accordingly?

    86. Re:Opt-in for all email... by Kojacked · · Score: 2, Insightful

      Let me clarify...

      "If we establish opt-in for all e-mail we throw out the baby with the bathwater."

      Now how is that? I am talking about business communication here, advertising, not personal communication.

      Opt-in is not a white list. What you describe is more of the latter. We certainly don't need is any pre-emtive technology that deletes email because it's not on our personal white list. That just doesn't work and will break email.

      What we need are enforcable laws and a system to support it. Opt-out just isn't a viable solution because it is so hard to prove. You opt-out of a list and the spammer sells your validated email address (plus anything else he/she gleaned in the op-out process) to another list or they use your information on another list they manage under another name.

      Opt-in puts the burden of proof on the spammer and/or advertiser. Upon complaint by the individual they must prove they had a right to use that individual's email (ISP, software, hardware) for delivery of their advertisement.

      Now if you start splitting hairs on how you descern an advertisement from a regular email I can only believe you are a spammer and wasting everyone's time by mudding this issue.

    87. Re:Opt-in for all email... by Kojacked · · Score: 1

      Ok you got me. I wasn't clear enough in that sentence. I guess I got caught up in the non-sense debate on how to distingush spam from non-spam. Yes, I agree 30 million + no concent = spam.

    88. Re:Opt-in for all email... by MagicMike · · Score: 1


      I hesitate to reply, because its obviously hopeless, but I've got to say, I'm either missing some intended humor on your part, or you're simply not being rational.

      And this is the point where I cease trying to explain myself and let you troll along by yourself...

    89. Re:Opt-in for all email... by xenobyte · · Score: 1

      There's nothing wrong with good old SMTP!

      If spamming is profitable, a simple law banning UCE (both sending it and using it) featuring huge rewards taken out of caught spammers' funds for capturing them (dead or alive?) will quickly kill off all spamming (and the spammers themselves?). They'll be outlaws hunted by billions of greedy people who want a share of their money, and they won't last long that way. It's easy, simple and efficient.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    90. Re:Opt-in for all email... by danielsfca2 · · Score: 1

      I like all your ideas. Your first Mac OS comment made me think of this:
      About five years ago there was surely a group of people at Apple who said "The sheer thinking of a SYSTEMWIDE change to the entire operating system is actually quite propsterous" at the thought of migrating to a BSD kernel. Those people are now either laughing at that statement in retrospect or working somewhere else.

      The same argument probably happened at Microsoft sometime (maybe 1999) when someone suggested dragging everyone's sorry ass over to the NT kernel and knifing the Windows 95 platform for good.

      Big changes are the hardest, duh. But they're also the ones that accomplish the most. Copernicus, the American Revolution, etc.

    91. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Neither, actually.

    92. Re:Opt-in for all email... by nchip · · Score: 1

      -snip-
      A incorrect implication of the effect of SPF and vanity domains
      -snip-

      If you own your own domain, YOU can add to YOUR whitis.com zone as many IP:s/nets as you want that are allowed to send mail claiming to be from whitis.com. Or if you are feeling lucky and think that nobody evil will send spam coming from whitis.com - Just don't add the records. SPF (and the others) are about giving the POSSIBILITY of limiting which IP's can send mail in a domains name.

      NOTHING in SPF or the other suggestions imply you need a static IP or your own server, or any of the other crack you are smoking in your posting.

      It You who aren't going anywhere until you get a clue.

      --
      signatures pending - ansa@kos.to - (dont mail there)
    93. Re:Opt-in for all email... by mark_lybarger · · Score: 1

      you might not be alone, but there's still lots of servers inside a corporate network that are running telnet. telnet clients are more common than ssh clients. that's about the only reason i can think of to have it.

    94. Re:Opt-in for all email... by Azghoul · · Score: 1

      Fair enough. Perhaps then it's just an implementation problem, and not the world-wide scourge people are making it out to be? :)

    95. Re:Opt-in for all email... by Anonymous Coward · · Score: 0

      that is the worst fucking solution ever. you must be joking.

    96. Re:Opt-in for all email... by JuggleGeek · · Score: 1
      In a previous slashdot post, I quoted from their FAQ page. You'll find it here.

      You may want to read the whole post, but here is the quote that I took off of his FAQ page.

      Vanity domain owners who are unwilling to accommodate the requirements of SPF are, in a way, due to their principled inertia, part of the spam problem. What is greater: the pain of everyone who is presently flooded with spam, or the pain of the vanity domain owners who will no longer be able to forge their own address?
      Those aren't my words, they are his.

      I'd love a way to get rid of the spam - I'm getting 500 or so a day. I'd love a way to keep spammers from forging my domain - that's happened several times, and over the last week I've gotten over 300 bounces from an overseas, foreign language (chinese?) pr0n site which has been spamming using my domain.

      According to Meng Weng Wong, I'm forging my own address. Bullshit.

      I joined that SPF-Announce email list on 7/15/03. I've received two mails since then. One on 12/11/03 saying that they had created a SPF-Developers list. One on 12/16/03 which mentioned this thread on slashdot. I wrote to him then asking if he was still claiming that I'm forging my own domain and that I'm part of the problem. No response so far - but that was just yesterday, so it's too early to call.

      Scream and whine about "smoking crack, get a clue" if you want. I don't claim to understand his system, and I'm not an admin - but I know what he posted on his site about what it would do to vanity domains.

    97. Re:Opt-in for all email... by M.+Silver · · Score: 1

      Really?

      There's an astonishing amount of spam anytime anyone's got an open guestbook or blog comment system. I can't imagine it's all being entered manually.

      --

      Slashdot's token middle-aged housewife
    98. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      I wouldn't say any time at all. A few really huge guestbooks or blogs get some automated spam, but the vast majority don't get any. And that's without even putting anything in place to try to stop it.

    99. Re:Opt-in for all email... by M.+Silver · · Score: 1

      That's also without any major incentive for the spammers to try to get in. If web forms become the standard, that's where the spammers will hit.

      In other words, it's a way for a few people to avoid getting spam, but once everybody starts it, it won't work.

      --

      Slashdot's token middle-aged housewife
    100. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      That's also without any major incentive for the spammers to try to get in.

      I don't see how the incentive is any different than it is now.

      If web forms become the standard, that's where the spammers will hit.

      The whole point is that web forms are not standard. Also, they are interactive (unlike email, which can take long periods of time between a request and response, and people generally don't check for a response right away anyway). So CAPTCHA systems are available.

      In any case, feedback forms are only a single solution out of many. It's useful for those messages you want to receive which are related to something you've put on the web already anyway. You only asked for an example (and I gave you two). Friendster's messaging system would be another one, which is useful in a different situation.

      The problem is that email and instant messaging are basically the only push-based protocols available, email has absolutely no authentication built in, and instant messaging isn't being used by many automated senders. Even building authentication on top of email, and getting the damn websites (Slashdot, eBay, Citibank, etc.) to use it would solve the problem.

    101. Re:Opt-in for all email... by M.+Silver · · Score: 1

      I don't see how the incentive is any different than it is now.

      Right now spam email is cheap and easy, and people read email. If everyone abandons email for web forms, so will spammers.

      I think we're approaching it from two different perspectives: you're looking at a personal solution, and I'm looking at a permanent, works-for-everyone-on-the-net solution.

      You only asked for an example (and I gave you two).

      Actually, I didn't ask for any examples at all.

      Even building authentication on top of email, and getting the damn websites (Slashdot, eBay, Citibank, etc.) to use it would solve the problem.

      Agreed.

      I'm somewhat amused by, say, AOL's "inability" to solve the problem this way. They're big enough, and (perhaps most importantly) have the biggest subscribership of nontechnical users, to ramrod an authenticated email "standard" through. They've got a captive audience software-wise, so they could have a client that handles standard email and authenticated email simultaneously (and transparently, for outbound stuff). And all of a sudden if everybody's grandmother started saying "Why is your mail always marked 'Unauthenticated'?" then non-AOL clients might start supporting it.

      On the other hand, maybe AOL (etc.) has a disincentive to actually fix the problem, however much noise they might make about it.

      --

      Slashdot's token middle-aged housewife
    102. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Right now spam email is cheap and easy, and people read email. If everyone abandons email for web forms, so will spammers.

      But web forms aren't standardized like email is. With email you have an email address, and if you change it you have to tell everyone who is using it. With web forms you can easily set up traps which no human would fall for but spam bots would. Plus web forms are interactive. You can use CAPTCHA to ensure that the person sending the message is a human. Sure, it might be spam, but manually sent spam isn't going to be profitable enough to be widespread.

      I think we're approaching it from two different perspectives: you're looking at a personal solution, and I'm looking at a permanent, works-for-everyone-on-the-net solution.

      I'm also looking at a permanent solution. Maybe you need to better define the problem, and then tell me what your solution is.

      Actually, I didn't ask for any examples at all.

      Right, right, that was someone else. Your only argument seems to be that sending spam to feedback forms is easy. I think it clearly isn't, as I explained above.

      They've got a captive audience software-wise, so they could have a client that handles standard email and authenticated email simultaneously (and transparently, for outbound stuff). And all of a sudden if everybody's grandmother started saying "Why is your mail always marked 'Unauthenticated'?" then non-AOL clients might start supporting it.

      I doubt the grandmother would mention it at all, since 90-99% of her email would similarly be marked "unauthenticated."

      On the other hand, maybe AOL (etc.) has a disincentive to actually fix the problem, however much noise they might make about it.

      Well, I don't know about a disincentive, but I certainly don't see any incentive. If they could fix spam for themselves, but not for others, it'd be great, but if they just fix spam for everyone it's not going to help them any. Even to the extent that their costs would go down, so would everyone elses, so prices would have to fall accordingly.

    103. Re:Opt-in for all email... by M.+Silver · · Score: 1

      But web forms aren't standardized like email is.

      Not quite, but there are still a lot of them out there. Try keying a few spam sites into Google; eventually you'll find one that's been form-spamming. You'll get hundreds of hits that, you can tell from the URLs, all use the same guestbook or blog software.

      If web forms become the standard for receiving "mail," you'll see the vast majority of people using the same software, and this'll be just as frequent.

      You can use CAPTCHA to ensure that the person sending the message is a human.

      And this'll be about as popular as any other manual challenge-response system, which is to say "not at all."

      I'm also looking at a permanent solution. Maybe you need to better define the problem, and then tell me what your solution is.

      Heh. If I had a solution, we wouldn't have any more spam.

      I doubt the grandmother would mention it at all, since 90-99% of her email would similarly be marked "unauthenticated."

      Not at all... all her other AOL friends would be authenticated, for starters. Grandma's going to be asking why, if her AOL is such a lousy service, *your* service can't authenticate you. And as long as they're not imposing onerous requirements to get authenticated, your service probably could.

      Even to the extent that their costs would go down, so would everyone elses, so prices would have to fall accordingly.

      Just like the price of CDs fell as duplicating became cheaper?

      --

      Slashdot's token middle-aged housewife
    104. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      If web forms become the standard for receiving "mail," you'll see the vast majority of people using the same software, and this'll be just as frequent.

      I doubt it, but if so then I guess I won't get any spam, cause I'll use different software.

      And this'll be about as popular as any other manual challenge-response system, which is to say "not at all."

      This is much easier than an email challenge/response system.

      Not at all... all her other AOL friends would be authenticated, for starters.

      The people I know who use AOL are a very small percentage of my friends. My mom used to use it, and a very small percentage of the people she talked to at the time used it. Furthermore, most e-mail people receive isn't personal anyway. I think my 90-99% figure is quite accurate.

      Grandma's going to be asking why, if her AOL is such a lousy service, *your* service can't authenticate you.

      Because my service isn't AOL. Grandma may not be technical, but she's not stupid. It'll be quite obvious that "authenticated" means the same thing as "AOL User".

      And as long as they're not imposing onerous requirements to get authenticated, your service probably could.

      Yeah, but as long as you're not imposing onerous requirements, it's useless. I could just as well use the From: address for authentication. Authentication is only useful if it's ubiquitous, and AOL doesn't have anywhere near enough power to make it ubiquitous.

      Just like the price of CDs fell as duplicating became cheaper?

      CDs are a monopoly. Internet access (especially dialup internet access) is not.

    105. Re:Opt-in for all email... by M.+Silver · · Score: 1

      I doubt it, but if so then I guess I won't get any spam, cause I'll use different software.

      It's *always* possible to eliminate spam by destandardizing everything. But that eliminates any chance of automation for legitimate users.

      This is much easier than an email challenge/response system.

      Not in the slightest... email CR systems can be automated. Make it the least bit computationally expensive to do so, and it eliminates bulk mail's efficiency. I'm not sure that's the solution, mind, but it's got possibilities.

      The people I know who use AOL are a very small percentage of my friends.

      Yes, but you represent a very small percentage of the world. Like I said, it just has to get a foothold.

      It'll be quite obvious that "authenticated" means the same thing as "AOL User".

      Getting past that bit would be the hard part, yes. But throw AOL, Earthlink, and a couple other popular-with-nontechies services together and you might have something. I don't think it's insurmountable.

      Yeah, but as long as you're not imposing onerous requirements, it's useless.

      Depends on the value of "onerous." If it means "you have to buy an authentication service from AOL" it's probably too onerous for legit sites, not onerous enough for spammers. I'm not sure what you *would* use as a requirement (if I was, I'd be writing the RFCs already).

      --

      Slashdot's token middle-aged housewife
    106. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      It's *always* possible to eliminate spam by destandardizing everything. But that eliminates any chance of automation for legitimate users.

      LOL. That's exactly my point. "If people who haven't met me yet want to tell me something there are better methods than e-mail which provide protection against spam. Automated messages and personal messages shouldn't be carried on the same system."

      Not in the slightest... email CR systems can be automated.

      Sure, but then it's not really email any more. It's a new system built on top of email. If you want to rebuild a new system from scratch, sure, you can do so. But why build it on top of email, then?

      But throw AOL, Earthlink, and a couple other popular-with-nontechies services together and you might have something. I don't think it's insurmountable.

      I never said it was. I was challenging your statement that AOL is "big enough, and (perhaps most importantly) have the biggest subscribership of nontechnical users, to ramrod an authenticated email "standard" through." They don't. Not even close. AOL users represent a tiny fraction of email users.

      Depends on the value of "onerous."

      What is something which isn't "onerous" which AOL could do and still gain from this?

      I'm not sure what you *would* use as a requirement (if I was, I'd be writing the RFCs already).

      Authentication of email is really simple. There are a vast number of solutions. Perhaps that's part of the problem, because you've got to get the vast majority of the world to agree on a single one of those solutions.

    107. Re:Opt-in for all email... by M.+Silver · · Score: 1

      Automated messages and personal messages shouldn't be carried on the same system.

      I didn't mean automated *messages*, I meant automation within the delivery. For instance, instead of me wasting my time presenting credentials in a challenge/response, your system queries my computer, which provides a computationally expensive response.

      Sure, but then it's not really email any more.

      Why wouldn't it be email anymore? You mean it wouldn't be SMTP-flavored email? Maybe not. But that's not a big deal.

      AOL users represent a tiny fraction of email users.

      There's no majority anywhere, but some minorities are larger than others, and probably have the largest collection of nontechnical sorts in one place.

      Getting MS to put the magic feature in Outlook would be another solution. I mean, as long as I'm talking hypothetical situations anyway.

      What is something which isn't "onerous" which AOL could do and still gain from this?

      Good question. I suspect entire Slashdot discussions have been devoted to it. I lean toward the "these IPs/domain names are authorized to send mail on behalf of this domain name" scheme, myself.

      AOL's gain, in theory, would be the reduction in unwanted traffic. I know for me as a mailing-list provider, it's darned expensive running SpamAssassin on every message. I'm down to essentially a whitelist situation... if you're not a subscriber, I silently discard the mail. This is still a problem for people who're hopping mailing lists all the time, and have forgotten to update their subscribed address before posting, but given that they can add unlimited "alternate" address (so they can post from multiple accounts without having to receive dupes), that's a loss we're pretty much forced to accept anymore.

      (I'm probably not the first one to predict it, but: pretty soon spammers will start hijacking address books so they can send spam "from" your friends. It's something we've considered in the mailing list software, which is presently nearly immune to spam because not only do you have to be a subscriber, your first message has to be manually approved. But if spammers forge mail "from" approved members, we have no way of identifying it, so we'd be back to scanning everything. But I digress.)

      Perhaps that's part of the problem, because you've got to get the vast majority of the world to agree on a single one of those solutions.

      Quite right. Back to that "If Microsoft would implement a solution in Outlook and thereby impose a de facto standard" situation again. But Microsoft has less to gain than an ISP from doing so. Other than geek goodwill, if they did it *right*. But I don't think that's worth much to them...

      --

      Slashdot's token middle-aged housewife
    108. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Back to that "If Microsoft would implement a solution in Outlook and thereby impose a de facto standard" situation again.

      Outlook already has encryption and signatures, just no one uses them.

      The rest of what you've said, I've basically already responded to. I don't see anything new here. Nice talking to you.

    109. Re:Opt-in for all email... by M.+Silver · · Score: 1

      Outlook already has encryption and signatures, just no one uses them.

      True, but they're not aggressively pushed. Until a lot of people use something, *anything*, it doesn't accomplish anything. And that's the problem... until everybody buys into it, it doesn't really work at all. If you reject all unsigned/unencrypted mail, you still have the false-positive problem. In particular, businesses don't want to risk missing customer mail, so nobody wants to use that method, or challenge/response, or basically *anything* that makes it the least bit difficult for prospective customers to send mail. Everybody wants to be the *last* to switch. Round and round it goes.

      Nice talking to you.

      Likewise.

      --

      Slashdot's token middle-aged housewife
    110. Re:Opt-in for all email... by nchip · · Score: 1

      Vanity domain owners who are unwilling to accommodate the requirements of SPF

      Where did you pick that from? My browsers search doesn't spot that string here: http://spf.pobox.com/faq.html anyway:

      I think he is referring to those who do not bother/want to proteect their vanity domains with spf records. Which only a transitional problem.

      According to Meng Weng Wong, I'm forging my own address. Bullshit.

      You said you don't understand the system - Do you know what the diffrence is between "RCPT from" and From: ?

      "RPCT from" is the record usually only seen by mailers - implicates where the mail technically came from - and is used for sending the bounce to right place. "From:" is what you see in your mailer. Now the point:

      SPF (and again, all the alternative schemes) restrict only "RCPT from".

      --
      signatures pending - ansa@kos.to - (dont mail there)
    111. Re:Opt-in for all email... by anthony_dipierro · · Score: 1

      Usually, Opt-in systems have some sort of confirmation mechanism - if an unknown sender sends you mail, your whitelist system will send THEM an email asking them to confirm that they're a human.

      And then they'll pass the confirmation request on to a human trying to get porn.

    112. Re:Opt-in for all email... by sublemon · · Score: 1

      What we need is an opt-in for servers, not individuals. If you want to set up a mail server, you have to register it with someone, and prove you aren't a spammer etc. Then I can use the white list of known good servers to decide who to accept mail from. The reverse of the current DNSBL stuff which works somewhat but has obvious limitations.

    113. Re:Opt-in for all email... by darqchild · · Score: 1

      what's so bad about it?
      making bulk mail difficult to send, with little impact to legitimate mail. all the mail server needs to do is sleep(2) after "rcpt to: address".

      are you even going to notice that your email takes 2 seconds longer to send?

      --
      What? Me? Worry?
  4. Bounty Hunters? by johnthorensen · · Score: 2, Funny

    Hm. Wonder if Boba Fett has an IMAP client in all that fancy armor... :)

    -JT

    1. Re:Bounty Hunters? by GMFTatsujin · · Score: 2, Funny

      Disintigrations! They're useful to me dead!

      Oh please oh please oh please

    2. Re:Bounty Hunters? by Anonymous Coward · · Score: 0

      OHH IMAP is a protocol.

      i could have sworn you just got the caps wrong.

      iMap the new Macintosh Mapping tool

    3. Re:Bounty Hunters? by brendan_orr · · Score: 1

      Nah, Boba utilizes his honeypot at bobafett.org.
      He read securityfocus's article about making one here: securityfocus.org/infocus/1747
      (note, I've been getting some connection problems, here is the google cached version.)

  5. For Free... by herrvinny · · Score: 3, Funny

    Hell, I'll work as a bounty hunter for free, as long as I get to bash the spammer in the head... That's my "payment" for my "work".

    1. Re:For Free... by Anonymous Coward · · Score: 0

      The enemy of you're enemy is you're friend.

      Just post the enemy's email onto usenet microsoft windows usenet group and theyre hit heavy :D

    2. Re:For Free... by Anonymous Coward · · Score: 0

      The enemy of you are enemy is you are friend?

      OH C'MON. This contraction is one of the easier ones. Get it right. I find it amazing, day after day, that people using a text-based communication medium can't be bothered to spell corrrectly.

    3. Re:For Free... by Anonymous Coward · · Score: 0
      The bounty-hunting provisions will go away very quickly once some of the FTC officials' systems get hijacked to send out spam.

      I'm certain there are a lot of people who would like to get such a bounty on government officials.

      And note well: I am NOT advocating such a scheme; I am merely pointing out something the FTC folks clearly haven't thought through.

    4. Re:For Free... by wolf- · · Score: 1

      Hear Hear!
      I have an extra bat you can borrow.

      Wait. Are we conspiring to do harm to an individual? Probably some anti-terrorism bill that violates someplace.

      I however consider spam to be a terroristic attack against my resources. Its all self defense I tell you!

      --
      ----- LoboSoft specializes in Digital Language Lab
  6. Reading the Article? by Anonymous Coward · · Score: 0

    ...which you can and probably should read for yourself.

    On Slashdot? I thought I felt a chill down here.

  7. And now we can do some real work? by Zeinfeld · · Score: 1, Insightful

    The law was necessary and inevitable. Not doing anything is not an option when the US is the second major source of criminal spam scams. Do you want the US business reputation to sink to that of Nigeria?

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
    1. Re:And now we can do some real work? by Zeinfeld · · Score: 1
      Do you want the US business reputation to sink to that of Nigeria?

      Would people please stop emailing me reminders about Enron? How the heck did you get my new email address anyway? Don't you people have a life?

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:And now we can do some real work? by Anonymous Coward · · Score: 0

      What do you mean Nigeria's business reputation isn't good? I had just agreed to a business deal with this nice Nigerian man who contacted me through my hotmail account.

    3. Re:And now we can do some real work? by Anonymous Coward · · Score: 3, Insightful

      Do you want the US business reputation to sink to that of Nigeria?

      Uh...apparently you don't read /. much. With SCO, Microsoft, Halliburton and others the question should be, "Don't you wish the US business reputation could rise to the level of Nigeria?"

    4. Re:And now we can do some real work? by Penguinshit · · Score: 1

      Hey.. that explains the Iraqi uranium connection! Saddam got an email from a Nigerian government official trying to move a few tons of yellowcake which were billed under a fraudulent invoice. For his part, Saddam got to keep 20% of the material.

      Of course, since it was a scam, Saddam got nothing. However, when Bush found out about it he agreed to deliver a few thousand pounds of the stuff (albeit in 30mm "pellets" of depleted form).

      whew.. that makes me feel so much better about recent events...

  8. Isn't a weak federal law better? by October_30th · · Score: 3, Interesting
    Isn't even a weak federal law bettern than a strong local law?

    The federal law is general - you can't escape it across the state borders?

    --
    The owls are not what they seem
    1. Re:Isn't a weak federal law better? by IANAAC · · Score: 2, Insightful

      Agreed, but don't you think that state laws (if they exist) should carry more weight over federal? That way you'd be covered (at least basically) on a federal level, yet states that want to crack down further can do so.

    2. Re:Isn't a weak federal law better? by garcia · · Score: 1

      who gives a shit if the law was federal AND written correctly? What spammer actually announces where they are really from and what spammer wouldn't immediately move out of the country if the laws actually did anything to hurt them?

    3. Re:Isn't a weak federal law better? by Shalda · · Score: 5, Interesting

      Isn't even a weak federal law bettern than a strong local law?

      No, definately not. Firstly, federal law should only ever trump state law when state boundries are crossed. A spammer that sends spam from Virginia to Virginia should still be held accountable to Virginia law on the subject. Secondly, the only provision in the new law that has any potential is the "do not spam registry". That won't stop the illegal spammers, but it will stop those that pretend to be legit (which for me is about 50% of my spam traffic.)

      All this law has done is kill the few useful state anti-spam laws that are on the books. Besides, it's hard to escape state laws by crossing state borders. Recently, North Carolina extradited 2 spammers to VA for fellony spamming charges.

      However, one area that can still be prosecuted at the state and local level is obscenity charges. If you can track down a porn spammer, who incorporates explicit images in their message, your local District Attorney can file charges. If the message was sent to a minor, that's usually a fellony. Yet, I'm amazed that no one is really persuing this that I've seen. Probably because it's a real pain to track down the source of messages sent over hacked machines.

    4. Re:Isn't a weak federal law better? by the+argonaut · · Score: 1

      I'm sure the DMA likes it better this way, since it's easier to just buy off Congress and not have to purchase 50 state legislatures.

      State power is delegated in 4 ways in the U.S. system:

      1. Delegated to Congress (initially very little, but thanks in large part to commerce power, Congress has been able to extend it pretty far)
      2. Delegated to the states (basically everything not given to the federal government and not prohibited)
      3. Shared by states and Congress
      4. Prohibited from both Congress and states (think Bill of Rights).

      If it falls under Congress's control, if Congress chooses to assert its power it overrides any state law in conflict unless Congress specifically states otherwise. For example, with the Clean Air Act Congress has forever allowed California to set higher standards, but has forbidden other states from doing so (they can choose between using the federal standards or California's, although the Republicans have been trying to change this, almost passing it this year as a rider to the barely-failed omnibus spending bill).

      --
      fuck you.
    5. Re:Isn't a weak federal law better? by Atzanteol · · Score: 1

      I think the idea here is: if it's wrong then you make a law against it. Just because other countries don't follow suit or haven't done so already, then it doesn't mean we should do nothing.

      Perhaps the U.S. will pressure other nations to pass similar laws? Perhaps other nations will pass similar laws of their own accord? Spammers could eventually find it difficult to find a nation that is 'spam friendly'.

      "The journey of a thousand miles begins with a single step." (or something like that).

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    6. Re:Isn't a weak federal law better? by igrp · · Score: 2, Interesting
      I beg to differ. In my opinion, anytime the federal government gets involved in states' affairs it's bound to screw things up one way or another. There's a reason why we have the 10th amendment.

      And enforceability isn't really the issue here either. For instance, WA state law did allow for state residents to take on out-of-state spammers.
      Alright, you can't take them to small claims court but you can still sue them in state court (cf. the Heckel case). I know it works because I've personally seen it work.

      True, collection of damages can be a bitch in cases like this but this is becoming increasingly true for all cases these days. That's why WA state law wisely also allows the Attorney General to go after spammers, at least in some cases.

      Ultimatively, there won't be a legal solution to the spam problem - at least not as long as we're sticking to our current email protocols. Spammers will, similiar to telemarketers, just rent services overseas and thereby almost always avoid criminal prosection, as well as civil trial.

    7. Re:Isn't a weak federal law better? by CowboyMeal · · Score: 1
      By default, state laws take precedence, but there are specific situations where federal laws take precedence over state laws.
      These are defined in Article 1, Section 8, clauses 2-18 of the US Constitution:

      Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

      (Clause 2 is irrelevant to the discussion)

      Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


      A pretty good argument could be made that spam falls under "commerce with foreign nations" or "commerce among the several states".

      source
      --
      Your credit card information wants to be free.
    8. Re:Isn't a weak federal law better? by Hoser+McMoose · · Score: 1

      A weak federal law that is never enforced is no better or worse than a strong state law that is never enforced, or no law at all for that matter.

      The problem with spam is NOT the lack of laws! If we got rid of the spam that was blatently illegal without even worrying about any anti-spam laws, the flood of spam would be slowed to a trickle. It's not like sending bestiality porn to minors was legal before this law came into effect. Selling prescription drugs without prescriptions has never been legal. Trying to defraud someone by pretneding to be some Nigerian diplomat has been and still is fraud, regardless of whether it's spam.

      Unless the law is enforced it won't make one lick of difference.

  9. bounty hunters by Anonymous Coward · · Score: 0

    FTC - I want them alive. No disintegrations Bounty hunter - As you wish

    1. Re:bounty hunters by Anonymous Coward · · Score: 0

      Who cares about "dead or alive"? I just want in on the ones that say preferred dead!!

  10. Wrong Date by Anne_Nonymous · · Score: 2, Funny

    It may go into effect on January 1, but expect spammers to treat it like April 1.

  11. PA's don't-call-list is DMA managed by Anonymous Coward · · Score: 1, Insightful

    And I don't get ANY sales calls since I signed up, but I worry how many spammers give two shits about the DMA, unlike the phone scumbags.

    1. Re:PA's don't-call-list is DMA managed by Anonymous Coward · · Score: 0

      Telemarketers dont try to hide, spammers do. Thats the difference.

      You know where the telemarketer is, the spammer we dont.

    2. Re:PA's don't-call-list is DMA managed by Anonymous Coward · · Score: 0

      That's why Pennsylvania can transfer their do-not-call list with minimal CPU intervention.

    3. Re:PA's don't-call-list is DMA managed by Snowdog668 · · Score: 1

      "Telemarketers dont try to hide, spammers do. Thats the difference."

      Then explain to me why every telemarketing call I get shows up on my caller ID as a blocked or unknown number. I personally don't see a difference between telemarketers and spammers. They both rate high on the vermin scale to me.

      --
      I wouldn't say I'm a bad gambler but the last time I went to Vegas I even lost a buck on the soda machine.
  12. Please opt-out - 10,000 times by loggia · · Score: 4, Insightful

    Yes, this is a great law. Even if spammers follow the law, you'd have to opt-out for every
    "company" spams you.

    That is going to work great. Put this one right up there with the Medicare Bill on the list of "2003 Who Cares If It Doesn't Work, We Passed It" legislation.

  13. Re:What is going on in the US? by FortKnox · · Score: 3, Insightful

    Its a step in the right direction, but isn't what you think it is.

    Its a law that forces soliciters to acknowledge who they are (nothing really big), but the one kicker is to enforce that if you opt out, the spammer actually opts you out.

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
  14. Direct Marketing Association... by TypoNAM · · Score: 2, Insightful

    Isn't that the same organization that was formed by many spam companies to fight anti-spam companies by threatening to sue them?
    Well that's just great! Have a spam organization set the rules for the country to follow by. It's official our government is forever currupted!

    --
    This space is not for rent.
    1. Re:Direct Marketing Association... by Anonymous Coward · · Score: 1, Informative

      No, DMA's been around for quite a while. Origins in the direct-mail (i.e. snail) industry. I don't recall the name of the "organization" you're talking about, but yeah, some spammers did go down that road earlier this year, I think.

    2. Re:Direct Marketing Association... by Chatmag · · Score: 1

      It was emarketersamerica.org operated by Mark Edward Felstein, an attorney in Florida, supposedly in the pocket of the South Florida spam gang. They pursued a SLAPP against:

      SPEWS.ORG d/b/a THE HERMES GROUP; SPAMHAUS.ORG d/b/a THE SPAMHAUS PROJECT; CSL GMBH JOKER.COM; STEVE LINFORD; JULIAN LINFORD; ALAN MURPHY; SUSAN WILSON a/k/a SUSAN GUNN a/k/a SHIKSAA; STEVEN J. SOBOL; CLIFTON T. SHARP; RICHARD C. TIETJENS a/k/a MORLEY DOTES; ADAM BROWER; and STEPHEN JOSEPH JARED a/k/a JOE JARED, Defendants.

      The real purpose of the suit was to determine the ownership of SPEWS, and as a secondary consequence, financially hurt those involved in fighting spam.

      I don't think much of any attorney that aligns himself with DH spammers, and cannot find the real owner of SPEWS

      --
      Pete Carr Owner Chatmag.com
  15. Written by who? by suso · · Score: 1

    Hmm, an anti-spam law written by the Direct Marketing Association. No, that doesn't sound like an conflict of interest to me.

    1. Re:Written by who? by BillFarber · · Score: 2, Insightful

      I would point out that anybody can write a bill. The real trick is getting it sponsored and buying enough votes for Congress to pass it.

  16. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    It's not about the law - it's about a hatred for Bush. Notice that even threads about unrelated topics such as Gnome or Linux will eventually degenerate into an Anti-US pro-socialist/Europe bash fest. It's about powerless people using a public message board to protest since it's the only outlet available to them.

  17. Posted! by Aardpig · · Score: 4, Funny

    From the FTC article:

    The bounty-hunter idea was promoted this year primarily by Rep. Zoe Lofgren, D-Calif., and Sen. Jon Corzine, D-N.J., who called upon Congress to allow individuals who identify and help locate spammers to receive at least 20 percent of any fines collected.

    I hereby stake my claim to the 20 percent bounty on one Flo Fox , of Slidell, LA. Hands off!
    --
    Tubal-Cain smokes the white owl.
    1. Re:Posted! by Mysticalfruit · · Score: 4, Funny

      Now we just need the following:

      - Badass martial artist with an uncertain past
      - Ex Cop with a metal arm
      - Busty brunette with a huge debt (amassed through medical bills due to a 100 year stay in a cryotank)
      - A genius welsh corgie

      --
      Yes Francis, the world has gone crazy.
    2. Re:Posted! by tekspot · · Score: 1

      From the FTC article:

      The bounty-hunter idea was promoted this year primarily by Rep. Zoe Lofgren, D-Calif., and Sen. Jon Corzine, D-N.J., who called upon Congress to allow individuals who identify and help locate spammers to receive at least 20 percent of any fines collected.

      So if spammer goes to jail, do you get 20% of that too? If so, how do you calculate 20% of a life sentence???

      Got syn-cookie?

    3. Re:Posted! by pocketlint · · Score: 1

      Not if I get to her first. All I have to do is drive down the street to pick her up!

    4. Re:Posted! by the_mad_poster · · Score: 1

      Who's going to write our kickass score, though?

      Come to think of it, can hackers that don't actually kick ass even have a kickass score?

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    5. Re:Posted! by Shajenko42 · · Score: 1

      Don't forget a wacky kid hacker

    6. Re:Posted! by Txiasaeia · · Score: 2, Funny
      "Busty brunette with a huge debt (amassed through medical bills due to a 100 year stay in a cryotank)"

      I haven't gotten that far in the series you insensitive clod!

      --
      Condemnant quod non intellegunt.
    7. Re:Posted! by Aardpig · · Score: 1

      So if spammer goes to jail, do you get 20% of that too? If so, how do you calculate 20% of a life sentence???

      The article said "at least 20 percent of any fines collected", not 20 percent of any punishment meted out.

      --
      Tubal-Cain smokes the white owl.
    8. Re:Posted! by wembley · · Score: 1

      ...with a name that doesn't match gender.

      --

      Share and Enjoy!

    9. Re:Posted! by wembley · · Score: 1

      Then you can pretend it's all gambling debts like she says at the beginning of the series.

      --

      Share and Enjoy!

    10. Re:Posted! by sharkey · · Score: 1
      - Ex Cop with a metal arm

      Would you settle for a bionic pilot that talks out of his ass?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    11. Re:Posted! by Anonymous Coward · · Score: 0

      Where's the "-1 missed the joke" mod when we need it.

    12. Re:Posted! by Anonymous Coward · · Score: 0

      Where's the "-1 missed the joke" mod when we need it.

      It's not available when the joke is lame

    13. Re:Posted! by euxneks · · Score: 1

      To those poor heathens who have no idea what this is in reference to, check out the Cowboy Bebop: The Movie page as well as this pretty good page. Of course, you can also check out AnimeFu's Cowboy Bebop pages... =) Excellent anime if I do say so myself. Worth at the very least a rent.

      --
      in girum imus nocte et consumimur igni
    14. Re:Posted! by Anonymous Coward · · Score: 0

      And how do you know Ed is a girl then??

    15. Re:Posted! by advid · · Score: 1

      They say. In the episode where she's introduced, right at the end, Faye says something along the lines of "You're a girl?!?!?!"

      Plus, she's referred to as "she" on the dvd covers. Not guaranteed to be accurate, I admit, but...

      --
      - "I'll probably get modded down for this."
    16. Re:Posted! by wembley · · Score: 1

      Plus, I think in the episode with Edward's father, he (the father) refers to Edward as his daughter.

      --

      Share and Enjoy!

  18. cannot sue the spammers by Janek+Kozicki · · Score: 2, Insightful

    if this is it then look:

    The bill will provide criminal penalties for violations of its provisions (up to five years behind bars), but will not allow private parties to sue spammers.

    correct me if I'm wrong.

    --
    #
    #\ @ ? Colonize Mars
    #
    1. Re:cannot sue the spammers by corbettw · · Score: 1

      You know what? If the choice is between suing a spammer for $1000, or sending them off to a pound-in-the-ass federal prison, I choose the latter for them. Besides, you can't sue someone who breaks into your house, but you can have them sent to jail.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re:cannot sue the spammers by Cat_Byte · · Score: 1

      Nods and if every Tom, Dick and Harry sued them you either a) wouldn't get paid because they owe more than the national deficit or b) insurance companies would have to fork it out & guess who pays for that? Jail is definitely the better solution. People are too lawsuit happy anyway.

      --
      Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
    3. Re:cannot sue the spammers by the+argonaut · · Score: 1

      Actually, you can sue somebody who breaks into your house. It's called trespass. It's usually pointless to bother suing them, since if they don't have any money you're going to end up spending an assload in lawyer's fees to get a judgment you can't enforce.

      Think OJ: First the state brought criminal charges against him for murder, but since he was found not guilty, he got no jail time. Then the family brought a civil suit for battery, which he lost. Most criminal charges have an equivalent tort for which you can file a civil action against the party, and since it's in a civil court not a criminal court you don't run afoul of the whole no double-jeopardy thing.

      It's also easier to win a civil case then a criminal case, since the burden of proof is lower ("preponderance of the evidence" rather than "beyond a reasonable doubt"), and it offers the opportunity for some from of actual compensation, since you can get damages (usually monetary, but not always) which the criminal system does not. My guess is this is where it really makes spammers happy, since it protects them from having to pay out in civil courts, and from what I've gathered the criminal penalties aren't exactly all that harsh...

      --
      fuck you.
    4. Re:cannot sue the spammers by Tackhead · · Score: 1
      > You know what? If the choice is between suing a spammer for $1000, or sending them off to a pound-in-the-ass federal prison, I choose the latter for them. Besides, you can't sue someone who breaks into your house, but you can have them sent to jail.

      But that's not a choice you ever had. The choice was between suing a spammer for $1000, or writing letters to anonymous bureaucrats, hoping that your pet spammer might be the one spammer whom the Feds decide to prosecute that year.

      And "prosecute" doesn't mean the spammer ends up with his ass pounded. It means he pays a token fine of maybe 10% of the profits he gained from his scam, and then signs a letter in which he neither admits nor denies guilt, but that whatever it was that he neither admits nor denies doing, he won't do it again, at least not while anyone's looking.

      If you're lucky enough to catch them, you can have burglars put in jail, because your local cops are in charge, and they understand burglary. You can't have spammers put in jail, because your "local cops" don't have jurisdiction over the spammer, and the spammer's local cops are just like yours -- too damn busy dealing with property crime, vice, and revenue enhancement to deal with something that's a Federal offence, even if they could understand what a "traceroute" was.

    5. Re:cannot sue the spammers by the_mad_poster · · Score: 1

      Of course you can sue someone for breaking into your house. In fact, if you have a good lawyer, you might be able to squeeze a good bit out of them.

      Hell, you can sue someone for NOT breaking into your house if you want. You can sue them for LOOKING at your house. Anyone can sue anyone else for anything at all. It's just a matter of how much crap the court is willing to tolerate from you, not whether or not you can actually do it. That's how frivolous lawsuits are born and litigious (read: stupid, talentless hack) attorneys stay in business.

      I could, for $65, file a civil suit in small claims court against Taco tomorrow for running Slashdot, if I so desired. The entire thing might last 5 minutes before the judge rips me a new asshole and Taco may well file a counter-suit for wasting his time, but I most certainly COULD do it.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    6. Re:cannot sue the spammers by corbettw · · Score: 1

      *Bzzzt* Wrong. Trespass is a criminal action, not a civil one. So you can't sue someone for trespass. You can sue them if they damage your property, but that's different.

      And battery is also a criminal offence. OJ was sued for wrongful death, something completely different.

      As for the criminal penalties not being as harsh as monetary, if someone gets sued by 1000 people for $1000 each, he declares bankruptcy and walks away. You can't do that to a jail sentance.

      --
      God invented whiskey so the Irish would not rule the world.
    7. Re:cannot sue the spammers by corbettw · · Score: 1

      And "prosecute" doesn't mean the spammer ends up with his ass pounded. It means he pays a token fine of maybe 10% of the profits he gained from his scam, and then signs a letter in which he neither admits nor denies guilt, but that whatever it was that he neither admits nor denies doing, he won't do it again, at least not while anyone's looking.

      Um, no, you're wrong. From the text of the law:
      (5) PENALTY- Whoever knowingly violates paragraph (1) shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.

      I don't know what the fine works out to, but 5 years in prison sounds like a fitting punishment for spammers to me.

      --
      God invented whiskey so the Irish would not rule the world.
    8. Re:cannot sue the spammers by Cat_Byte · · Score: 1

      I forget what the exact amount was but it was per email up to something like $250,000 maximum fine. It was in a different section. It also stated you could sue them if they did damage in another section. About the only damage they could be shown to have done would be filling up the email server with a billion emails overnight and you can prove the company lost business. Hey it happens.

      --
      Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
    9. Re:cannot sue the spammers by the+argonaut · · Score: 1

      *Bzzzt* You're wrong.

      Trespass and battery are both torts*, and you can sue for intentional trespass, even absent damage to your property (although obviously damages will be less). I was speaking of them as torts, so no mistake on my part. If you're going to correct somebody, then do it right.

      (*although yes they are criminal actions as well)

      You are correct, OJ was sued for wrongful death. But aside from failing to identify the correct tort, my explanation was correct. So sue me (bad pun intended).

      As for the criminal penalties not being as harsh as monetary, if someone gets sued by 1000 people for $1000 each, he declares bankruptcy and walks away. You can't do that to a jail sentence.

      Similar to the house analogy (and you can still sue somebody for breaking into your house, at least in the U.S.), it may make little sense to sue somebody if you don't have any real hope of recovering a judgment from them. However, I'd still be happy to see them bankrupt.

      As far as a jail sentence, there's no reason you can't have both civil and criminal liability for spamming. Except the DMA doesn't want you to be able to sue them.

      --
      fuck you.
    10. Re:cannot sue the spammers by the+argonaut · · Score: 1

      Hell, you can sue someone for NOT breaking into your house if you want. You can sue them for LOOKING at your house.

      Although your lawyer might not be in business for long if he kept filing suits like these. Even courts have some boundary for what they will allow as far as frivolous suits go, and in most state have some sort of system where they can fine lawyers for filing them (the operative term in this system is CAN, as in they don't have to...).

      --
      fuck you.
  19. Preempt state law? by e2d2 · · Score: 2, Interesting

    I'm confused about how this will preempt state law. The state and federal government regularly disagree on a particular issue and have different laws in place to handle such issues (see state marijuana laws vs federal) but that has never preempted a state law or deemed a state law unenforceable. Unless of course a court determines the law is unconstitutional.

    What gives?

    1. Re:Preempt state law? by applemasker · · Score: 3, Informative
      Preemption occurs when Congress chooses to "occupy the field" under consideration in areas where, ideally, a uniform national standard is needed such as telecommunications (the FCC), commerce (the FTC), and nuclear energy (NRC), to name a few. When Congress chooses to act in this way pursuant to one of its enumerated powers (the power to regulate interstate commerce is a the last-ditch catchall when they can't think of anything else), the States are "preempted" from also regulating this field. This explain why we have one set of FCC regs, and not a patchwork of different standards from state to state or between federal and state levels. Of course, I am oversimplifying tremendously, but that's the general idea. States can still regulate these areas to a certain degree, but only insofar as their regulation doesn't interfere with Congressional acts. For example, if a particular state wanted to add the condition that all cell phone towers over a certain height had to have a blinking red light visible from a certain distance, this would probably be okay, assuming it didn't contradict anything Congress (or the FCC, as Congressional deglegee) has done.

      The marijuana issue you raise is a horse of a different color - and is, strictly speaking, an issue caused by being the subject of two sovereign powers, (so-called "dual sovereignty") the state and federal government. Technically speaking, the Feds can prosecute one for many crimes which are usually handled by the States, but simply don't. U.S. Attorneys save their resources for true "federal cases" or for areas in which they have exclusive jurisdiction (i.e., interstate trafficking of some kind (usually drugs, money, or kiddie porn), crimes committed on federal property, or crimes directed at a federal-regulated activity (like insider trading), and so forth.)

      An example would be a hypothetical ex-nfl running back who is acquitted (or even convicted) of murder by a state jury who is then indicted and tried under an equivalent offense under the United States Code by the local U.S. Attorney. The first case is "State v. Running Back" the second case would be "United States v. Running Back." It's rather rare for both sovereigns to prosecute for the same crime, but it happens to the truly deserving, I believe most recently to one of the OKC bombing geniuses. More often, the decision between a State and Federal prosecution in a high-profile cases is based upon the availability of certain punishments, like the death penalty which is not available in all states, or may be available if the prosecution takes place under Federal, rather than State law.

      --
      Bush Lies On the Record.
    2. Re:Preempt state law? by jhunsake · · Score: 1

      Federal law always preempts state law. Always. The marijuana laws are based on different things with respect to the states and the federal government. For example, the state may say it's legal to possess marijuana, and the fed may say it's illegal to buy, sell, or grow it (I may have this backwards of course.) The fact is, the feds may rush in on any of these states where it's somewhat legal to possess or smoke marijuana and bust everyone there. In some cases, they have.

      The only way a state law trumpts a federal law is if the federal law isn't constitutional. But since they use the Interstate Commerce clause to legislate about almost anything, rarely is a federal law declared unconstitutional on those grounds (although it has happened).

    3. Re:Preempt state law? by Delf · · Score: 1

      I'm unsure of the exact circumstances required, but Federal law can and does trump state or local laws. (I'm not sure if it's automatic, or if the Fed. law has to explicitly say it's taking precedence over local statutes.) Numerous people have been prosecuted for possession of marijuana in states whose local laws would have allowed the possession.

      This is also how the Federal Civil Rights laws were able to be effective: the Federal law about equal access to voting registration and polling places (for example) trumped local laws that placed stricter limits on who could vote.

    4. Re:Preempt state law? by clintp · · Score: 1

      I presume this would be handled between the "equal protection under the law" clause in the 14th Amendment and Congress' right to regulate interstate commerce under Section I article 8.

      In many cases Congress has passed laws that supercede state laws. Don't like it? Ride your representatives to insert judges that don't make law from the bench and believe in State's Rights.

      But I Am Not A Lawyer.

      --
      Get off my lawn.
    5. Re:Preempt state law? by GnrlFajita · · Score: 1
      Most criminal laws are enacted/enforced at the state level. The federal government influences state law by bribing/blackmailing states into doing what it wants (such as withholding highway money if the drinking age isn't raised to 21). The federal government can directly legislate, though, for matters affecting "interstate commerce" pursuant to the commerce clause of the Constitution. Although the relationship to commerce of some of the laws passed on this basis is a bit tenuous, this one seems to have a pretty secure footing.

      As far as preemption goes, federal laws don't preempt state laws unless they specifically say so (like this one) or else they regulate a specific area of the law so completely that there isn't any room left for contrary state laws (like copyright).

      --
      When we remember we are all mad, the mysteries disappear and life stands explained.
      Mark Twain
    6. Re:Preempt state law? by EnVisiCrypt · · Score: 1

      The general rule of thumb is: States can strengthen federal law, but not weaken it.

      Unfortunately, with this law, it looks as though the FTC has exclusive authority to enforce anti-spam regulations. Therefore, the individual state laws cannot "weaken" the authority of the FTC as stated by this law.

      Also, with respect to "see state marijuana laws vs federal", the federal law supercedes the state laws to which you are referring. For instance, a gentleman was arrested by the federal government for growing medicinal marijuana as sanctioned by the State of California. The federal judge who oversaw the case held that the man was guilty, but set the penalty to one day in jail. To be sure, it was a light consequence for violating federal law that conflicts with state law, however, it did demonstrate that federal law is enforceable over state law.

      --


      *everything* is Orwellian to cats.
    7. Re:Preempt state law? by jhunsake · · Score: 1

      U.S. Attorneys save their resources for true "federal cases"

      You bring up an important point which I failed to mention below. Prosecutors in this country are very overworked. So just because you don't see a lot of prosecutions for some behavior doesn't mean they wouldn't like to. They simply lack the time.

      Prosecutors also choose their cases carefully. They want public, well-known cases that expand into new areas and then solidify them. Remember, there is lot's of politics involved, and they all have careers of their own to advance. Stuff that they don't think is terribly important is done away with with plea agreements or simply dropped.

      What's this all have to do with state vs federal? Well, the feds simply don't think the hippies smoking weed in San Francisco are worth the effort prosecuting. Especially not under the most liberal appeals court in the country. But if some Kansas town passed a law okaying weed possession, you can bet your ass it would get pounded by the feds.

    8. Re:Preempt state law? by spiritraveller · · Score: 1
      I'm confused about how this will preempt state law. The state and federal government regularly disagree on a particular issue and have different laws in place to handle such issues (see state marijuana laws vs federal) but that has never preempted a state law or deemed a state law unenforceable. Unless of course a court determines the law is unconstitutional.

      Federal law is ALWAYS supreme unless the Federal government doesn't have the power to legislate in a given area (which is just about never).

      See the second paragraph of US Constitution, Article 6,
      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding."

      California can "legalize" marijuana all it wants. Unfortunately, it doesn't work. The Federal government is still putting Californians in jail for growing marijuana.

    9. Re:Preempt state law? by anthony_dipierro · · Score: 1

      Unless of course a court determines the law is unconstitutional.

      That's the thing. A state law which hinders interstate commerce is unconstitutional.

    10. Re:Preempt state law? by the+argonaut · · Score: 1

      The spam law is an assertion of Congress's commerce power: under the Constitution Congress has the sole power to regulate interstate commerce. Thus if Congress chooses to exercise its power in a certain law, it can pre-empt all other state laws.

      I'm not too up on my drug laws and where exactly they fall in the constitutional scheme, but I'm guessing because it's a police power, it's jointly shared by fed and state, or that Congress has specifically allowed states to set their own laws so long as they are not weaker.

      And in reality most of the medical marijuana laws are unenforceable because the states have no authority to legalize marijuana for such use in contradiction of federal law. I think for the most part Ashcroft and his goon squad have just not made it a priority to crack down.

      --
      fuck you.
    11. Re:Preempt state law? by mgg4 · · Score: 1

      Federal law always preempts state law. Always.

      Funny. That's not the way I read the Tenth Ammendment to the Constitution. Have you read it? It's really quite simple.

      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.

      End of Story. If the power is not enumerated in the constitution, then the Federal government has NO BUSINESS legislating it. That is a State's Rights issue. This was one of the things that almost blocked the constitution from being adopted in the first place, and why it was part of the first 10 ammendments made.

      --
      -- This space for rent.
    12. Re:Preempt state law? by Anonymous Coward · · Score: 0

      If the weed is grown in state and sold in state, there is nothing the feds can do. It's not interstate commerace. Therefore, it is the exclusive juristiction for the states to legislate on the matter under Article 1, sec 8 and the tenth amendment to the constitution.

      The federal government can pass all the laws they want. It doesn't mean they legally have the right to.

    13. Re:Preempt state law? by spiritraveller · · Score: 1
      If the weed is grown in state and sold in state, there is nothing the feds can do. It's not interstate commerace. Therefore, it is the exclusive juristiction for the states to legislate on the matter under Article 1, sec 8 and the tenth amendment to the constitution.

      The federal government can pass all the laws they want. It doesn't mean they legally have the right to.

      While I wish this were the case, you had better speak to a lawyer before you start growing your weed.

      Ever since FDR threatened to pack the Supreme Court with agreeable "young blood" justices, interstate commerce has meant pretty much whatever the Feds want it to mean. Anything that can possibly, in the most remote way imaginable, affect commerce among the states, is within the power of the Federal government.

      You can pretty much take the 10th Amendment and wipe your ass with it if you like. It has no meaning any more.

      You can pontificate all you want. It doesn't mean that the Supreme Court will agree with you... they have already made themselves very clear on this... they do not.

    14. Re:Preempt state law? by jhunsake · · Score: 1

      The only way a state law trumpts a federal law is if the federal law isn't constitutional.

      I think you need to reread my post.

  20. hotmail by Cat_Byte · · Score: 4, Interesting

    I have to wonder if some spammers are already backing off in anticipation of this or if hotmail did something about spam. I went from about 200/day to about 4/day as of about 3 days ago. I thought my account was messed up and had to email myself to see if it was working.

    Wouldn't it be great if that was a preview of things to come if this bill works? Yeah it's not exactly what we wanted but it does restrict them quite a bit and opens them up for legal repercussions for spam-blasting pron to teenagers. Things won't be as easy as harvesting addresses & blasting users with crap. I personally like it. If they don't have working unsubscribe mechanisms, forge headers, relay off of unsuspecting users, etc they can be prosecuted.

    --
    Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
    1. Re:hotmail by wmspringer · · Score: 1

      I wouldn't think so. Even if the bill scares off some spammers, I'd expect them to keep spamming right up through Dec 31st.

      There are a lot of doubts around about whether the bill will have much effect, but I'll bet a lot of people here are calculating thier chances of landing one of those rewards :-)

    2. Re:hotmail by mahdi13 · · Score: 1

      No kidding, I use hotwayd to get my Hotmail and when I checked it after 18 hours and there was not a single peice of mail I had to go through the web logon just to make sure hotwayd wasn't broken!

      --
      "Some things have to be believed to be seen." - Ralph Hodgson
    3. Re:hotmail by Kentamanos · · Score: 1

      I'm not sure of the reason either, but a hotmail account I have pretty much given up on (I posted to a development newsgroup once back when I was naive) seems like it might actually be usable again. I usually have around 100 pieces of spam a day, but everything I got today was from legitimate email subscriptions.

    4. Re:hotmail by rock_climbing_guy · · Score: 2, Funny
      Wouldn't it be great if that was a preview of things to come if this bill works? Yeah it's not exactly what we wanted but it does restrict them quite a bit and opens them up for legal repercussions for spam-blasting pron to teenagers. Things won't be as easy as harvesting addresses & blasting users with crap. I personally like it. If they don't have working unsubscribe mechanisms, forge headers, relay off of unsuspecting users, etc they can be prosecuted.

      It's not pron. It's pr0n. If y0u'r3 g01ng +0 do 31337 $93aK, 9l3ase d0 i+ r1gh7.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    5. Re:hotmail by Cat_Byte · · Score: 1

      *snicker* that's funny ;)

      --
      Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
    6. Re:hotmail by Six+of+Twelve · · Score: 1

      I'd bet that Microsoft is testing their new "SmartScreen" antispam filter technology out on their Hotmail servers - I have had virtually no spam in my Hotmail Inbox for at least the last week and a half.

    7. Re:hotmail by Hoser+McMoose · · Score: 1

      It's more likely that Hotmail has just been upgraded to Brightmail 5.5, which was just release a week ago (or possibly they just upgraded to the older 5.0 release from what they were running before). Each new release tends to increase the amount of spam that is blocked by hotmail.

      Interesting point of note, if you think that the 200 spams per day is a lot, it was only a fraction of the spam that actually SENT to your account. Microsoft blocks a ridiculous quantity of spam on their hotmail servers. The problem is that they get targeted by spammers FAR more than any other service out there (with the possible exception of AOL, who also blocks a ridiculous quantity of spam). Since baysian-style blocking is impossible on a large multi-user system (unless you want VERY high false positive rates), and heuristic-style blocking is extremely difficult (people actually opt-in to things that look incredibly spammy), it's really tough to filter everything. Combine that with a single system where you can get a very consistant and measured response. Then add in the fact that there have been on-going dictionary attacks (testing every possible combination of e-mail addresses to find the valid ones) against Hotmail for a year or more, and you have the reason why you get so much spam.

    8. Re:hotmail by CritterNYC · · Score: 1

      Yeah, the new Hotmail spam filters are great and all. As long as you don't mind losing legitimate email in the process.

  21. useless law by thoolihan · · Score: 3, Insightful

    This seems like another useless law around here. As others have pointed out, off-shore spam won't change a bit from this. Also, this won't affect the most annoying spam I get, the junk email from companies that I have an account with. No matter how many times I check my privacy preferences they send me email about how I can pay my bill online.

    Technology could have solved this problem a better way. But leave it to the federal gov't to reign over another portion of our lives.
    -t

    --
    http://unmoldable.com W:"No one of consequence" I:"I must know" W:"Get used to disappointment"
    1. Re:useless law by Anonymous Coward · · Score: 0

      excuse me. can you please point out some useful laws passed in the last 50 years? one that didn't have some big "gotcha" attached to it.

      pardon me if i don't hold my breath.

    2. Re:useless law by GreyPoopon · · Score: 1
      Also, this won't affect the most annoying spam I get, the junk email from companies that I have an account with.

      If this is the most annoying spam for you, then you really can't truly understand or appreciate the nature of the problem. Without spam filters, my wife's email account gets at least 80 spam messages daily from "businesses" with which we have had absolutely no prior contact. About half of them are pornographic in nature. One quarter of them are for pharmaceutical supplies (including Viagra). The remaining quarter is divided between financial scams and genuine advertising for products that would have been interesting had the companies involved not sent unsolicited email.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    3. Re:useless law by DynaSoar · · Score: 1

      thoolihan sez: "Technology could have solved this problem a better way."

      If it could have, it would have. We've had the technology all along. Nothing tried worked, and many things considered were not even tried because it was obvious they wouldn't work either.

      The problem is not technical, it's social. It requires a social solution. However, this law is not it.

      One silver lining to this law though: it requires a valid, working opt-out address. When the flood of opt-out message blow the server off the net, that address will no longer be working, and the spammer will be in violation.

      Remember, kids, opt-out early, and opt-out often. If it doesn't work, scream bloody murder. As weak as it is, this law gives you a voice. Use it. When it fails miserably, then maybe we'll get a better law.

      --
      "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  22. More on bounties by wmspringer · · Score: 5, Informative

    For those looking, the section on bounties is on page 19 of the pdf file: Improving Enforcement by Providing Rewards etc

    It basically says that within 9 months of the enactment of the act, the commission is to set forth a system for rewarding those who supply information about violators; the first person who supplies the required information is to recieve a reward of not less than 20% of the total civil penalty collected.

    I only scanned the file and I'm not sure how large the fines are expect to be; it does say that all property traceable to illegal spamming proceeds and all equipment used for such is forfiet.

    1. Re:More on bounties by darkmeridian · · Score: 1

      This is an example of a "qui tam" lawsuit. The private person is encouraged to play DA.

      You see this also with environmental protections.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
  23. "anti-spam law" by burgburgburg · · Score: 4, Insightful
    Clear Skies
    No Child Left Behind
    Healthy Forests
    Patriot Act

    Doublethink doubleplusgood!

    1. Re:"anti-spam law" by Mikoca · · Score: 1

      Well, the name of the bill is CAN-SPAM Act which is doubleplusironic, if you ask me.

  24. bounty hunters by frovingslosh · · Score: 3, Funny
    The FTC is thinking about bounty hunters to enforce the new law (which you can and probably should read for yourself).

    As long as the term dead or alive is included, I want in!

    --
    I'm an American. I love this country and the freedoms that we used to have.
  25. not that bad. by Lumpy · · Score: 4, Insightful

    (2) uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,

    (3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,


    It prohibits Fake headers and abusing relays and proxies. Granted, this will only start the use of throw away email addresses that are used once for sending the 20 billion pieces of spam.

    People are complaining that it's pro-spam... I see that it is a start in the right direction. 99% of the spam I get is from outside the US anyways so I expect that it will not do much to change the amount of spam out there and in that note, if mister spammer moves his spamming operation outside the country then this law has no teeth.

    --
    Do not look at laser with remaining good eye.
    1. Re:not that bad. by Eccles · · Score: 1

      It prohibits Fake headers and abusing relays and proxies. Granted, this will only start the use of throw away email addresses that are used once for sending the 20 billion pieces of spam.

      I got several hundred bounced e-mails in my inbox recently when a spammer decided to use my domain for his/her fake "Reply-to:" addresses.

      Perhaps this law will allow me to be the master of my domain again...

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    2. Re:not that bad. by Anonymous Coward · · Score: 0
      Granted, this will only start the use of throw away email addresses that are used once for sending the 20 billion pieces of spam.

      Throw-away email address will prove less useful than one might imagine. I have hotmail, and if somebody finds a way around the spam filter, I block the entire second-level domain.

    3. Re:not that bad. by herrvinny · · Score: 1

      Then I'll ban all email from all IPs from foreign countries... Do I really need to receive email from China? Heck no.

      Sooner or later, the only countries that will allow spam are going to be some Asian countries like india and China... and guess what? someone is going to have the bright idea of putting up a second Great China Firewall, killing all email outgoing from China....

    4. Re:not that bad. by VerminSkum · · Score: 1

      It looks like all offenses described have to involve transmitting to "Protected Computers."
      The writers of this didn't even put the definition of a "Protected Computer" into the document itself, so I looked it up.

      the term ''protected computer'' means a computer -

      (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or

      (B)
      which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

      In searching for the definition I found this bill.
      Looks to me like it already offers the same protections.

      So as far as I can tell, since this only protects government and financial computers as destinations, all this new bill does is remove the protections for indeviduals at the state level.
      Is it me, or is there a pattern of putting buisness welfare ahead of personal welfare, ignoring cost, constitution or decency, in our current administration?

    5. Re:not that bad. by cpghost · · Score: 1

      99% of the spam I get is from outside the US

      You must be VERY lucky then. According to the ROKSO list, most power-spammers are in the US, not outside...

      --
      cpghost at Cordula's Web.
    6. Re:not that bad. by jjo · · Score: 1

      I'm afraid that you don't understand the definition. While paragraph (A) is pretty restrictive, paragraph (B) manages to include pretty much every computer in the USA, as well as every computer on Earth that communicates with the USA, directly or indirectly.

      This is a standard dodge that Congress uses to make a law under its power to regulate "interstate and foreign commerce". While nominally restricting the law's reach, it actually restricts it not at all.

  26. It... will... not... work... by heironymouscoward · · Score: 4, Interesting

    After the war on drugs, the wars on poverty, the war on terror... no the war on spam?

    You cannot legislate away structural problems. Spam is the direct consequence of having an unprotected communications ecosystem. Communications represent a resource and spammers exploit weaknesses in protocols, interfaces, and operating systems to steal this resource from others.

    This law will simply harden the existing bonds between spammers, criminals, and virus writers. Expect the fight to escalate, and your inbox to get fuller of junk.

    Legislating against spammers will simply mean that spamming will become a criminal activity. Since some of the largest and most profitable and fastest growing businesses in the world are criminal (drugs, weapons, slavery, stolen antiques & art), what government can be so naive as to hope that this can succeed?

    There is only one answer and I've bored Slashdotters with this often enough. Understand that the Internet acts like an organic ecosystem, where parasites evolve according to basic and unalterable rules that govern all ecosystems, natural or artificial. Understand that there are also ways to combat such parasites, based on variation, mutation, and recombination. Explore and develop these techniques.

    --
    Ceci n'est pas une signature
    1. Re:It... will... not... work... by gowen · · Score: 1
      You cannot legislate away structural problems. Spam is the direct consequence of having an unprotected communications ecosystem.
      When did you last get a junk fax?
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:It... will... not... work... by heironymouscoward · · Score: 1

      I get about 3-4 junk faxes per week. But the global fax system obeys different rules from email and the Internet in general:

      - point-to-point operations where the sending party can be identified
      - high costs for working from outside the controlled network, i.e. international faxes

      What is your point, anyhow?

      --
      Ceci n'est pas une signature
    3. Re:It... will... not... work... by daun3507 · · Score: 1

      I get junk faxes on my work fax machine all the time. Mostly crap about cheap spring break vacations...

    4. Re:It... will... not... work... by Anonymous Coward · · Score: 0

      You speak with greaat generalities.

      I challenge.

      You know the answers so propose the fix, or the electronic equivilent of horehound at least

    5. Re:It... will... not... work... by fermion · · Score: 2, Insightful
      I largely agree with you. But these do not work because they are wars. Using the mentality of war means that either you or the enemy must be vanquished. I know that in government and business this mentality is rampant, but neither is zero sum game. Not only that, but in the issues of drugs, poverty, terror, and spam, the enemies and allies are often the same people.

      There are valid reasons to take drugs. Drugs are pushed on us all the time, on TV, at sporting events, even by the government. The arbitrary lines between good and bad just don't make sense. Poverty is caused by people don't have stuff. We can get stuff for more people. We just don't want to. The war is mostly PR. With terror, we know pretty much who is funding much of this. And it goes way beyond the gentleman was just captured. It is other parties that our multinational corporations depend on for lucrative contracts. Are we really going to give up that money just because a few thousand lives are lost every year? We can't even give up smoking!

      So let's not treat spam as an enemy and declare a war. We can avoid developing arbitrary boundaries, creating PR campaigns to make the problem look more or less important, or destroying token parties so we don't have to deal with real lucrative players? It looks like we a clear and effective definition of spam. I like that this may give us a place to start. From there it is all diplomacy

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:It... will... not... work... by Frater+219 · · Score: 1
      You cannot legislate away structural problems. Spam is the direct consequence of having an unprotected communications ecosystem.

      The whole point of Internet email is to allow people whom you've never heard of to get in touch with you. That is, to send unsolicited email. If it were only needed to allow people whom you know and trust to communicate with you, then you could just give them a user account on your box and they could send you local mail.

      A "protected communications ecosystem" is exactly what the Net is not supposed to be. Whenever you have something that is "protected", you have someone who is doing the protecting, and who has to make decisions whether or not to allow you to use it for what you want to use it for. In the case of communications, we call that role a censor. The Net allows endpoints to make connections (both literal TCP connections and figurative human connections) without prior arrangement in the middle. That's a design criterion of TCP at the transport level and of Internet protocols in general at the app level. Adding a censor is breaking the system.

      The problem of spam is not properly corrected by destroying the opportunity for "unprotected", unsolicited email or other communications -- just as the problems of littering and drunken driving is not properly corrected by tearing up the sidewalks and roads ... or by having the cops challenge every passerby for their ID.

      Just as the problem of drunk driving is not a "roads technology problem", the problem of spam is not an "email technology problem". Both are social problems, criminal problems -- they are not born fully-formed from the technology, but rather come from people's willing choices to abuse that technology.

      It is, of course, important to use technology to provide some basic safeguards against abuse: even though bank-robbing is recognized as a criminal problem, banks have sturdy vaults and security guards. However, it is simply absurd (and absurdly expensive) to look to technology to forestall opportunities for abuse.

      How do we eliminate drunken driving? We can't eliminate it entirely, and we know that -- but we can (1) criminalize it, so people who are caught at it are punished as an example to others, and (2) stigmatize it, make it a shameful thing to do, so that fewer people are likely to do it. Fewer people get killed by drunk drivers when driving drunk is seen as an irresponsible act -- when responsible people do things like designate a driver and take their drunk friends' keys.

      The same goes for spamming. As long as there is the ability to send mail to people you don't know -- an ability which is valuable! -- there is the possibility that someone will spam. But the present spam flood can be mitigated by dealing with it as a criminal problem. By making spamming a criminal offense and prosecuting some spammers, we can show those who are tempted to spam that they can go to jail for it. By making spamming a shameful act, we can make firms which are tempted to spam reconsider whether they want their Mom & Pop store to be associated in people's minds with horse pr0n.

    7. Re:It... will... not... work... by swb · · Score: 1

      There's a story about this in the business section of the New York Times today. Google link.

    8. Re:It... will... not... work... by The+Eye+of+the+Behol · · Score: 1

      I agree. Just because its illegal does not mean it will cease to exist. Take drugs as an example, they are illegal, but that doesnt stop people using and dealing them. Making spam illegal will just make spammers more cautious in their distribution methods.

      --
      ----- Friends, l33tists, l4m3z0rs! Lend me thy keyboards.
    9. Re:It... will... not... work... by Anonymous Coward · · Score: 0

      "There is only one answer" Indeed. "Explore and develop these techniques." Said the guy who invented self serve. "Do it yo damn self".

    10. Re:It... will... not... work... by trenobus · · Score: 1

      Agreed, and well said. Submitted for your approval, the conservative's version of the Serenity Prayer:

      God grant me the serenity to accept the changes I cannot stop

      Courage to maintain unchanged the things I can

      And the wisdom to know the difference

      Those of us who fondly remember pre-spam email should remember that it existed mostly before the commercialization of the Internet. To follow the biological metaphor a little further: the gene for spam was always present in SMTP email, but it only became expressed when the environment in which SMTP operated changed. Spam is what you get when you mix SMTP and human beings in the environment of the commercial Internet. Laws are not going to stop it, any more than laws are going to stop P2P.

      Technological developments cause change, sometimes for better, sometimes for worse, and sometimes both at once. Our ability to control the impact of technological change depends not only on our ability to predict the impact, but also on our ability to grasp the consequences for our daily lives. And apparently we aren't very good at that.

      Consider the background technology in the movie, "Minority Report" (realtime audio/visual spam enabled by wireless and ubiquitous computing, coupled with biometric identification). Does anyone think that's not going to happen? Yet we are happily advancing these technologies as quickly as possible.

      Not that I think technological change can really be stopped by anything short of a civilization-busting disaster, but it seems like we'd be better off if we spent more time thinking about and preparing for the consequences of technological development.

  27. nice if you can enforce it. by PreviouslySeen · · Score: 3, Insightful

    "It is hard to locate spammers, and it'd be very hard without subpoena power,".

    And once you do find one (with or without the help of bounty hunters), what then? Im sure law enforcement will really care. Maybe the politicians will push for an example or two, but this will have no real impact.

    --
    Meet the new sig, same as the old sig
  28. Yeah, whatever by Otter · · Score: 4, Interesting
    I understand there are people for whom spam is an essentially religious issue. (Despite the fact that most of them never actually used the Internet back when ancient notions of "netiquette" were still in play, they believe the unofficial rules of 1993 are somehow divinely ordained.) And I understand that any measure that doesn't address the purity of their positions is worse than nothing.

    But most of us are just sick of getting 500 "PAR1S H1LTON S*X TAPE!!!!!" emails every day. And I'm particularly sick of the assholes forging my domain in headers, further flooding my inbox and prompting mailbombs and death threats from the aforementioned righteous and holy. If a measure bans domain forging and creates a national Do Not Spam list, I can more than live with the occasional opt-out mail from E-Bay. Sorry.

    1. Re:Yeah, whatever by ooby · · Score: 1

      If I consult my inbox, i believe the proper spelling is PAR1S H1LT0N, with a zero.

      Regardless of spelling, if I only get emails from companies with whom I have at one time given my email adress to, say.., confirm an order of something or other, at least I know when I have kids, they won't be trying to enlarger their penises. Especially the girls.

      I really hope this law does get enforced.

    2. Re:Yeah, whatever by anthony_dipierro · · Score: 1

      If a measure bans domain forging and creates a national Do Not Spam list, I can more than live with the occasional opt-out mail from E-Bay. Sorry.

      I think you're vastly overestimating the usefulness of this law. For one thing, it doesn't create a national Do Not Spam list. It says that the FCC (or is it FTC) has to consider it within the next 6 months.

    3. Re:Yeah, whatever by srleffler · · Score: 1
      If a measure bans domain forging and creates a national Do Not Spam list, I can more than live with the occasional opt-out mail from E-Bay. Sorry.

      If the measure worked the way you think it will, most of the people for whom spam is a religious issue would agree with you. The problem is that those of us who have been around a while know that a national "Do Not Spam" list will not work. The trouble is that most of the spammers out there are dishonest, and they are very hard to catch. The guy who hijacks a thousand PC's with a virus and uses them to send ads for Paris Hilton tapes is just going to download the government's "Do Not Spam" list, and send spam preferentially to people on that list. There is not much more valuable to a spammer than a list of addresses that are known to be "live", and the FTC does not really have the resources to go after them.

      Do not spam lists have been tried before. Some marketing association set one up in the 90's. Virgin accounts signed up on the registry immediately began receiving spam. It will be the same this time.

    4. Re:Yeah, whatever by Anonymous Coward · · Score: 0

      I have no clue what the point of your first paragraph is. Your second paragraph indicates that you would be happy with a measure that banned domain forging and created a national Do Not Spam list. You didn't state whether you're happy with the measure being discussed, which did the former but not the latter.

      The most useful feature that I see in the measure is that it specifically does NOT supersede state laws in cases where the spam uses fraudulent headers. This particular federal law appears to have been crafted to have very little practical effect. U.S. spammers that opt to adhere to the law will find themselves blocked by all SMTP hosts that care, just as before.

    5. Re:Yeah, whatever by Otter · · Score: 1
      First, this is a start. If it needs tweaking or if the FTC needs to be forced to create a Do Not Spam list (and one _will_ be created -- politicians have learned from the anti-telemarketing call that opposing spammers will be a hugely popular position to take) it can be done. Again, if you don't see this as a theological issue the lack of perfection isn't a catastrophe.

      Second, I simply don't buy the idea of spammers as super-villains beyond the reach of the law. For one thing, if that were so what law _would_ stop them? Legalized lynch mobs? For another, I just don't believe it. Lists from a marketing association with no legal powers were meaningless; anti-spam policies from the US, EU, Japan, Canada, Australia, etc. have the capability of eliminating 99% of spam.

    6. Re:Yeah, whatever by WuphonsReach · · Score: 1

      Domain forging could be stopped if the IETF/ASRG would go ahead and approve one of the four reverse-MX proposals floating around out there (DMX, DRIP, RMX, SPF+SMTP).

      That would at least make it much more difficult to forge domain names on the spam / virus e-mails (they'd have to hack my designated SMTP server to send using my domain name).

      But hey, they've only been talking about it for 6-9 months so I don't expect to see them resolve anything prior to 2005. (I expect that the sendmail and postfix folks will quietly implement something instead and it will suddenly become the standard.)

      --
      Wolde you bothe eate your cake, and have your cake?
  29. Opt out? by RT+Alec · · Score: 5, Insightful

    The problem with "opt-out" is two-fold:

    • First, we have all been trained (correctly) to NEVER opt-out, since it confirms our e-mail address is valid. How do we know if a particular spam is from someone who will obey the law?
    • Second, it can often be difficult to opt-out anyway, purely from a technical standpoint. I receive e-mail addressed "To:" several addresses, including "info@", "webmaster@", etc. While I am savvy enough to reconfigure my e-mail client to send an e-mail that appears to be "From:" any of my addresses, it is a pain. Most people will not know how to do this, and many people (AOL, etc.) do not use an e-mail client that is capable of altering the sending address.

    If the law mandated that opt-out must be implemented by use of a web link (e.g. "This message was addressed to john.doe@mail.us, click the link below and you will be removed immediately"), that would be a little better. None of this detracts from the overriding issue, and that is by requiring opt-out instead of opt-in (either double opt-in or a verification link) this law essentialy legalizes, indeed encourages, spam.

    1. Re:Opt out? by jelton · · Score: 1

      One addendum to the mandatory web-link idea would be to have all links go to a trusted 3rd party site (e.g. no-spam.gov). This would allow you to opt-out of mail from (I hate that I am using this word here) legitimate spammers and yet prevent you from confirming your address with the "baddies".

      I agree, though, that ultimately, this legalizes spam.

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
  30. Re:What is going on in the US? by Scrameustache · · Score: 5, Funny

    How can anyone complain about and Anti-SPAM law?


    How could anyone complain about my new (patented) Hugs And Kisses greeting? Of course, its actually punching you in the face and dropping a brick on your foot, buts its called "hugs and kisses", so how could anyone complain about that?

    --

    You can't take the sky from me...

  31. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    It's about powerless people

    Well, they're not all completely powerless. Many of them have a very powerful stench.

  32. Just in Time for the Elections .... by leoaugust · · Score: 2, Flamebait

    Bush's campaign has an e-mail list totaling 6 million people, 10 times the number that Democratic presidential candidate Howard Dean has, and the Bush operation is in the middle of an unprecedented drive to register 3 million new Republican voters. Source - Washington Post

    Looks to me as the laws were conveniently rewritten (as the have been for the past many months) to make legit what would not have been easily defensible without the rewritten laws ....

    Maybe the CAN-SPAM law is more commercial than political. But, I am starting to believe that most politics is now commercial ... Am I one of just a few sceptics ?

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
    1. Re:Just in Time for the Elections .... by The+Angry+Mick · · Score: 1

      Bush's campaign has an e-mail list totaling 6 million people

      Would this be the number of addresses harvested off that lovely new "whitehouse.gov" e-mail system?

      --

      I'm not tense. I'm just terribly, terribly, alert.

    2. Re:Just in Time for the Elections .... by cpeterso · · Score: 1


      Didn't GWB recently outsource his campaign emailing to a company in India? I can't find the news source at the moment, but would that exempt his campaign from these laws? It's also good to see he cares about US jobs.

    3. Re:Just in Time for the Elections .... by Anonymous Coward · · Score: 0

      Think they'll sell this list?

      After all, they are "pro business"

    4. Re:Just in Time for the Elections .... by Anonymous Coward · · Score: 0

      Just in time? WTF? The elections are nearly a YEAR away!!!

      GET REAL

  33. It all depends on whether there is a ... by burgburgburg · · Score: 2, Funny

    net connection to that Sarlacc. The three sarlaccs in my backyard are splitting a T3, but remember, connectivity is rather spotty on Tatooine ever since Jabba signed that deal with Covad.

  34. Read my lips, no more spam. by zwanglos · · Score: 5, Interesting

    Three things strike me about this law:
    1. After reading the text, it does not include the word "bulk" in any context for spam, which basically means that any single person email to another person (even if sent in good faith) could be applicable to the law if the receiver deems it "spam." I think that is a mistake.

    2. It limits statutory damages for civil violations. This is ridiculous, is it really necessary to protect the spammers, basically the most hated group of people within the net?.

    3. It still allows "spam" email from charities, religious organisations and government bodies. Now all I need is my penis enlargement emails coming to me from the church of large testicles. Seriously though, why is junk mail from churches or the even the government for that matter better than my daily breast enlargement emails?

    1. Re:Read my lips, no more spam. by Cat_Byte · · Score: 2, Insightful

      I haven't read it today but I did read the whole thing a few days ago.
      1) It doesn't use the word "bulk" but it does specify numbers. I believe it was around 250.
      2) All laws making something a crime have limitations. Even littering. The limit was pretty high and enough to make Joe Blow in his basement think twice.
      3) Those types of emails aren't the problem. I've never received any of them. They're also legitimate companies. They won't send 50 million emails/day with false headers trying to sell pron or pills.

      --
      Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
    2. Re:Read my lips, no more spam. by nuggz · · Score: 1

      2. Limits are required for it to be fair.

      I don't think every offense needs to be overly harsh to be effective.
      We don't chop off peoples hands for stealing anymore.

    3. Re:Read my lips, no more spam. by Ambush_Bug · · Score: 2, Informative

      1. "bulk" is included, twice in the document:

      one of which is in "findings" , the other is here:

      " 2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes, including the tools contained in chapters 47 and 63 of title 18, United States Code (relating to fraud and false statements); chapter 71 of title 18, United States Code (relating to obscenity); chapter 110 of title 18, United States Code (relating to the sexual exploitation of children); and chapter 95 of title 18, United States Code (relating to racketeering), as appropriate. "

      Also, the second point of number 1 you make isn't valid.. this law applies to non-solicited commercial email, defined as follows rather specifically:

      "(A) IN GENERAL- The term `commercial electronic mail message' means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
      (B) TRANSACTIONAL OR RELATIONSHIP MESSAGES- The term `commercial electronic mail message' does not include a transactional or relationship message."

      So your "any email could be spam" comment isn't really applicable. Any non solicited commerical email is spam, and I think that's pretty reasonable.

      For your point on 2, I think the law is fair.... I mean spam is obnoxious, but how much actual physical damage could you really claim from one guy? I mean unless some guy bombs the inbox of something critical to public safety, then I think there should be reasonable limits set. I could imagine some pissed off jury setting a penalty of millions of dollars from some poor aoler trying to peddle fishing hooks or something.

      And as for 3, at least those organizations are ostensibly trying to do something for the public good, and not trying to scam you or simply make a buck. Whether such organizations aren't actually just trying to make a buck is a subject of other debate, but I can see why they should deserve a different status.

      Anyway, in summary from my interpretation I think the law is pretty reasonable, though being a Virginian I am a little annoyed about the supercession of state law.

    4. Re:Read my lips, no more spam. by Anonymous Coward · · Score: 0

      Now all I need is my penis enlargement emails coming to me from the church of large testicles.

      You really need matching testicles and penis. Otherwise you'll look strange.

    5. Re:Read my lips, no more spam. by anthony_dipierro · · Score: 1

      It doesn't use the term "bulk" but it uses the term "multiple."

      "(3) MULTIPLE- The term `multiple' means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period."

    6. Re:Read my lips, no more spam. by Ambush_Bug · · Score: 1

      Am I the only one who can use the "Find" function of my browser?

      0) go to the page with the law
      1) Do Edit->Find or something similar
      2) type "bulk"
      3) profit! :)

    7. Re:Read my lips, no more spam. by certsoft · · Score: 1
      Now all I need is my penis enlargement emails coming to me from the church of large testicles.

      I think the "Church of Equineology" might have a large testicle division.

  35. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    exactly. That is the mindset of Clinton supporters/Democrats. You can't just ban spam. Then there would be a flurry of lawsuits saying a company replying to your inquiry was spam. You have to draw the line somewhere. You can't tell other countries they can't spam Americans either. Yet Democrats have the need to bash Bush for not trying. Ironic since they bash him for enforcing anti-terrorism and not enforcing spam laws. He can't win for losing against these guys.

  36. Cutting their necks by mrpuffypants · · Score: 2, Interesting

    I see this as a dangerour move for the legislators who passed the bill. If they go about trumpeting it in their re-election campaign then it could backfire HARD.

    Look, we all know that a bill on the books in even a country as influential as the US won't do any good for technical reasons.

    If the senators talk about how they're doing it for the little guy and then said little guy looks in his inbox to find just as many, if not more, penis ads then confidence in the reps could waver.

    Not only that, but I'll be that overseas spammers are smiling at this bill. Just because you clicked on an opt-out link in an email from a company based on China doesn't mean that they have to remove you from their list any more than they did before. In fact, now I'd bet that you're going to see even more spam because people in the US will be doing just that; clicking on all the opt-out links thinking that now they're protected by the new bill.

    this should be fun to watch =]

  37. Internet Fraud Complaint Center by capoccia · · Score: 1

    Recently I have started reporting my spam to the Internet Fraud Complaint Center (in addition to the FTC and SpamCop). Has anyone else tried filing complaints with this agency? What have your results been?

  38. Not about spam. by WindBourne · · Score: 1

    This will be used to do more monitoring on citizens. The feds will be saying that they need relaxed conditions to see who is spamming.
    Sadly, even if written to stop true spam, there is no way to stop spam via government control anymore than china can stop access to all politcal web sites; ppl and companies just shift domains and IPs.
    Until the underlieing smtp protocol is changed (Yahoo's is looking interesting), there will be spam.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  39. Orange Ear Tags by Alien54 · · Score: 1

    Strangely enough, this is starting to become strangely similar to my idea for a Spammer hunting license. you license the spammers so that you can track them down. bounty hunters to trackthe illegals volume fee for spam similar to us postage to pay the spammers and generate income from the internate. extra bonus: orange ear tags for spammers so they can be identified in public

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Orange Ear Tags by Alien54 · · Score: 1
      as seen earlier here:

      Part one

      Part two

      Part Three

      I'm still trying to find the original post, but this will do

      --
      "It is a greater offense to steal men's labor, than their clothes"
  40. Re:Please opt-out - 10,000 times by Scrameustache · · Score: 5, Interesting
    Even if spammers follow the law, you'd have to opt-out for every "company" [that] spams you.

    Well, at least no spammer would ever ruin their great brand recognition and close down shop only to open up again under a new name every couple weeks...

    /sarcasm

    --

    You can't take the sky from me...

  41. California's tougher law still has some effect by Animats · · Score: 4, Interesting
    California's tough spam law is mostly preempted by the new Federal law. But not entirely. The preemption clause reads
    • This Act 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.

    So for any spam that has a forged header or a misleading subject, California's new law, with the $1000 per spam penalty, will still apply. California allows private suits in small claims court by any party. So you can haul the bozos into court. Maybe even across state lines.

    A year or two from now, we'll be rid of the chickenboners, but we'll be getting even more spam from "legitimate businesses".

    1. Re:California's tougher law still has some effect by nuggz · · Score: 1

      expressly regulates the use of electronic mail to send commercial messages

      Just adjust the law to be any unsolicited unrequested mass emailing. Then it is not expressly targetting commercial messages, they just happen to be included.
      This would have the added benefit of getting rid of all those political solicitations that I don't want either.

    2. Re:California's tougher law still has some effect by geoffspear · · Score: 1
      Good luck trying to regulate interstate commercial activity on the state level.

      Anyway, as I read it, California is free to charge spammers with falsifying headers to save the feds the effort of enforcing their law, but they can't allow civil suits against spammers or file charges for any non-falsified spam.

      --
      Don't blame me; I'm never given mod points.
    3. Re:California's tougher law still has some effect by lurker412 · · Score: 1

      Curiously though, the California anti-spam law is silent about false or deceptive content. So as long as the headers and subjects are not misleading, the contents can be as outrageous as the spammer likes.

    4. Re:California's tougher law still has some effect by Anonymous Coward · · Score: 0

      I don't find it curious, since existing law pretty well covers content.

  42. How laws get made by Beautyon · · Score: 2, Insightful

    The RIAA writes the copyright laws.

    The Direct Marketing Association writes the SPAM laws.

    The Rapists write the sex laws.

    The Breweries write the alocohol laws.

    Way to go legislators, leading the people into a safer future!

    --
    ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
    1. Re:How laws get made by sulli · · Score: 1
      The Breweries write the alcohol laws.

      No, the teetotalers write the alcohol laws, which is why 18 year olds can die for their country but can't legally have a drink.

      --

      sulli
      RTFJ.
    2. Re:How laws get made by msimm · · Score: 1

      The Breweries write the alocohol laws.

      They wish.

      --
      Quack, quack.
    3. Re:How laws get made by Anonymous Coward · · Score: 0

      Damn, thank God we don't have energy companies writing a new energy bill!

    4. Re:How laws get made by phillymjs · · Score: 1

      Don't forget, "The prudes write the obscenity laws"

      One more reason to be glad you don't live in L.A.

      ~Philly

  43. Offshoring the Spam by handy_vandal · · Score: 4, Insightful

    Are there enough spammers in the United States to make it worth the bounty?

    Not for long -- anti-spam bounties will drive the remaining US spammers offshore.

    Maybe we should just keep the vile stuff here at home. I think Lyndon Baines Johnson put it well when he said "Better to have the skunk inside the tent pissing out, than outside pissing in." :)

    But seriously -- no US bounty is going to affect non-US spammers. And if the bounty does actually hit US spammers where they live, expect international spammers to pick up the slack.

    "Abandon hope, all ye who enter here."

    -kgj

    --
    -kgj
    1. Re:Offshoring the Spam by amigabill · · Score: 1

      I've never understood how offshoring would makea spammer safe. It seems to me we should be going after the company whose product/service is advertized as much as the guy actually pressing the send button. For example, I keep getting spams for Circuit City stuff, they haven't learned from my 4+ year boycott of them that I don't want them to email me. We should be able to consider Circuit City to be an accomplice to the actual emailer, as they are the company that bought the "ad". Thus, Circuit City is as liable for the harrassment as the emailer is, and when the ad says or links to Circuit City, we know they are involved, regardless of whether a Chinese mail server was used or not.

      Now, I don't mean to pick on this one company and leave out others, but they in particular keep getting themselves a renewed subscription on my boycott list, and I can't think of any other particular company that keeps doing this at the moment. But I do think that the people buying this form of advertizement should be accountable as well as the emailer.

  44. more likely hotmail got off its ass by Indy1 · · Score: 1

    and started firewalling the worst spammers that are hitting them. Most of the big mail providers, be it for political reasons or plain incompentence, do a piss poor job of controlling spam thats incoming.

    --
    Lawyers, MBA's, RIAA? A jedi fears not these things!
  45. No, it isn't by burgburgburg · · Score: 4, Insightful

    The weak Federal law was specifically advanced/signed to supercede and eliminate the tough state laws. The spam industry (and those who benefit from them) feared aggresive state level prosecutions (think what Eliot Spitzer could do to them). They got a "law" that says it is doing something, doesn't actually stop anything, and protects them from everyone who might try to stop them legally.

    1. Re:No, it isn't by cgranade · · Score: 2, Interesting

      Besides, even assuming that the law did work, who's to say that spammers can't skip the US and go live in, well, Nigeria? As long as spam makes money, there will be at least one country that invites spammers so as to boost their economy. Hence, this law, even if it had teeth, would be meaningless.

      --

      #define DRM chmod 000

    2. Re:No, it isn't by __aavonx8281 · · Score: 1

      I disagree. I ban all email from China to my server explicitly. If you can figure out which few countries spammers are operating out of you can easily block all traffic from that country until they crack down.

    3. Re:No, it isn't by cgranade · · Score: 1

      That's not quite the same. China has a central set of e-mail servers that are easy to hack into. What I mean that one country may accept a bit of money under the table to make spam easier, yet also invite enough legitimate e-mailers so as to make wide-brush blocks difficult and ineffective.

      --

      #define DRM chmod 000

    4. Re:No, it isn't by schon · · Score: 5, Insightful

      assuming that the law did work, who's to say that spammers can't skip the US

      Nobody's saying they can't - people are saying they won't

      Spammers are sociopaths, like any other sociopath, they do what they do because it's the path of least resistance. They are not spamming because they believe in their rights, they are spamming because they want money, and this is the easiest way to get it.

      It's like saying, when the War On Drugs(tm) started, "what's to stop all the pot dealers from moving to Amsterdam"?

      Unlike pot dealers, spammers (by definition) can't conceal their identities/location (they have to broadcast some way to contact them, otherwise they have no way to get your money.)
      If spam truly became illegal, I think spammers would move to other, less publically visible ways to steal.

    5. Re:No, it isn't by Anonymous Coward · · Score: 1, Interesting

      Nope. For one thing, American companies sending spam, even if they were to do it through a server in Nigeria, could still be prosecuted. Even if it were difficult to enforce, making it explicitly illegal would discourage many would-be spammers.

      But this law, it is not irrelevant. It encourages them to collect email addresses, which will be sold to less scrupulous spammers. Spammers from other countries will be pretending to be Americans subject to this law, just so they can collect functional address lists when people reply to "unsubscribe". It couldn't possibly be much worse.

    6. Re:No, it isn't by Anonymous Coward · · Score: 0
      What I mean that one country may accept a bit of money under the table to make spam easier.

      Like here in the US?

      Seriously, then I and others will just ban all e-mail from that country. If they want to talk, they can clean up the mess first. US spammers wouldn't survive outside the US anyway. Sociopaths have a hard time getting away with their tricks when they have accents.

  46. Re:Spam by Thud457 · · Score: 1
    TWENTY-EIGHT MILLION $ !!!!

    Hell, son, that's chicken feed. That nice Nigerian fellar's promising me $60,000,000!!!! Sorry, but I don't do business with two-bit operators.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  47. Re:Please opt-out - 10,000 times by sulli · · Score: 1

    While it sucks, it's not so bad. Opt-out can be automated, and reporting of continued spams from opted-out spammers to the FTC could be automated as well. I bet the guys behind the excellent spam filters in Apple's mail.app (for example) could come up with a way to do that.

    --

    sulli
    RTFJ.
  48. Re:What is going on in the US? by wmspringer · · Score: 3, Interesting

    People complain about the bill because, due to the way it is written, it is likely to actually increase spam as people reply to spams believing they'll actually be removed.

    And the parent is NOT flamebait :-p
    It's a valid question.

  49. You say you have an 'anti'-spam law? by Joey+Patterson · · Score: 1

    Well, I've got an anti -anti-spam law!

  50. Terrorists get to write our anti-terrorist laws... by kaltkalt · · Score: 0, Troll

    it's a travesty that the largest domestic terrorist organization, the DMA, is allowed to give input into the creation of our anti-terror laws. Yes, unsolicited commercial advertising is a form of terrorism.

    --

    Stupid people make stupid things profitable.
  51. Re:In SOVIET RUSSIA by Kethinov · · Score: 4, Funny

    In SOVIET RUSSIA (Score:1, Funny)
    All your e-mail belong to government.

    -----

    Good God man! I pity the man who modded you as funny!
    1. Use cliched Slashdot joke
    2. Mess up formatting
    3. ???
    4. Profit!!

    There are two ways to interpret your attempt. You could have been going for a Soviet Russia joke, which could have been better worded as "In SOVIET RUSSIA, spam law makes YOU!"

    Or you could have been going for the all your base parody which could have been worded as "All your email are belong to U.S.!"

    In either case, respectfully, YOU FAIL IT.

    (Anyone with karma to burn want to count how many cliches I've used?)

    --
    You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  52. Federal Level problem by the_skywise · · Score: 2, Interesting

    Email is a problem that transcends State's borders (It's an interstate problem, not an intrastate one)... hence, it's a federal issue and transcends State LAw.

    1. Re:Federal Level problem by Anonymous Coward · · Score: 0

      My thoughts exactly.

    2. Re:Federal Level problem by Peyna · · Score: 1

      Article 1, Section 8, of the Constitution of the United States: "[The Congress shall have power] to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

      That ought to make it clear enough.

      --
      What?
  53. The wheels on the bus go round and round by cluge · · Score: 1

    The FTC has proven extraordinarily effective combating adds that sell fradulent products. That is why I never recieve adds telling me how to grow bigger/get, tits, dick, wealth or Gold in south africa. We all know that a law that threatens people with government enforcement is going to REALLY scare the spammers.

    The only effective law against spammers will be one that allows the spammed to take the consequences out of the cyber world and put it into the real one. The law goes like this. If you have been spammed, goto a judge and prove what machine/person did it. Once done you get a "spammer hunting liscence". This liscence allows you to attack the people that spammed you, and their computers. Acceptable hunting weapons include baseball bats, chainsaws and piano wire. I like the bounty hunter idea, in case your too squeamish to deal with spammers yourself.

    Am I pissed off about spam? You bet I am
    AngryPeopleRule

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
    1. Re:The wheels on the bus go round and round by taustin · · Score: 1

      I'd rather see a law requiring 40,000 volts be hooked up to all computers, that can be sent through all exterior surfaces of the computer, with any other computer being able to activate it.

      Then, I could just tape the "shock the piss out of the other end" button down on my mail server.

      Be a few false positives, but well under 1%. I can live with that.

  54. Not quite accurate: by Thud457 · · Score: 1
    "The Direct Marketing Association drafted an anti-spam law to protect THEM from US."

    Your (heh) government at "work".
    I wish I could vote myself a raise whenever I felt like it!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  55. How do you calculate a bounty? by t0qer · · Score: 2, Interesting

    No actually, they're not just a good idea, they're a GREAT idea.

    Unlike criminal bounty hunters, there's no violence involved. It's all intellect to intellect. Who can study and understand the most about everything involved. (Which can be everything from OS's, to protocol stacks, to network topology, to application exploits, worms viruses, daemons, services, ect.)

    But how are they going to determine bounties??? This is a tough question.

    Will it be by volume (amount of spam sent)
    Will it be by complexity? (How hard will it be to decipher what the spammer did?)
    Will it be by difficulty? (How well did the suspect cover up their tracks?)
    Or will it be by the amount of time unsolved?

    I think all of the above would make a great basis to calculate a bounty. I also think an audit trail of some type has to be established with evidence gathering, because it's not too hard to point the finger at an innocent person.

    So if you say it's ok to bounty hunt as long as you're white hacking in the "name of the law" how far will you be allowed to go with your evidence collecting before you've crossed the line into privacy invasion?

    See, that's the real conundrum with bounty hunters on the net. It's not like the days of the old west when you could hang up a picture of a guy, point and say "That's the one!" With the net there are so many complex ways to frame a person that it's unpractical to give goverment, let alone private netizens the type of evidence collecting power they would need in order to procescute people.

    So maybe it isn't such a great idea after all. Sounds more like someone trying to equate the net with some spaghetti western. What we need to do is replace the current mail system with something better (something discussed many times here)

    I'm one of those people that wouldn't screw someone over for a buck. I'm in the minority.

  56. More anti-government ranting... by fmaxwell · · Score: 5, Interesting

    Technology could have solved this problem a better way. But leave it to the federal gov't to reign over another portion of our lives.

    BULLSHIT, BULLSHIT, BULLSHIT! I've been listening to this anti-government crap for the past 5+ years in the discussions of spam. If technology has had the ability to solve this problem, then just when the hell was it going to happen? Are you waiting for Moses to come down from the mountain with a stone tablet proclaiming that it's time for you to deploy your technological solution? Spam has been increasing at an alarming rate and, with the exception of a tiny percentage of technically savvy users, most people have no technical solution to the problem. This law doesn't prevent you from rolling out the technical solution that you've been witholding for the past few years. Go ahead. Let me know when you've gotten every ISP, business, and individual running a mail server to adopt your heretofore secret spam solution.

    It's like suggesting that we abolish laws against rape by reasoning that technology can solve that problem using chastity belts, mace, pepper spray, stun guns, and whistles.

    If something is unethical and harms innocent people, then it should be illegal. The problem with the federal law is that it doesn't do nearly enough. But I'd rather that they outlaw some spam than make it all legal. Having a legitimate return address to clog with complaints is worth something to me.

    1. Re:More anti-government ranting... by thoolihan · · Score: 1, Troll

      Thanks for using logic and points as opposed to abusive language and blanket statements in your argument.

      The problem with the federal law is that it doesn't do nearly enough.

      Yes, because the government has done so well with education, substance abuse, border protection, corporate abuse, and the economy. With a record like that, I can see why you would want more involvement.

      -t

      --
      http://unmoldable.com W:"No one of consequence" I:"I must know" W:"Get used to disappointment"
    2. Re:More anti-government ranting... by cpeterso · · Score: 1


      The free market is (slowing) solving this problem more effectively than the US gub'mint. AOL and MSN are advertising its new kid-friendly services with spam filters. I don't want that, but they know there is a BIG demand for a "walled garden" away from the raw internet.

    3. Re:More anti-government ranting... by Anonymous Coward · · Score: 0

      If you are waiting for someone to do something for you (i.e. Microsoft) then you are going to be waiting for a long time. I didn't wait for Moses, I simply set up a Linux-based e-mail box using postfix (as the MTA), fetchmail (to grab mail from my Intenret pop3 accounts), spamassassin (to filter the incoming mail), and I download the filtered mail from that same server to either my Mac (or XP PC) via an encrypted tunnel. Simple. Effective. And it provides greater than 90% filtering *in the default configuration* and there are tools to make it even more effective.

      So stop bitching about people bitching and DO SOMETHING. It's free. You have no excuse.

      I don't want the government in my e-mail when I can fix a problem on my own.

    4. Re:More anti-government ranting... by theghost · · Score: 0, Flamebait

      He used more logic in his rebuttal than you did in both of your posts. You got schooled, now either shut up and take it like a man or reply with an actual argument.

      Your general government sucks line does not show how this specific law sucks. What is this fabled technological solution you seem to think exists?

      And while i'm at it: If you stick your head so far up your ass that it comes out of your mouth again, does the resulting paradox rip asunder the very fabric of space and time?

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    5. Re:More anti-government ranting... by theghost · · Score: 1

      Yet another head-up-the-ass technophile.

      Your solution is not simple (can your grandma set it up?) and it will be overcome by the spammers eventually. Technological solutions have technological circumventions. We're not going to win this "arms race" unless it's too expensive for the spammers to compete. Laws, fines, and the threat of prison time are what make that happen.

      This law may not be perfect, it may even be a step backward compared to some state laws, but it's a starting place. Keep your technological solution in place and maybe this law will grow into a more useful tool to complement yours.

      P.S. - This law does not put the gov't in your email - there's no snooping involved.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    6. Re:More anti-government ranting... by Anonymous Coward · · Score: 0

      Congratulations. Perhaps you also advocate victims of burglary to "stop thinking about it". Yeah, that's just as effective.

      Your "solution" shows that you have given up, and let the spammers win. "Just ignore the fact that they're stealing your bandwidth. As long as you don't see it, it's not happening."

    7. Re:More anti-government ranting... by beakburke · · Score: 1
      "Your solution is not simple (can your grandma set it up?)"

      No, but under his solution grandma isn't supposed to set it up, it's the ISP that does. The problem with SPAM isn't that we get some, (except maybe for the parent trying to filter porn) its the sheer volume of junk and the bandwidth it consumes. I favor RMX records (with bayesian side client filters) because it requires the least amount of change to the system. It's is useful incrementally, so you don't have to upgrade the whole system at once. ISP's and users who use the system get benefits, but it doesn't break the system for those who do not add RMX records to their domain. Here is a good link, i believe it was sited in a recent slashdot story. http://www.mikerubel.org/computers/rmx_records/

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
    8. Re:More anti-government ranting... by theghost · · Score: 1

      I don't think you are reading the same post i am. He didn't say ISPs should do this, he said this is what HE does and implying that WE should all do this instead of passing laws about spam.

      It doesn't matter if your solution is technologically better than his solution, it still continues the same arms race. It also doesn't matter if you move your solution to the ISP level - same results there.

      I'm all for cool technological ways to deal with the spam that's out there, but i think we also need to be decreasing the overall amount of spam - deterrence, not defense. That's where the laws come in.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    9. Re:More anti-government ranting... by fiannaFailMan · · Score: 1

      Quite right! The government always fails at absolutely everything it does! Let's abolish laws completely and return to the jungle shall we?

      --
      Drill baby drill - on Mars
    10. Re:More anti-government ranting... by fmaxwell · · Score: 2, Insightful

      I don't want the government in my e-mail when I can fix a problem on my own.

      You didn't fix it. You're just another spam ostrich. You've buried your head in the sand so that you can't see the spam, but it's still sent to you. It's still wasting your bandwidth and your ISP's bandwidth. And that means that you are paying for it. All that you've done is decide that you are not going to be a part of the community that tracks spammers down and turns them in to get their Internet access pulled.

    11. Re:More anti-government ranting... by Anonymous Coward · · Score: 0
      Yet another head-up-the-ass liberal pansy who wants government to do everything for him. What I have done is far more than you have and that seems apparent to me. I fail to see how taking a proactive stance and delaing with the SPAM I get in my inbox is better than crying to some politician and begging to have something done.

      Get motivited and deal with it. And as for all that clearly marked SPAM that I how house I may turn bounty hunter and dig up the source where I can and turn them in. When I feel like it. As for you you'll still be on your knees begging for some lawmaker to fix everything for you. Good luck, loser.

    12. Re:More anti-government ranting... by fmaxwell · · Score: 1

      The free market is (slowing) solving this problem more effectively than the US gub'mint.

      If it is being "solved", then why does the amount of spam traffic continue to increase? Hiding the spam from the intended recipients isn't solving the problem. The problem is that spammers are stealing from you, me, and every other Internet user. ISPs pay for the unwanted spam bandwidth, storage, processing, and personnel to process complaints and maintain anti-spam filtering. Then they pass the costs on to users. At companies, it means that valuable IT staff members spend their time fighting spam rather than supporting the companies' core business functions. Employees see, read, respond to, and complain about the spam that does get through, wasting time that they could be spending on their duties. That means less profitability. Want to know one likely reason your paycheck isn't bigger? Spam.

    13. Re:More anti-government ranting... by fmaxwell · · Score: 1

      Thanks for using logic and points as opposed to abusive language and blanket statements in your argument.

      You're welcome. By the way, abusive and vulgar are not the same. I attacked your arguments, not you.

      I presented logical arguments and you refused to address them. Let's try again:

      1. Why shouldn't we outlaw acts which are unethical and cost victims time and money? Should we legalize car theft and tell people that they should employ technological means to stop it?

      1a. Has the fact that car theft is illegal stopped people from installing car alarms or stolen vehicle tracking systems? No. So why would outlawing certain types of spam prevent you from deploying your unspecified technical solution?

      2. If technology can solve the spam problem, why hasn't it? Spam continues to get worse and you anti-government types keep telling us to believe in the technology fairy to solve the problem. Well, we've waited long enough. If you've got a solution, roll it out. Otherwise, keep quiet and let the grown-ups talk.

      Yes, because the government has done so well with education,

      Maybe if right-wingers weren't taking money away from schools and teachers by demanding tax cuts, public schools could perform better.

      substance abuse,

      Don't blame the government for the actions of people like Rush Limbaugh.

      border protection, corporate abuse, and the economy.

      So what are you saying? That we should legalize border crossings and corporate abuse, allowing private-sector vigilantes to deal with the problems? Are you saying that the Bush administration is responsible for the poor economy? Should we abolish the Federal Reserve? What's your point? Or do you believe that the cable television and airline industries are shining examples of how the consumer benefits when government regulation ceases?

    14. Re:More anti-government ranting... by theghost · · Score: 1

      You are obviously living in some techno-elite fantasy where those who can't deal with the spam problem on their own should be barred from using email. It's must be lonely there with noone to talk to and nothing to do but kiss your own ass.

      I can deal with the spam that gets sent my way. Unlike you, rather than just sitting around investigating my own colon and praising myself on its technical superiority, i'm motivated to help others deal with their spam problems. I'll do that by encouraging the government (through direct involvement if needed) to keep revising the anti-spam laws until they protect ordinary citizens from the scammers and nuisances, and by encouraging ISPs and other tech companies to come up with technical fixes as well.

      Try pulling your head out for a while and doing something to help someone else.

      (And while you're at it, use your own fucking account you karma-whoring coward. AC is for people who want or need to protect their identity, not for pansies who can't stand by their words.)

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    15. Re:More anti-government ranting... by Anonymous Coward · · Score: 0

      You are a big man and I fear you. Yeah, right! Loser.

    16. Re:More anti-government ranting... by theghost · · Score: 1

      Oh wait - nevermind. I just realized i am dealing with a child.

      I'm sorry if i frightened you with my big bad words. My tone WAS rather confrontational and i can understand how a little kid like you could misinterpret that to be some sort of threat that you ought to fear! It's ok. Don't cry.

      And what a brave little man you are to respond to those "threats" with insults and sarcasm that hid your fear! "Loser." That was a really clever insult for such a little tyke! Did you have to ask your mommy to help you spell it?

      Have a nice life little troll.

      --
      The only thing necessary for the triumph of evil is that good men do nothing.
    17. Re:More anti-government ranting... by Anonymous Coward · · Score: 0

      You are funny.

    18. Re:More anti-government ranting... by Anonymous Coward · · Score: 0

      I was right! I called you a liberal pansy even before I read your bio on slashdot. Here's my proof of the liberal pansy in your own words:

      "Unabashedly Liberal - Feminist, Gay Rights Advocate, Affirmative Action Supporter, the whole 9."

      Actaully, I could have dealt with "liberal" and "pansy" as two different labels. I think we've got the liberal labed taken care of and M-W defines a pansy as "an effeminate man" and I think you've got that covered too.

      And when I called you a loser.. wow, I got massive amounts of confirmation on that point. Here is my favorite line:

      "Do you think it's possible that one day accounts like these will be collectors' items? Perhaps if i hold on to it i can finance my nephew's college education with it."

      Oh my God!! Yes, Houston, we have the loser on radar. I'm not even going to touch that dork/geek/loser manifesto you wrote though there is plenty of "loser status" ammo there as well.

      I'm laughing so hard I'm crying. More flower power to ya, theghost. or james. or whatever your name is.

    19. Re:More anti-government ranting... by Anonymous Coward · · Score: 0

      I was right! I called you a liberal pansy even before I read your bio on slashdot. Here's my proof of the liberal pansy in your own words:

      "Unabashedly Liberal - Feminist, Gay Rights Advocate, Affirmative Action Supporter, the whole 9."

      Actually, I could have dealt with "liberal" and "pansy" as two different labels. I think we've got the liberal label taken care of and M-W defines a pansy as "an effeminate man" and I think you've got that covered too.

      And when I called you a loser.. wow, I got massive amounts of confirmation on that point. Here is my favorite line:

      "Do you think it's possible that one day accounts like these will be collectors' items? Perhaps if i hold on to it i can finance my nephew's college education with it."

      Oh my God!! Yes, Houston, we have the loser on radar. I'm not even going to touch that dork/geek/loser manifesto you wrote though there is plenty of "loser status" ammo there as well.

      I'm laughing so hard I'm crying. More flower power to ya, theghost. or james. or whatever your name is.

  57. I don't get it! by bfree · · Score: 1
    It says 1st January not 1st April but then it says:
    This Act may be cited as the `Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the `CAN-SPAM Act of 2003'.
    Is this a Pythonesque joke or not?
    --

    Never underestimate the dark side of the Source

  58. Easy to filter...? by smackman · · Score: 1

    Actually, the interesting bit to me when I read the Spamhaus article entitled, "United States set to Legalize Spamming on January 1, 2004", was that it ought to be awfully easy to filter spam if it must contain some text (and a link?) about how to opt-out. As long as it's clear what is spam and what is not spam, then the probably is almost completely solved.

    1. Re:Easy to filter...? by zaren · · Score: 2, Insightful

      ...it ought to be awfully easy to filter spam if it must contain some text (and a link?) about how to opt-out. As long as it's clear what is spam and what is not spam, then the probably is almost completely solved...

      Sure, that would be the solution...

      if spammers gave a rat's ass about the law in the first place.

      Spammers are liars. Spammers are thieves. Spammers are already violating the laws in over 27 US states, as well as several other countries. What makes you think that they're suddenly going to change their ways and abide by a law that's designed to be all but unenforceable (citizens can't sue, only ISPs or state AGs)?

      Case in point: last week, I created a mail alias for my university account, and used it for an "unsubscribe" link in a spam that I received. (Also known as "opting out", even though that alias wasn't opted IN to anything in the first place.) Today, that alias got it's first spam.

      I'm actually surprised that it took so long. The site spamvertized is in .to, DNS and hosting is in .ch, and NO info kicks back from SamSpade about who registered the domain (if anyone can dig up info on beam.to, I'd appreciate it).

      Do you really think that a spammer like this is going to suddenly identify himself just because the US passed an anti-spam law?

      --
      Come to the University of Mars! Classes starting soon!
  59. lets just change the protocol by defwu · · Score: 1

    And make all mail resident on the sender's server, instead of the current store and forward. You would be inundated with the same number of messages, but they would be small references to the location of the actual data, which would obvously need to be a 'real' location, thus making it traceable. Any server that received a messaeg that could not be reversed would be refused. This way, the ISPs can stop bitching about the amount of mail they have to store, and you can start writing filters to filter out the reverse lookups. all flames are automatically redirected to /dev/null

    --
    If at first you don't succeed, redefine 'success'
    1. Re:lets just change the protocol by Anonymous Coward · · Score: 0

      Looks good until you realize that most people use POP to get there email from their ISP and the ISP must keep an SMTP server online to receive the email. Meanwhile, those POP3-at-home-smucks are the target market for spam.

      In theory it might help the people with their own SMTP server like businesses but for how long...

    2. Re:lets just change the protocol by pato+perez · · Score: 1

      The problem with that is that when the message they send phones home, they will know who you are & where you are; spammers are already doing this to some extent by including images and unique urls in their messages.

    3. Re:lets just change the protocol by nexus987 · · Score: 1

      Replacing SMTP with another protocol and widely implementing that protocol is never going to happen in our lifetimes. Just look at IPv6. Get a clue. Whitelisting with something like TMDA or ASK (active spam killer) is the way to go. (And no, two systems properly implementing whitelisting won't loop.)

  60. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    Isn't it a sad commentary on the state of our nation that we are powerless and that our only outlet is this?

  61. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    The complaint didn't have anything to do with Bush at all. The complaint is that the new law doesn't have any teeth at all and won't make a difference. That doesn't have anything to do with Bush, so stop your whining.

    I bet you're one of the people who believe in the "LIBERAL MEDIA!!!" myth and that conservatives are being oppressed, eh?

  62. Government Auctions by Terov · · Score: 1

    Well there'll soon be a new source for cheap IT products :)

    "(2) PROCEDURES- The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section."

    Looking forward to it.

    --


    ---
    All your old jokes are belong to sigs.
  63. Wait...just...one...minute! by burgburgburg · · Score: 1
    First off: Shatner, since when do you post to /.?

    Second off, we've lost the wars on drugs, poverty, and terror? Why didn't somebody tell me? I'm going to go spend my last dollar on drugs to help alleviate the overwhelming terror I feel.

  64. Re:Please opt-out - 10,000 times by The+Angry+Mick · · Score: 1

    Not just every company, but also every division within that company. There won't likely be any "opt me out once and for all" clauses.

    I expect that I'll be limbering up my "Delete" button over the next few weeks in anticipation of the onslaught.

    --

    I'm not tense. I'm just terribly, terribly, alert.

  65. Law for Spammers = bad for me! by NoSuchGuy · · Score: 1

    No they can spam everybody legimate if they stick to the new rules.

    my spamcount: 265 spam since Dec 3

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
    1. Re:Law for Spammers = bad for me! by Anonymous Coward · · Score: 0

      Some will stick to the rules; most won't.

      my spamcount: 0 since I can't remember when

  66. Bounty hunters? by Limburgher · · Score: 1
    We don't need those scum. :)

    Seriously, sign me up.

    --

    You are not the customer.

  67. This should be interesting... by Odin_Tiger · · Score: 1

    "and to include opt-out instructions and the sender's physical address" Now it will be infinitely easier to counter attack email spammers with "paper spam".

    --
    Unpleasantries.
  68. One of the names is accurate by Anonymous Coward · · Score: 1, Insightful

    Patriot "Act"

  69. do not email registry by kayen_telva · · Score: 1

    looks like a do not email registry will not happen until at least next September:

    (b) AUTHORIZATION TO IMPLEMENT- The Commission may establish and implement the plan, but not earlier than 9 months after the date of enactment of this Act.

    it will be interesting to see who is in charge of such a list

    1. Re:do not email registry by happyfrogcow · · Score: 1

      my guess is yahoo... and they will have the right to modify the list without notifying you at any time in the future.

  70. Forget Spam... it's "Spim" I hate the most... by BTWR · · Score: 1

    I don't like Spam, but I can't STAND spim! I use aim and now like 5 times a day I get IM's from "horny 18 y/o coeds who want me to check out their webcams." It's so freakin annoying. Plus, there doesn't seem to be a way to filter them out, unlike spam. Damn it. And unlike email, which changes every few years anyway, I really don't want to change my aim screenname - I've had it for 11 years now. Damn it Damn it Damn it...

    1. Re:Forget Spam... it's "Spim" I hate the most... by EmagGeek · · Score: 1

      Uh, it's called "Allow only those on my buddy list"

    2. Re:Forget Spam... it's "Spim" I hate the most... by Anonymous Coward · · Score: 0
    3. Re:Forget Spam... it's "Spim" I hate the most... by BTWR · · Score: 1

      yeah but at least once a month I get a new buddy from someone in my class or a friend-of-a-friend. Most friends of mine aren't computer saavy, and if they can't get through the first time they'll assume I'm ignoring them or trying to specifically block them.

    4. Re:Forget Spam... it's "Spim" I hate the most... by WayTooOldForThis · · Score: 1

      And just think how rejected all those horny coeds would feel!

    5. Re:Forget Spam... it's "Spim" I hate the most... by Anonymous Coward · · Score: 0
      Take yourself out of the AIM directory. Specifically, go to "Edit Profile..." and uncheck "Allow People to Search for Me" and "I am available for Chat."

      This will stop most of those annoying messages, because I don't think these "spimmers" bother to keep a database of AOL Screen Names - they just lookup whoever is online now. The downside is, normal people won't be able to find you either.

      Personally, I started getting spims minutes after I put some info into that darn profile, and stopped getting them as soon as I took it out.

  71. I don't get any Spam by GrahamMastaFlash · · Score: 1
    ..because I've never given my real address out to anybody I didn't trust. Oh sure, my old AOL address gets hundreds a day, but the school address gets none. ZERO. No Spam. And my school sure as hell doesn't offer any spam filters.

    In the past it was on a few Spam lists, but I opted out of those and now I don't get anything. So, if you're careful, Spam won't affect you at all!

    Anybody else finding success with the 'chastity' approach?

    1. Re:I don't get any Spam by Anonymous Coward · · Score: 0

      I used to have an address that got no spam. I gave it out only to friends I trusted. Then, one "friend" started this funny business of forwarding every damned joke he ever saw on the net to everybody in his address book. AND, he sent the mail without using BCC!!! Within a couple of weeks I started getting spam. After chewing his ass out and getting an apology, I quit speaking to him. (plus signing him up for every repulsive thing I could find on the net)

    2. Re:I don't get any Spam by Anonymous Coward · · Score: 0

      You are spot on with this one.

      I've got addresses on Earthlink, MSN, Hotmail, Yahoo, and four different school-administered addresses.

      In the past 3 years, only the MSN one has gotten _any_ spam.

      (My AOL one, ChunkyLover53@aol.com (all one word), was doing okay until somebody kept emailing me thinking I was some guy named Homer.)

  72. Article is a troll by Anonymous Coward · · Score: 0

    Federal Law cannot preempt state laws that are stronger than the federal law.

  73. Screw the spammers... Charge/sue their clients. by crovira · · Score: 2, Insightful

    Then the issue will quickly go away.

    If the spammer's customer's have to pay the USPS or some guv'mint agency a dollar per email they send out, and maybe a day in jail per million spam emails, its cheaper and smarter to use smail mail. And most of them won't anyway.

    The best way to get rid of spamers is to squeeze their customers.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  74. Re:Please opt-out - 10,000,000 times by srleffler · · Score: 1

    No, you would have to opt out for every division of every company that spams you. And the spammers are perfectly free to create a new "division" for each spam campaign. The opt-out provisions in this law are really utterly worthless. No wonder they called it the "can spam" act. It tells everyone that they can spam you all they want.

  75. Still the wrong date. by Tackhead · · Score: 5, Funny
    > It may go into effect on January 1, but expect spammers to treat it like April 1.

    I believe you've confused "April 1st" with "December 25th".

  76. I wonder... by notyou2 · · Score: 1

    When/what was the first mention of the word "internet" in US law? Anybody?

  77. Aaaaargh! by Hank+Reardon · · Score: 0, Offtopic
    Legalese... Burns... Eyes!

    Must... Patiently... Wait for... PJ.

    :)

    --
    There's so little difference between politics and jihad lately...
  78. Re:Please opt-out - 10,000 times by wafath · · Score: 1

    Um, no. The law says that the spammer must provide an opt out method, but it does not standardize it. It just says that that they must provide "a functioning return electronic mail address or other Internet-based mechanism".

    So your opt out method in the email could be something so arcane and difficult that only a handfull of people could do it. (e.g., a secure corba call via an unpublished IDL. Or clicking on a series of web pages that require you to download more than 10G of advertisements before you get to the opt-out link.) And they can change it 30 days later to something even more assinine.

    Most spammers won't do it. But some will. opting out can be more painfull than the spam itself because they didn't standardize it. Thank you congress.

    W

  79. Re:You must be kidding me by Hank+Reardon · · Score: 0, Offtopic

    Offtopic my ass... Had I not already posted, +1 Insightful.

    --
    There's so little difference between politics and jihad lately...
  80. CAUCE's response by dmuth · · Score: 4, Informative

    CAUCE's response to the law can be read here.

    A copy of the final version of the law can be found here.

    According to CAUCE, the law was passed without any public hearings. What a shame.

  81. Take a bite out of freedom by E1v!$ · · Score: 1

    there is a substantial government interest in regulation of commercial electronic mail on a nationwide basis

    Why don't we just take care of this ourselves? The net is global. Unless the US-G want's to put a big spam filter on all incoming lines, I'd guess any 'regulation' would result in a reduction of freedom for those of us living here in the states.

    Jezz, I should'a voted Democrat.

  82. Postal Address by Devil's+BSD · · Score: 1

    I'm glad that this law requires unsolicited email senders (aka spammers) to send their physical postal address location along with the spam. I imagine that soon, message boards will be popping up with lists of all known spammers... Of course, being the noble /.ers we are, we would never sign anyone up for any magazines or stuff that they didn't want... even if they were spammers.

    --
    I'm the Devil the Windows users warned you about.
    1. Re:Postal Address by taustin · · Score: 2, Insightful

      Since those addresses will all be in China, Korea, or South America, it will hardly matter.

      Like spammers who are already committing wire fraud with ever run are going to care about a new law that won't be enforced.

  83. PLEASE HELP (Funny?) by Chuck+Bucket · · Score: 0, Offtopic

    URGENT ASSISTANCE - FROM USA
    IMMEDIATE ATTENTION NEEDED: HIGHLY CONFIDENTIAL
    FROM: GEORGE WALKER BUSH 202.456.1414 / 202.456.1111 FAX: 202.456.2461

    DEAR SIR / MADAM,

    I AM GEORGE WALKER BUSH, SON OF THE FORMER PRESIDENT OF THE UNITED
    STATES OF AMERICA GEORGE HERBERT WALKER BUSH, AND CURRENTLY SERVING AS
    PRESIDENT OF THE UNITED STATES OF AMERICA. THIS LETTER MIGHT SURPRISE
    YOU BECAUSE WE HAVE NOT MET NEITHER IN PERSON NOR BY CORRESPONDENCE. I
    CAME TO KNOW OF YOU IN MY SEARCH FOR A RELIABLE AND REPUTABLE PERSON TO
    HANDLE A VERY CONFIDENTIAL BUSINESS TRANSACTION, WHICH INVOLVES THE
    TRANSFER OF A HUGE SUM OF MONEY TO AN ACCOUNT REQUIRING MAXIMUM
    CONFIDENCE.

    I AM WRITING YOU IN ABSOLUTE CONFIDENCE PRIMARILY TO SEEK YOUR
    ASSISTANCE IN ACQUIRING OIL FUNDS THAT ARE PRESENTLY TRAPPED IN THE
    REPUBLIC OF IRAQ. MY PARTNERS AND I SOLICIT YOUR ASSISTANCE IN
    COMPLETING A TRANSACTION BEGUN BY MY FATHER, WHO HAS LONG BEEN ACTIVELY
    ENGAGED IN THE EXTRACTION OF PETROLEUM IN THE UNITED STATES OF
    AMERICA,AND BRAVELY SERVED HIS COUNTRY AS DIRECTOR OF THE UNITED STATES
    CENTRAL INTELLIGENCE AGENCY.IN THE DECADE OF THE NINETEEN-EIGHTIES, MY
    FATHER, THEN VICE-PRESIDENT OF THE UNITED STATES OF AMERICA, SOUGHT TO
    WORK WITH THE GOOD OFFICES OF THE PRESIDENT OF THE REPUBLIC OF IRAQ TO
    REGAIN LOST OIL REVENUE SOURCES IN THE NEIGHBORING ISLAMIC REPUBLIC OF
    IRAN. THIS UNSUCCESSFUL VENTURE WAS SOON FOLLOWED BY A FALLING-OUT WITH
    HIS IRAQI PARTNER, WHO SOUGHT TO ACQUIRE ADDITIONAL OIL REVENUE SOURCES
    IN THE NEIGHBORING EMIRATE OF KUWAIT, A WHOLLY-OWNED U.S.-BRITISH
    SUBSIDIARY.

    MY FATHER RE-SECURED THE PETROLEUM ASSETS OF KUWAIT IN 1991 AT A COST OF
    SIXTY-ONE BILLION U.S. DOLLARS ($61,000,000,000). OUT OF THAT
    COST,THIRTY-SIX BILLION DOLLARS ($36,000,000,000) WERE SUPPLIED BY HIS
    PARTNERS IN THE KINGDOM OF SAUDI ARABIA AND OTHER PERSIAN GULF
    MONARCHIES, AND SIXTEEN BILLION DOLLARS ($16,000,000,000) BY GERMAN AND
    JAPANESE PARTNERS. BUT MY FATHER'S FORMER IRAQI BUSINESS PARTNER
    REMAINED IN CONTROL OF THE REPUBLIC OF IRAQ AND ITS PETROLEUM RESERVES.

    MY FAMILY IS CALLING FOR YOUR URGENT ASSISTANCE IN FUNDING THE REMOVAL
    OF THE PRESIDENT OF THE REPUBLIC OF IRAQ AND ACQUIRING THE PETROLEUM
    ASSETS OF HIS COUNTRY, AS COMPENSATION FOR THE COSTS OF REMOVING HIM
    FROM POWER. UNFORTUNATELY, OUR PARTNERS FROM 1991 ARE NOT WILLING TO
    SHOULDER THE BURDEN OF THIS NEW VENTURE, WHICH IN ITS UPCOMING PHASE MAY
    COST THE SUM OF 100 BILLION TO 200 BILLION DOLLARS ($100,000,000,000
    -$200,000,000,000), BOTH IN THE INITIAL ACQUISITION AND IN LONG-TERM
    MANAGEMENT. WITHOUT THE FUNDS FROM OUR 1991 PARTNERS, WE WOULD NOT BE
    ABLE TO ACQUIRE THE OIL REVENUE TRAPPED WITHIN IRAQ. THAT IS WHY MY
    FAMILY AND OUR COLLEAGUES ARE URGENTLY SEEKING YOUR GRACIOUS
    ASSISTANCE. OUR DISTINGUISHED COLLEAGUES IN THIS BUSINESS TRANSACTION
    INCLUDE THE SITTING VICE-PRESIDENT OF THE UNITED STATES OF AMERICA,
    RICHARD CHENEY,WHO IS AN ORIGINAL PARTNER IN THE IRAQ VENTURE AND FORMER
    HEAD OF THE HALLIBURTON OIL COMPANY, AND CONDOLEEZA RICE, WHOSE
    PROFESSIONAL DEDICATION TO THE VENTURE WAS DEMONSTRATED IN THE NAMING OF
    A CHEVRON OIL TANKER AFTER HER. I WOULD BESEECH YOU TO TRANSFER A SUM
    EQUALING TEN TO TWENTY-FIVE PERCENT (10-25 %) OF YOUR YEARLY INCOME TO
    OUR ACCOUNT TO AID IN THIS IMPORTANT VENTURE. THE INTERNAL REVENUE
    SERVICE OF THE UNITED STATES OF AMERICA WILL FUNCTION AS OUR TRUSTED
    INTERMEDIARY. I PROPOSE THAT YOU MAKE THIS TRANSFER BEFORE THE FIFTEENTH
    (15TH) OF THE MONTH OF APRIL. I KNOW THAT A TRANSACTION OF THIS
    MAGNITUDE WOULD MAKE ANYONE APPREHENSIVE AND WORRIED. BUT I AM ASSURING
    YOU THAT ALL WILL BE WELL AT THE END OF THE DAY. A BOLD STEP TAKEN SHALL
    NOT BE REGRETTED, I ASSURE YOU. PLEASE DO BE INFORMED THAT THIS BUSINESS
    TRANSACTION IS 100% LEGAL. IF YOU DO NOT WISH TO CO-OPERATE IN THIS
    TRANSACTION,PLEASE CONTACT OUR INTERMEDIARY REPRESENTATIVES TO FURTHER
    DISCUSS THE MATTER. I PRAY THAT YOU UNDERSTAND OUR PLIGHT. MY FAMILY
    AND OUR COLLEAGUES WILL BE FOREVER GRATEFUL.

    PLEASE REPLY IN STRICT CONFIDENCE TO THE CONTACT NUMBERS
    BELOW.

    SINCERELY WITH WARM REGARDS, GEORGE WALKER BUSH

  84. Re:Please opt-out - 10,000 times by Skweetis · · Score: 2, Interesting
    Reading the linked text of the law (yeah, I know, I know...) it looks like a "Do-Not-Spam List" will be created before July 1, 2004, similar to the national Do-Not-Call List. So you should only have to opt-out once.

    I read over most of this law, and there doesn't seem to be anything unreasonable in it. Certainly nothing the DMA would want, does anyone have any proof of the claim that they drafted it?

  85. Re:Please opt-out - 10,000 times by Anonymous Coward · · Score: 0

    Ofcourse they will do a reorg every day :D

  86. I'd rather have spam than this law by Anonymous Coward · · Score: 1, Interesting

    I fear that this will not affect penis-enlargement spam but instead will be used to suppress mass e-mail dissent. China has a very similar law which prohibits the spread of 'false information'. Since the government defines what the 'truth' is, any antigovernment speech is automatically outlawed. In America, coprporations control the 'truth' through the corporate media as well as the government. Thus I predict in the future that anyone who sends anti-corporate or pro-union (for example) mass emails will be penalized under this law.

  87. Can spam protest by onyxruby · · Score: 1

    How about a simple enough protest of the can spam law? Buy a can of Spam and mail it to your congress critter or the Direct Marketing Association.

    Direct Marketing Association
    Washington D. C. Office
    1111 19th Street, N.W.
    Washington, D.C. 20036-3603
    Telephone: 202.955.5030
    Fax: 202.955.0085

    This website will give you the address of your congress critters address when you put in your zip code. Just to play it safe I went to the USPS website and checked their prohibited items list(warning PDF) and canned meat isn't on it.

  88. +5 insightful? Re:Opt-in for all email... by WolfWithoutAClause · · Score: 1, Insightful
    Opt-in or opt-out is irrelevant. Spam is not about that; it's a complete red-herring.

    It's about people sending mail to millions of people, without the recipients being able to express a general preference at all.

    I mean I get maybe 80-200 pieces of spam a day; but I bet you anything if I started to indicate my preference to not get it, by replying to it or clicking on the opt-out, I'd get even more spam. In practice that means I don't have any way of specifying it at all.

    Don't you want to be able to receive legitimate e-mail from people you haven't met yet?

    Define 'legitimate' and I will tell you. Actually, don't bother, I can tell that your definition would almost certainly suck.

    Perhaps someone wants to write you a note about your web site. Or maybe someone read an article that you wrote and would like to discuss it. Or maybe an old friend from high school wants to send you an e-mail out of the blue.

    Perhaps this 'someone' who wants to write a note about my website found it via automated search and wants to send me mail about this amazing new product they have 'discovered'? This 'old friend' suddenly wants to send me an e-mail out 'of the blue'. Uh huh. And how did they find me exactly? How do I know they are who they say the are? Looking online, reading my email, I'm clearly the most popular guy ever! And all of these high school friends of mine, girls wearing hardly any clothes all want to be my friend. Funny that, I went to a single sex school... and it wasn't a high school.

    If there was one or more centralised repositories for recording preferences for email, and the spammers actually used it, it wouldn't matter if it was opt-in or opt-out at all. I wouldn't care. The point is that there is no such thing, even if there was the spammers wouldn't use it, and the current pretense that all spam has opt-out is just that, pure pretense.

    It seems to me you just haven't got it, you haven't even understood the merest outline of the problem.

    --

    -WolfWithoutAClause

    "Gravity is only a theory, not a fact!"
    1. Re:+5 insightful? Re:Opt-in for all email... by devonbowen · · Score: 2, Insightful
      Define 'legitimate' and I will tell you. Actually, don't bother, I can tell that your definition would almost certainly suck.

      I would define legitimate email as email from someone that has personal knowledge of you and wants to communicate something to you. In other words, you are not just a random address in a database. Could be a potential employer, an old friend, whatever, as long as they have a personal intent to contact you. Sure, this definition doesn't stop crackpots that are stalking movie stars, but it seems to cover most reasonable cases.

      Devon

    2. Re:+5 insightful? Re:Opt-in for all email... by WolfWithoutAClause · · Score: 1
      I would define legitimate email as email from someone that has personal knowledge of you and wants to communicate something to you.

      Knowing somebodies name or email address is personal knowledge of them. Having personal intent to contact someone doesn't preclude them wanting to send them commercial advertisements.

      In other words, you are not just a random address in a database.

      And you would prove this how?

      Could be a potential employer

      Ok, so spam for head hunting purposes is Ok? No. Rubbish definition.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    3. Re:+5 insightful? Re:Opt-in for all email... by macshit · · Score: 2, Insightful
      It's obvious that spamsters will attempt to abuse any system that allows email from strangers.

      However that doesn't invalidate his point, which is that in some cases mail from `strangers' is legitimate, and you would be pissed if you missed it.

      Some recent examples:
      • I got mail from my former stockbroker about , who thought email might be a better way to contact me than snail mail (she apparently got my email address from my Mom!) -- and she was right, it is more convenient.
      • I recently received email out of the blue from some old college friends I haven't heard from in many, many, years.
      • Since I work on free software, my email address is `out there', and I fairly frequently receive email from people that want to ask a question, which I'm happy to answer.

      Obviously in all of these cases, there's some kind of previous association, but it's tenuous enough that any system requiring an opt-in from me is more than likely going to fail, and drop their email -- which would piss me off (and yes, it would piss me off more than spam, which I find mostly controllable via content filtering).
      --
      We live, as we dream -- alone....
    4. Re:+5 insightful? Re:Opt-in for all email... by WolfWithoutAClause · · Score: 1
      It's obvious that spamsters will attempt to abuse any system that allows email from strangers.

      More generally. Spammers will attempt to abuse any system. Period.

      You're missing the point I make though. I'm really saying that 'association' is such a vague concept as to be completely without utility as a way of deciding whether a mail is spam or not.

      Your examples are perfectly valid cases in which people contacted you out of the blue, but you seem to be thinking that my position is pro opt-in. I neither think opt-in nor opt-out has any merit on its own.

      My position is that banning of bulk unsolicited email is required. Email that is solicited, or is not bulk does not require restrictions.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    5. Re:+5 insightful? Re:Opt-in for all email... by dasmegabyte · · Score: 3, Interesting

      Actually, don't bother, I can tell that your definition would almost certainly suck.

      I don't know about his definition of it, but mine is pretty good. I've gotten my last three jobs because of email from people I didn't know. Former co-workers had referred me...co-workers whose current addresses I don't know. If email were opt-in, I'd probably still be fixing printers for $8 an hour.

      And let's not forget this one: you email help@somecompany.com and get a personal response from JoeTheThirdLevelTech@somecompany.com. Guess what? Your email server bounces it. No help for you, opt-in boy!

      Webslum, and hundreds of other businesses, rely on email as its sole infallible point of contact between customers, potential customers, and the supply chain. There's no way we'd survive opt-in only. We'd have to use a new method of contact that was wide open, like IM...and then the spammers would just use that!

      And lastly: your girlfriend visits her uncle's house, and can't get her email working. She misses you, and sends a message from his account. You don't respond, so she sends another. Now she's pissed. Your smug opt-in ass has no way to reach her.

      Opt-in only is the most retarded idea I've ever heard for the problem of spam aside from the email tax (buhahahahaha). It's throwing out the baby, the bathwater, and a whole bunch of other shit to solve a comparably minor problem.

      --
      Hey freaks: now you're ju
    6. Re:+5 insightful? Re:Opt-in for all email... by WolfWithoutAClause · · Score: 1
      Opt-in only is the most retarded idea I've ever heard for the problem of spam aside from the email tax (buhahahahaha). It's throwing out the baby, the bathwater, and a whole bunch of other shit to solve a comparably minor problem.

      What we have here is a failure to communicate.

      Opt-in is the general name for any scheme where you have to express a positive preference for any class, source or type of email you can receive. It does NOT mean that you have to say that you only allow mail from a small shortlist of people; although that is one specific, narrow, and not very useful form of opt-in.

      Incidentally, your posting doesn't actually include any useful definition of 'legitimate email'; so I am unable to say how 'good' your definition actually is, unless you think that 'job offers' are the only form of acceptable unsolicited email. Hardly a general rule I would have said.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    7. Re:+5 insightful? Re:Opt-in for all email... by JuggleGeek · · Score: 1
      Spamfighters on NANAE have used the terms "consorscient" and "consorscience" to describe mail that may be bulk (though it's normally more one-on-one). That's what you are trying to describe.

      I was surprised that when I plugged it into Google, there were zero hits.

      Here is a link to the groups.google.com archive of a post in NANAE about it.

      I'll cut-n-paste the definition below.

      Consorscience - (L. _consortium_, partnership, + _scientia_, knowledge) n. 1. The act of sharing information known to be of mutual interest, relevant, and specific to all persons participating, and/or strongly and reasonably believed to be desirable to each recipient based on a common purpose of intimacy or shared activities or pastimes, such that a mutually enjoyable dialogue is likely to ensue between participants. 2. A state of sharing such information.

      consorscient - n. 1. One who participates in consorscience. adj. 2. Engaging in consorscience.
      3. Having the qualities of mutually interesting information and common purpose inherent in consorscience.

      consorscienate - v. 1. to engage or participate in consorscience.

    8. Re:+5 insightful? Re:Opt-in for all email... by JuggleGeek · · Score: 1
      Opt-in only is the most retarded idea I've ever heard for the problem of spam aside from the email tax (buhahahahaha). It's throwing out the baby, the bathwater, and a whole bunch of other shit to solve a comparably minor problem.

      You're confusing opt in with white listing.

    9. Re:+5 insightful? Re:Opt-in for all email... by dasmegabyte · · Score: 1

      The problem with your system is that it requires a unifying standard for "classes," sources, and types of email. This can either be a) set by the sender, in which case it is utterly useless or b) set by a third party, who is going to read your email. Otherwise, nothing stops the spammers from sending "correspondence" class email from a regular source of type "urgent notice to friend."

      Here's a definition of legitimate email for you. Legitimate email is anything you are not angry to have received. It is a bullshit concept, because NOBODY can properly classify these emails except for you. There's no digital process able to discern between valid, interesting emails of an opted in "class" and the same old boring shit. Check that you're interested in "job offers" in "consulting" and mostly you'll get offers to WORK AT HOME ASK ME HOW SELL PILLS TO YOUR FRIENDS.

      And this is what makes it retarded. You are basing your system on classifications that cannot be made, and relying on the sender (or some third party) to set these classifications in goodwill. Is it not obvious to you that goodwill does not work, and third parties can not be trusted?

      The only thing that will ever slow spam is making it economicly unviable. And the only way that will happen is through government intervention. Until then, delete it, and don't waste your time coming up with foolish solutions that don't address the core of the issue.

      --
      Hey freaks: now you're ju
    10. Re:+5 insightful? Re:Opt-in for all email... by WolfWithoutAClause · · Score: 1
      The point is not that the spammers can't send spam if you tell them not to; the point is that if they do it then you should be able to forward the email to the authorities and they should get stomped by law enforcement.

      There seems to be a huge confusion in this thread between whitelisting, opt-in, opt-out etc. etc.

      Noteably, whitelisting is a special form of opt-in, but opt-in is not whitelisting. (All lions are cats, but not all cats are lions).

      There is little to choose between opt-in and opt-out in general, but some examples of opt-out are spectacularly stupid; as we shall soon see with the new American spam laws...

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    11. Re:+5 insightful? Re:Opt-in for all email... by devonbowen · · Score: 1
      Having personal intent to contact someone doesn't preclude them wanting to send them commercial advertisements.

      True. Also reasonably irrelevant. I have been approached by people wanting to sell me something my whole life. Spam just makes that process automated. My definition would solve the problem of spam, not capitalism. And it would reduce the amount of spam I get by about 99.9999%. Which is hardly "rubbish" to me.

      And you would prove this how?

      In a court of law, as usual. Seems it would be rather trivial to find other people that got the same spam. Show a large enough number with no correlation and it's rather clear. Do you doubt that web sites for this purpose would instantly arise?

      Ok, so spam for head hunting purposes is Ok? No. Rubbish definition.

      Yeah, I would except spam for headhunting as long as I could also opt out and, as I noted, they weren't just calling people from a list. I used to get phone calls from them before email and they weren't even close to 200 times a day like my spam is.

      I still stick to my original definition although I would grant that an opt-out is also legally necessary.

      Devon

  89. this law is freaking useless by fudgefactor7 · · Score: 1

    Sure, ISPs get protection, provided they can prove "harm," defined very narrowly by law; what about end users who are receiving the brunt of the spam? When do we get our protection? Apparently, we don't, and now state laws, that might have been better, are shot. They should have just ammended 47USC227 to cover spam and the whole damn thing would have been fixed better than this stupid piece of filth.

    ARGH! Urge to kill rising.....

  90. Quarantine Digests by delcielo · · Score: 2, Insightful

    Like the anti-spam packages currently use.

    Use opt-in, and if you get a message from somebody that isn't on the list, it gets quarantined. Once a day (or however often) you get a digest that lists all the quarantined messages, their senders, the subjects. Next to each list item is a link that allows you to release/view the quarantined mail.

    --
    Hot Damn! It's the Soggy Bottom Boys!
    1. Re:Quarantine Digests by hendridm · · Score: 1

      This is a find solution if you get several spams from the same person, but if each of your spams is from a different sender, then you'll STILL have the annoyance of reading through (at least the subject line) each message to see whether it is legit or not. The only difference is you're moving it to your "BULK MAIL" folder instead of your Inbox.

    2. Re:Quarantine Digests by mjh · · Score: 5, Interesting
      Use opt-in, and if you get a message from somebody that isn't on the list, it gets quarantined. Once a day (or however often) you get a digest that lists all the quarantined messages, their senders, the subjects. Next to each list item is a link that allows you to release/view the quarantined mail.
      As someone how uses a Challenge/Response (C/R) system, I'm not sure I understand what the point would be of getting a list of quarantined email. How is scanning that list and manually looking at the good things substantially different than scanning your list of emails and only reading the ones that don't look like spam?

      For a quarantine system to actually improve the spam problem, you need some way of allowing legitimate email to get through without you having to check the list. In the case of C/R only people with legitimate email addresses who respond to your challenge get out of quarantine. Since 99.9% of spam uses fake addresses, C/R is incredibly effective.

      Personally, I think that we need two additional things in order to start having effective spam prevention and enforcement:

      1. A socially accepted introduction mechanism which allows us to introduce ourselves to each other only if we have real, working email addresses. (C/R is one way to do this.)
      2. A legal framework for enforcing spam restrictions on anyone who continues to spam even though they have a real, working email address.
      I like C/R. I think it's a good idea. I wish that everyone would get accustomed to it. Then everyone (including businesses) would be able to use it. Right now businesses don't like telling their customers that their email hasn't gotten through yet. That's a good way to lose a customer. But if everyone knew that this was the way that we had to operate, then even businesses could implement it. If everyone did this, then the cost of spamming would dramatically increase because every spammer would have to have a working email address. And if they had a working email address, then they'd have to deal with the bandwidth to handle all of the challenges (and bounces).

      But even then I think that spammers will continue to spam even from working email addresses. Which is where I think a legal framework comes in. If everyone uses C/R, and everyone has to have a real working email address in order to get through, then everyone who spams is trackable and enforcement can have some meaning.

      $.02

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    3. Re:Quarantine Digests by mlilback · · Score: 1

      I like C/R. I think it's a good idea. I wish that everyone would get accustomed to it.

      It is never going to happen. I hate C/R and refuse to work with it. I know many others who feel the same way. If you send me an email and I reply, I'm not going to jump through hoops for you to get my reply.

      Also, I've yet to hear of a C/R system that doesn't cause a nightmare for automated messages, like reciepts from online purchases. And if you were to add one address, what if I decided to switch mail servers and the address changes? (I've seen this many times with addresses I whitelist in SpamAssassin).

      The real solution is the yahoo-proposed one -- only accept SMTP traffic from a server authorized (via DNS) to send mail for that domain.

    4. Re:Quarantine Digests by macshit · · Score: 1

      Note that many people hate `Challenge Response' systems, and will simply decline to send you email if they receive a Challenge in response to their email. So to a large degree, it suffers the same problem as an `opt-in' system.

      --
      We live, as we dream -- alone....
    5. Re:Quarantine Digests by Gurp · · Score: 1
      A socially accepted introduction mechanism which allows us to introduce ourselves to each other only if we have real, working email addresses. (C/R is one way to do this.)

      Socially acceptable to who? To you, that's who.

      Let me tell you, every time I receive a challenge when I send email to a new person, that challenge goes in the bin. No exceptions.

      (The closed-minded are going to be thinking "Fine, I didn't need your email anyway. You obviously aren't worth talking to or didn't have anything important to say." This really just strengthens my point.)

      Why? Because when I receive a challenge, that tells me you had a problem with spam, and your fix was to make it everyone else's problem.

      That to me is not socially acceptable.

    6. Re:Quarantine Digests by mjh · · Score: 1
      Also, I've yet to hear of a C/R system that doesn't cause a nightmare for automated messages, like reciepts from online purchases. And if you were to add one address, what if I decided to switch mail servers and the address changes? (I've seen this many times with addresses I whitelist in SpamAssassin).

      Yeah, the C/R system has to make certain additional allowances for things like this. TMDA does this. Every time I make an online payment or need a one-time email, I generate a dated address. That's an email address that will work for 7 days and then after that it expires. I choose a default of 7 days. The granularity is to the second, so if I needed an address that would only last for one second, I could generate one. Anyway, the vendor will be able to use that email address without going through C/R. And then, after the transaction is over, if that vendor tries to sell that email address, well it won't work for whomever purchased it.

      I could also generate a keyword address. Which is what I do for certain vendors who have demonstrated that they're not going to give away or sell my email address. A keyword address lets anyone who knows the address into my mailbox. So in that situation, the vendor could use any email address and their email would get to me. My online banks get keyword addresses.

      But if C/R doesn't work for you. Ok. If you ever send me email, you are free to discard all of my challenges. And I bet you could even setup a rule in SpamAssassin to automatically do it. For me, personally, this is a fine attitude to take. It's not a good attitude for most businesses who wants to attract and retain customers. Until it becomes socially acceptable, it's unlikely that most businesses will be able to use C/R. Which is too bad, because it's much more effective than any other system I've used (SpamAssassin, RBLs, & Baysian).

      But to each his own.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    7. Re:Quarantine Digests by mjh · · Score: 1

      This is only a problem for someone who needs to send me an email and isn't already in my whitelist. A complete C/R system also needs to manage a whitelist. There's no point in challenging everyone everytime. If they've got a working email address, they should be able to get in w/out challenge going forward.

      But if someone wants to send me an email, from an address that I don't know, they have to go through C/R. If they decline to respond to C/R, then I don't get their email. Basically it's an oppurtunity for them to say that they didn't really want to send me email anyway. Which is fine.

      I agree with the condition that you're stating. But I don't think it's a problem.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    8. Re:Quarantine Digests by mjh · · Score: 1
      Because when I receive a challenge, that tells me you had a problem with spam, and your fix was to make it everyone else's problem.
      Spam already is everyone's problem. Spam is, IMHO, a social problem. Fixing it requires some level of social convention. I think C/R is a good first run at that social convention. But I'm open to other suggestions. Do you have a better solution?

      Please don't list tools like SpamAssassin or Baysian filtering, etc. Those are not social conventions. They are tools that have the idea that they can work without a social convention. In it's place they stick complicated guessing. I've tried that route. It didn't work well enough.

      I'm convinced we need a social convention. If you don't like C/R, do you have any other suggestions?

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    9. Re:Quarantine Digests by macshit · · Score: 1

      Yeah, I've seen all these arguments before (everytime there's a flamewar about C/R systems on some mailing list).

      People's hatred of C/R systems may or may not be reasonable, but it definitely exists, and using a C/R system will very likely result in your missing otherwise reasonable email (sort of like a spam filter with a non-neglible false-positive rate). If that's OK with you, I suppose it's your choice.

      --
      We live, as we dream -- alone....
    10. Re:Quarantine Digests by mjh · · Score: 1

      I agree that the outcome is the same. An email that is not spam does not get delivered to me. But even though the outcome is the same, there is a difference. When SpamAssassin marks an email as a false positive, neither I nor the sender knows that the email didn't get delivered. With C/R if someone doesn't respond to the challenge, the sender knows that they've received a challenge and they're choosing not to respond. Someone who sends email to a C/R system has a lot more information than someone who sends email to SpamAssassin or a Baysian Filter or any sort of system that just guesses as to whether or not something is spam without trying to interract with the sender.

      So for example, let's suppose my attorney sent me an email that was challenged. If my attorney decided not to respond to my challenge, he'd be, in effect, saying that getting the original email to me wasn't critical. That's an informed decision. But if my attorney sent me an email that SpamAssassin said was spam, he would have the expectation that I received it and acted on it. But in reality, neither of us would know that it wasn't delivered.

      IMHO, this makes a C/R "false positive" less problematic than a false positive from SpamAssassin, et al.

      Frankly, I'm confused by the existance of a flamewar between different antispam techniques. I like C/R because I think it's more effective. Of course, it creates some level of imposition on anyone who wants to send me email. But at this point I'm willing to impose on people who'd like to get into my mailbox. It is, afterall, my mailbox. If you want in, you gotta agree to my terms. But I can see how some folks would not want to make that imposition, and would rather use something like SpamAssassin. I'm ok with that. Those are the rules governing their mailbox. Why aren't they ok with the rules governing my mailbox?

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    11. Re:Quarantine Digests by anthony_dipierro · · Score: 1

      But even then I think that spammers will continue to spam even from working email addresses. Which is where I think a legal framework comes in. If everyone uses C/R, and everyone has to have a real working email address in order to get through, then everyone who spams is trackable and enforcement can have some meaning.

      I fail to see how a working email address is any more useful in tracking someone than an IP address.

      C/R is not a solution for me. If a friend sends me a message I want to get it right away. Not after the next time he happens to check e-mail from the account he sent the message. That might not be until weeks later, and that is simply unacceptable.

    12. Re:Quarantine Digests by anthony_dipierro · · Score: 1

      When SpamAssassin marks an email as a false positive, neither I nor the sender knows that the email didn't get delivered.

      Can't you set SpamAssassin to reply to the sender when his message is blocked? I know it's possible to do this with other filtering software.

  91. OT: your sig by Anonymous Coward · · Score: 0

    what about Source Code Oppresion Group

  92. Wrong way to go about it by TheBigx00FF00 · · Score: 3, Insightful

    It's funny, many of those authoring "cyber" legeslation, never seem to understand the scope or technology behind the problems they attempt to solve. For example, what stops me from setting up a machine in Ethiopia and sending my important msg about erectile dysfunction, and my new miracle cream to millions of US addresses? What stops me from plucking any number of wide open .hk hosts of the network and using them to send out my spam? This "Anti-Spam" law is merely an attempt to appease he voting public, and show that our government is "doing something about the problem". The best way to get rid of spam is to target the companies using it as a means of advertising. Online money transactions have the longest paper trail and validation setup of any other consumer service online. If they're capable of receiving payments online, they're capable of being tracked down.

    1. Re:Wrong way to go about it by wolf- · · Score: 1

      I agree 100%
      Whether its the "Professor" trying to teach me windows, or the latest penny stock trader. THEY are the ones paying the spammers. THEY are the ones ultimately responsible for the crap in my inbox each day.

      --
      ----- LoboSoft specializes in Digital Language Lab
    2. Re:Wrong way to go about it by Anonymous Coward · · Score: 0
      What stops me from setting up a machine in Ethiopia and sending my important msg about erectile dysfunction, and my new miracle cream to millions of US addresses? What stops me from plucking any number of wide open .hk hosts of the network and using them to send out my spam?

      Nothing, but if you violate this law and live in the US, you could go to jail. It doesn't matter how you launder your spam, the law still applies. No law directly stops anything. People stop because they don't like losing money and sending time in jail.

  93. Forward Spam Flood Proposal (FSFP) by bpiltz · · Score: 2, Insightful

    What if every /.er forwarded every piece of spam to their Senators and Reps before deleting it? Just make a group in your address book...

    You will quit sending when they opt out - how many 'opt out' e-mails would you suppose they need to generate to shut off the Forward Spam Flood?

    Just a thought.

    --
    Goals for 2011: 1. Stop plate tectonics. 2. Prevent animal predation. 3. End supernovae now. 4. Rid the world of evil.
  94. Challenge accepted by heironymouscoward · · Score: 4, Interesting

    The fix... OK.

    Being a product of my time, my proposal is simply a mix of what I already see and know. Presumably what will actually happen is going to be totally different.

    But here goes anyhow:

    - First, treat viruses and worms and trojans as natural phenomena rather than the consequence of directed human activity. Assume that there will always be a new, smarter, more capable virus able to get around whatever locks we put into place.

    - Second, assume that all data passing into a computer system is suspect, and must be discarded unless it can be accepted. Apply this paranoia at all levels from individual packets up to the contents of web forms.

    - Third, use the techniques of genetic programming to evolve filters that work at each of these levels. Allow them to evolve rules for identifying valid and invalid data, and run them on live data mirrored from many places on the Internet. Use honeypot systems to attract parasitical software, and integrity checks to see how well filters perform, and to cull those that do worst.

    In the final goal, every computer has a slightly different set of filters, inherited from other computers, recombined and improved over time.

    Not just more variation in the landscape, but total variation, to the point where viruses will have to actively work to crack each individual computer (for this is the logical next step: if defences are built using the techniques of evolution, so will the parasites).

    Using a biological model lets me predict some more effects:

    - filters that find ways to co-opt parasitical software into the defense system
    - computers having sex :) (but not geeks, oh no!)
    - plagues

    --
    Ceci n'est pas une signature
    1. Re:Challenge accepted by Anonymous Coward · · Score: 0
      hird, use the techniques of genetic programming to evolve filters that work at each of these levels. Allow them to evolve rules for identifying valid and invalid data, and run them on live data mirrored from many places on the Internet.
      ...
      In the final goal, every computer has a slightly different set of filters, inherited from other computers, recombined and improved over time.

      I love how you're solving a security problem by executing evolved code that has had sex with other people's code. It's like building a race of powerful heavily-armed robots to protect us. We'll be safe forever!

    2. Re:Challenge accepted by Tinidril · · Score: 1

      While I agree with the idea that less energy should be spent focusing on exploits, and more should be spent on vulnerabilities, the bilogical angle has been way overdone.

      The bological anology is often pushed far past the breaking-point. There are serious differences between the Internet and the biosphere that make this thinking at best flawed, and at worst dangerous.

      The first place where the analogy breaks, is that computer worms and viruses do not spread like their biological counterparts. An effective worm can spread worldwide in well under an hour. Gladly, we have never seen a biological virus move that quickly.

      Another place where it breaks is that nobody cares if they pick up a virus that kills several million cells before the immune system can shut it down. In fact, this happens all the time and people don't even know they are sick. I don't think that we should have that level of acceptance to losses on our networks. Once a machine gets infected a new filter will not remove the infection, and even a few infected machines can wreak havoc on personal information or corporate liability.

      Bilogical defences are soft, in that they let an acceptable level of damage to be done in order to address and eliminate the intruder. Computers just don't work that way.

      By far, the most dangerous aspect of this thinking is that idea that computer systems must and will always be vulnerable. Filters really only work against eploits or at best vulnerabilities. But if a vulnerability is known, why not just remove it?

      Microsoft loves this thinking, because if software is always going to be vulnerable then they can't be blamed for writing insecure software. I do realize that Microsoft is not the source of all vulnerable software, but they are a prime example of how development practices can impact security.

      The things that need to happen to make the Internet reasonably secure are really much simpler than the biological analogy makes them out to be.

      1. New software development methods, and in some cases new languages, need to be designed and implemented with security as the core requirement.

      2. Patches for known vulnerabilities must be relased with just enough code to fix the problem. This should be done in a completely separate process than the release of new or modified functionality. Administrators need to feel confident that security patches wont break their applications.

      3. Security patches must be automatic. This will not happen without number 2, because systems administrators will be really slow to start allowing outside parties to push code to their working systems. A good patch system should be de-centralized so that an administrator can point all servers to a single patch source over which he /she has control to push patches as they are made available.

      --
      XML is the best data format; unless your data needs to be read or written by a human or a computer.
  95. Re:Terrorists get to write our anti-terrorist laws by SCHecklerX · · Score: 1
    No, killing people in grotesque and painful ways (inciting terror) is a form of terrorism. Spam is harrassment.

    I'm tired of the whole 'cyberterrorism' thing. Nobody has EVER been terrorized by computer, with the exception of stalkers. Even that would likely be called harrassment, and not terrorism by authorities.

  96. Unrelenting Massive C*cks Destroy Innocent Pussies by Anonymous Coward · · Score: 0

    Young Teen Schoolgirls Suck Cock for Cigarette Money!

    --OR--

    16" Cocks Rip Unsuspecting Pussies!

    shiao student gottesmn skatz Drizzt valauber mgregory project ddpdrlma itbhines zambroski theboss ernestina aylmer macreyno Bigfoot oopardee tandy hychoi devin gtcargo merlin2 kacy older happy sacramento zelman rmaw
    Get off this list by writing to getmeoff6346@mail.com

  97. Your Sig by Anonymous Coward · · Score: 0

    FYI, the 2nd SCO countdown on your page is incorrect - the federal judge ordered 30 days from the order (December 12th) - see here.

    1. Re:Your Sig by herrvinny · · Score: 1

      Sorry, I'll correct that immediately after I return from my Calc exam (U of Wisc at Madison student, finals week...)

    2. Re:Your Sig by herrvinny · · Score: 1

      Corrected... Now I really have to run... Thanks.

  98. Why the spammers and not the spammers customers? by Zed2K · · Score: 2, Insightful

    Why are they trying to go after the spammers and not the companies that have the products advertised by the spammers. Basically spam is just email advertisements. If a company uses that as a method then that company should be put out of business or fined heavily. As soon as the customers disappear then the spam will disappear.

  99. the problem by Anonymous Coward · · Score: 0

    the problem with internet email was that a bad standard was set back in the day when you would put your email at the bottom of your web page....at the time everyone thought the prospect of being contacted by strangers was new and exciting. problem is, the net is no longer that small community of wizards and geeks, it consists of mostly losers, and that value is outdated. opt-in for all email, you wouldnt walk around with your phone number on your shirt, why should your email be any different in a world full of whores

    peace

  100. What about upstreams? by bburdick · · Score: 1

    Why don't we make upstream providers responsible for the garbage that gets thrown at us? Having owned an ISP since 1997, I have dealt with numerous upstream providers. Most, if not all of them, outlined traffic that was acceptable as well as unacceptable coming from our network. Maybe if the law were to hold them ultimately responsible it would put some of the spammers out of business. I know this is naive thinking, but hey, it would be nice to know that the upstreams care about their bandwith being abused and not just about the $$$.

  101. bounty hunters by TigerTime · · Score: 1

    The FTC is thinking about bounty hunters to enforce the new law

    Just what this country needs. Dorks on horses riding around with an iPod clipped to their pants, a network sniffer in one hand, and a .40cal spam assasin in the other screaming about it all being Bill Gates fault.

  102. The domains who's clients are spammers by Anonymous Coward · · Score: 0

    would benifit. They could demand protection money and turn in anyone they wanted.

  103. The quote is: by burgburgburg · · Score: 1
    "We're not going to some white collar resort prison. No, no, no! We're going to federal POUND ME IN THE ASS prison!"

    Office Space (1999)

  104. Scripted fix by phorm · · Score: 1

    Going with the premise that for anything I do sign up for, it is relegated to specialty "spam" accounts in case an address gets sold or picked up by a bot

    Make a script that checks if the recipient is one of your no-spam addresses. If it is, find the unsubscribe line, send an email back from a generated address stating we don't want crap.
    Stick the generated address along with the original sender and unsubscribe addy in a text file somewhere.
    Check the text file, see if generated address has received spammy email (anything other than perhaps an unsubscribe confirmation). If it hasn't "unsubscribe" any users on your server (in an opt-in to "automated antispam unsubscription service"). For spammers that go after your generated address, try and track them down to collect your $$$.

    I'd imagine with such a service that somebody could make a living on it. Have clients send you spammy emails, logs, etc... use them to track the spammer and collect.

  105. (s core: +5, flamebait) by Thud457 · · Score: 1
    See what happens when you give women the vote?

    They deny our hard-working vetrans the right to have a ice cold draft beer, and create an environment in which organized crime can flourish.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  106. "Protected Computers?" by deemaunik · · Score: 2, Informative

    I was glancing at the law and noticed the term Protected Computers, and noticed the definitition listed was an obscure law reference, so i followed it, and realized the truth of the matter. The term Protected Computer refers to Financial Institution or Government Computers. Aint that cute? They protect themselves, but leave the citizens vulnerable as hell. The definition can be found here. http://www4.law.cornell.edu/uscode/18/1030.html It's about 3/4 of the way down the page.

    1. Re:"Protected Computers?" by Anonymous Coward · · Score: 0

      A protected computer is a computer which is involved with interstate or foreign commerce, or communication.

      Basically if you are connected to the internet and recieve email your computer is protected. That is my view until the courts say otherwise.

    2. Re:"Protected Computers?" by deemaunik · · Score: 1

      that is not the definition stated by the law listed... i agree with you, but apparently the federal court systems do not.

  107. Webs of trust... by Saeger · · Score: 5, Interesting
    Don't you want to be able to receive legitimate e-mail from people you haven't met yet?

    I'd love to be contacted by strangers, depending on the distributed reputation of the person or machine contacting me.

    If "James T. Kirk" sends me a message, and the fringes of my weighted Six Degrees of Separation net have never seen him before (newly generated cert for spam), or have seen him but say that he's a spammer (or maybe just an asshole in general), then I'll just ignore him.

    If "Juicy Jane" sends me a message, and a few friends of friends trust her, even just a little bit, I'll give her the time of day.

    --

    --
    Power to the Peaceful
    1. Re:Webs of trust... by Anonymous Coward · · Score: 0

      Isn't this was GPG/PGP are supposed to do? So, maybe the answer isn't revamping email, but instead getting everyone to use existing technologies. It could even spawn centralized lists (similar to current blacklists) of people who are known-goods, based on a distributed web of trust. For instance, the guy running the list knows that I am ok, so I am added to the list. Then everyone I say is ok also gets added to the list, and so on.

      Then Spamassassin (or other spam fighting software) could start checking those lists and lower the spam score if the sender is on them. Also, after it becomes significantly widespread, the spam-block software could start raising the score if you don't include your pgp key.

      For this to really work, the whole gpg/pgp would need to be seamless and easy to the end user.

      Of course, I may be wrong in my understanding of PGP.

    2. Re:Webs of trust... by Mister+Furious · · Score: 1

      weak! that wasn't supposed to be posted anonymously. Must've checked the anon box by mistake.

    3. Re:Webs of trust... by anthony_dipierro · · Score: 1

      Yeah, I'm a big believer that we should start integrating PGP into everything. All email should be signed at the very least, if not encrypted. Slashdot posts should be signed. DNS replies should be signed. Instant messages should be signed. eBay feedback should be signed. Banks should sign my key when I establish a bank account. My state government should sign my key when I get my driver's license.

      I don't think it'd take very long to establish a tight web of trust if everyone would just work together. Actually I think if just a single state offered a keysigning service through its DMV it'd quickly spread like wildfire. But maybe I'm overly optimistic.

  108. This computer has performed an illegal operation. by Thud457 · · Score: 1
    "Nobody has EVER been terrorized by computer"

    My grandma is terrorized of computers.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  109. Solicited email by heironymouscoward · · Score: 0

    The whole point of Internet email is to allow people whom you've never heard of to get in touch with you.

    Yes, people who you have never heard of, but people who you have provided your email address to in one way or another.

    --
    Ceci n'est pas une signature
    1. Re:Solicited email by Frater+219 · · Score: 1
      The whole point of Internet email is to allow people whom you've never heard of to get in touch with you.
      Yes, people who you have never heard of, but people who you have provided your email address to in one way or another.

      Right. On a Web page, a public staff directory, a Usenet post -- any of the other places that spam-overwhelmed people are more and more loath to disclose their email addresses. Why? Because some spammer's abusive bot will come along and harvest it, and send spam to it.

      People publish their email addresses for certain reasons, and not for others. Hearing about horse pr0n or Joe's Aluminum Siding and Bait Shop is not one of them. This is no different from any other personal resource, such as one's front door. It's OK for people to come up to your door and say hello. It's not OK for people to set huge garish advertising signs on your doorstep, knock the door, and run away to the next house to repeat the trick.

      It's really not OK for people to burn crosses on the front lawns of people who complain about your advertising. But Joe Yu of Valuenet hasn't been prosecuted.

      (Sure, it's a silly analogy. Analogies for spam are silly, because it's such a fucking silly problem. Only on the Net would people suggest that the appropriate response to crime is to clean up after it and ignore the criminals. Yet that's still a popular suggestion people make to victims of spam crime -- "Just hit delete, isn't that easy?" "Just filter your mail client-side, the spammers will still be spamming you but you won't see it!")

  110. Rover is Fido by Doc+Ruby · · Score: 2, Interesting

    Of course the law was written by, for and of the Direct Marketing Association. Karl Rove, President Bush Junior's boss at the White House, built his career on direct marketing (junk mail). That's where he developed his high respect for the American people.

    --

    --
    make install -not war

  111. Open-Source SPAM hunt by mattsucks · · Score: 1

    To me, the idea of "bounty hunters" just sounds like open-sourcing the hunt for spammers. Just like with open source code, there are some (many?) people out there who would jump at the chance to track down a spammer just for the pride and glory of being "the h4xx0r that stopped penile enlargement spam"

  112. Re:/. didn't think state's should control gay sex by Anonymous Coward · · Score: 0

    Imagine the conundrum they'd face if there was Federal legislation pending that banned gay sex while spamming SCO with patented hot grits from an Open-source server using Outlook.

    I, for one, would welcome the overload.

  113. Re:Please opt-out - 10,000 times by stinky_hippie · · Score: 3, Insightful

    I've always been leary about OPT-OUT options on shady spam emails. On more "legitimate" advertisement spams, like maybe concert updates from a venue I bought tickets from, there is always a tag-line at the bottom that gives instructions for how to be removed from the list. I trust this to a degree and believe that it will get my email taken off of the list.

    When I get spam for "make your penis bigger and keep it up all weekend", I wouldn't trust any link they put in their email anyways. For one it could be a link to a site that might try to hijack my browser or do something else nasty (although that wouldn't happen because we all keep current on our patches and use less vulnerable browsers like Mozilla :) ). Another thing I've always thought of is that if I send a message to be removed from their list then all I'm doing is confirming that my email address is valid and currently in use. Sure I may get removed from that one list, but now my email address has been confirmed as active and can be put on a whole crop of new spam lists. I don't have any proof that this is what happens, but in my paranoid mind it makes alot of sense.

  114. You can't escape state laws either by gruntled · · Score: 1

    "State long-arm statutes authorize the courts to claim personal jurisdiction over a nonresident defendant whose principal business is outside the state." Long arm statutes are triggered by business transactions or torts committed within a state. From "Introduction to Cyberlaw" 2004.

    What the federal law *does* do is eliminate distinctions between states for spamming.

    1. Re:You can't escape state laws either by blueskies · · Score: 1

      Why should it have to eliminate distinctions? If you break the law in another state you should always have to answer to the law in that state. Here's an idea: don't break the law in that state.

      I don't see people getting upset b/c traffic laws are different in different states. For example, newspapers that have nationwide coverage and print juicy articles about someone can be sued in that person's state for libel since they do buisness in that state. Why should this change for email?

    2. Re:You can't escape state laws either by gruntled · · Score: 1

      Classic case: Couple in California has a BBS with porn on it. They go to jail in Tennessee. The problem with staying clear of local laws today is, there is no "local" on the Net. For instance, some cultures forbid images of human beings. You think we should make everybody take their pix off their Web pages?

    3. Re:You can't escape state laws either by blueskies · · Score: 1

      Good point.

      This sound more like an overbroad interpretation of the law then a problem with the spirit of the law.

      Sending spam is intrusive and is directed at people and so to me would seem easier to get a judge to allow someone to sue in their local venue, while webserving is not targeted towards individual people so should not be allowed to be sued outside the webserver owner's state.

      You bring up a good point and now i'm torn on the issue. ;)

  115. simple SPAM solution by Anonymous Coward · · Score: 0
    • Linux server
      • Postfix MTA (not sendmail)
      • fetchmail (optional - used to grab your pop3 mail)
      • spamassassin
    I am running this configuration to download my mail from my various POP3 accounts and since 12/9/03 it has sucessfully filtered 2800+ e-mails as SPAM. It labels the e-mail with [SPAM] in the title so it's simple to place all my incoming SPAM into a specific mailbox. My success rate is greater than 90% with the default configuration and there are tools which can improve even that ratio. Got SPAM? Use the resouces which other people have created for you and end your own problem.
  116. I have another suggestion by heironymouscoward · · Score: 1
    --
    Ceci n'est pas une signature
  117. Fines paid to the Receiver/Plaintiff by wolf- · · Score: 1

    Unless I read this wrong, and it is legaleez so I may have, it appears that the fine does not go to the person/company actually damaged.

    What stopped Junk faxes and telemarketing calls was the $$$ paid to the end users of a law suit.

    The mess is not pro-consumer. Its pro-business. Pro-isp. It talks more about using pcs that were "protected" than it does about end users of net access. It talks more about the "volume of mail" to reach the criteria than it does about end users.

    I want, and asked for through my congressfolk, for a spam law that pays me $.25 for each spam I receive. Since I get around 18000 a month that spammassassin grabs, I could make good money.

    18000*12*.25=$54,000

    --
    ----- LoboSoft specializes in Digital Language Lab
  118. Just use E-Mail with a Whitelist by Anonymous Coward · · Score: 0

    Spam does not get through a Whitelist unless some fool enters the gimpy word manually!

  119. What happened to the Constitution by Anonymous Coward · · Score: 0

    If I read this new bill correctly, doesn't it state that new National bill will supersede all individual states declarations?

    If that is the case, then this is a DIRECT attack on the Constitution which was modeled to give superior power to individual states on their own states.

    This whole situation (spam and the governments reaction) pisses me off so much that I can't even see straight.

    I give up. I'm going to start buying Viagra and help out that poor guy in Nigeria transfer his family's money.

  120. hmm... by Tom · · Score: 1

    It just might work, you know? Here's two reasons why:

    a) The provision that the spammer will forfeit his equipment and anything he gained through spamming if caught

    b) The "bounty hunter" part.

    See, those 20% might just turn out to be a nice new machine or two. And we already have enough people who are hunting down spammers for free. Combine these two, and the FBI might be running out of agents to make the arrests on or around January 3rd.

    --
    Assorted stuff I do sometimes: Lemuria.org
  121. Re:Please opt-out - 10,000 times by lurker412 · · Score: 3, Funny

    Yes, that's why it's called the Can Spam Act. Perhaps someday it will be replaced with a Cannot Spam Act.

  122. Nobody mentioned the DO NOT E-MAIL LIST by pohzer · · Score: 1

    See section 9, it provides for the establishment of a "do not email" list.

    I assume there will be some means of applying fines for violations, and won't that be fun to administer! (but it was a spoofed FROM field! Really! It wasn't us!)

  123. The new "spam is okay" law is very, very sad. by Futurepower(R) · · Score: 1

    For me, the new "spam is okay" law is very, very sad. I can remember when the U.S. government was not as corrupt as it is today. Now, everything in the government is for sale, including the laws.

    1. Re:The new "spam is okay" law is very, very sad. by jazman_777 · · Score: 2, Insightful
      I can remember when the U.S. government was not as corrupt as it is today.

      People don't live that long anymore.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  124. nil effect by sir_cello · · Score: 2, Interesting


    As the director of spamhaus said on british television when asked about how the new british anti spam laws would help, he said, "well, actually, it'll stop, let me see ... 0 per cent".

    His argument was correct: basically spam will stop being sent from within jurisdictions that have anti spam laws, so the spammers will move offshore. Then you then need an international agreement - how the hell are you going to enforce anti-spam against an smtp originator from china that uses a local relay, even the US defence department can't get it right (http://www.interesting-people.org/archives/intere sting-people/200312/msg00070.html).

    Have international IPR laws have completely eliminated fake goods ? No. Will international spam laws completely eliminate spam ? No.

    There's no silver bullet. Stop your moaning to suggest that anything that's happening isn't a silver bullet.

    As the economist pointed out, the real issue is economics. Fundamentally, it costs virtually nothing for a spammer to send so much spam. The only effective way to resolve the problem is to change the economics so that a spammer incurs some cost. When I say cost, I don't actually mean monetary cost. For example, the anti-spam systems that rely upon individual tokens replies institute a resource/time cost on the sender: this kind of works on a small scale.

    I don't know what the proper solution is either; but it'll be a mix of (a) law, or psuedo-law (just like the laws we have with anti-invasitory direct marketing phone calls and junk mail), (b) technical measures.

    It looks like the ball on (a) is rolling. Sounds like the technical community needs to put some work into (b) - spam catchers / filters / etc don't seem to be the real solution, something has to alter about the way we send and receive email itself.

  125. -1, Paranoid Freak by Anonymous Coward · · Score: 0

    Take off your tinfoil hat, for crying out loud.

  126. Sending out bounty hunters? by JLSigman · · Score: 1

    Oooh, now there's a good idea. I know this guy named New Jack, he's a bounty hunter... Hmmmm...

    --
    -jls
    Techno-pagan
  127. Re:Yeah, whatever.... Indeed! by Neurotoxic666 · · Score: 0, Insightful

    I believe the problem is not the spammer exploiting flaws, but rather people not protecting themselves.

    As someone pointed in a previous post, spammers evolve just like any species would in any other ecosystem. So shall we.

    Complaining will just result in useless laws that actualy affect our freedom of speech instead of doing what they're meant to. We should rather adapt and stop being "lusers". People have to get computer-litterate v2.0. Knowing how to turn you PC on and how to play solitair just isn't enough. We should learn more about secutiry and how to protect our (more and more popular) home and office networks.

    Are you REALLY relying on the government to clean your inbox?

    --
    You are more than the sum of what you consume. Desire is not an occupation.
  128. Re:Classic michael by gamgee5273 · · Score: 1
    Wait, you come here for reporting?

    Last I saw, /. does not state that it is a news organization. This is a message board. Michael, Taco, Neal, etc. are merely introducing the topic of discussion. They have every right to insert their views into the postings. You have every right to disagree, but not to slam them for stating their views.

    If you want "fair and balanced" reporting, I suggest going here.

  129. This is not Rocket Science.. it sendmail! by gmby · · Score: 1

    This is an authentication problem not a filter or label problem. Your friends wants to send you mail and you know them so you use an preverified opt-in address for them. If any new persons need to send an email them they must goto a website and send it from a contact field with a non scriptable human readable only "key". Its used all the time already with web forms. After the first initial "contact" then you can respond or ignore that "person" (because a computer/spammer is not able/willing to use your web app); if you respond with an email address for them, all is now normal email tranactions.

    As all auth. processes are a two tranfer process; this will make email work again. If you have to recieve any email from an unknown person them you have to deal with spam. That is the way it will always be. The trick here is to make the spammers job so slow/tedious/distasteful that the money made is not worth the effort.

    It's up to the ISPs of the world to fix this problem; not the "law". I'm ready; who's gonna write the code?

    --

    . ...please spell check this for me...

    --
    I don't want a pickle; I just want a Motor-Cycle! A four foot cop arrived with a five foot gun!
  130. 2003 Blackout by Anonymous Coward · · Score: 0

    Well, 1 good thing came of it... No Spam.

  131. Apparently you didn't read it very well by Anonymous Coward · · Score: 0

    Huh?

    The federal government's laws supercede the state's.

    1. Re:Apparently you didn't read it very well by the_1000th_Monkey · · Score: 1

      in a pure constructionist view, the federal governments laws don't supercede the laws of the states because there should be no overlap. the federal form laws regarding the peculiarities of being a nation and in matters that inherently involve several states. The states are only concerned with their internal matters. Over time, this has come to no longer be the case, but as it has the idea of federal laws superceding state laws has become accepted convention.

      So technically, in a pure Constitution sense, you're probably not entirely right.

      --
      where'd my typewriter go?
  132. Re:In SOVIET RUSSIA by geekoid · · Score: 0, Offtopic

    I thoughtn it was funny.
    Since it didn't fall into the cliche category, it was original as well.

    perhaps you have to have memories of the cold war for it to be funny.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  133. law encourages spam "newsletters" by pohzer · · Score: 1

    Before this law, many spammers(1) were paranoid about the legalities of their methods. Additionally, many potential customers of spammers(2) were hesitant due to the unknown potential legal consequences.

    After January 1, at least one spammer I know will be heavily pitching his spam newsletters to those hesitant customers, and probably cashing in. This law appears to make such spam *legal* (since it appears to have inherent value in addition to commercial embedded links).

    Today such spam newsletters are ethically quuestionable and illegal in many states, not because they are deceptive advertorials but because they are sent unsolicited to millions of email addresses. After January 1st they will be declared LEGAL, making them an option for business that otherwise would have continued to decline to use questionably ethical means of commercial promotion.

    Notes:
    (1) The source of this statement is a very wealthy and very paranoid acquaintence of mine who is a full-time spam marketer and a lawyer. He spends tons of time and money covering his arse just in case while never technically breaking any laws. Now he can keep that money.
    (2) I am one of these - I will not hire spammers to spam the world to sell my wares, nor will many of my associates. But since our competitors do, it makes for some tough business economics.

  134. Spamers vs. Advertisers by Kgreene · · Score: 1

    White list emails certainly do help in limiting the unwanted email you recieve and are a good technological solution.

    However, this dicussion is specifically about anti-spam efforts from a legal point of view. From that perspective I think attempting to make what the spammer does illegal, while justified and certainly satifying to any urge that exist to punish them,is not the most effect solution.

    The problem that has been pointed out is how to identify the spammer.

    The solution is not to directly seek out the spammer but rather the advertisor. There is little point to spam not attempting to sell something (even if that is just a visit to a website). Thus, the spam header might be bogus there is direction to some website or a number to purchase some product.

    Therefor it should be generally easier to find the person who hired the spammer.

    If you make ALL advertising by email (of any quantity or kind, for any intention) illegal along with significant and draconian pentalties then you have more of an ability to enforce it.

    If both spamming and purchasing spam services are illegal then caught advertisers will roll over on there hosts - if not there jailed and fined.

    End result - people are reluctent to purchase spam and it looses viability as a business model.

    If some merchants get crushed - so what. If *I* want to buy someone I will seek out a store and NOT the other way around.

  135. How about using PGP? by SurfTheWorld · · Score: 1

    I have a possible solution that I believe fits both camps of convenience and security.

    For starters, don't change SMTP. Leave it be.

    Adopt the follow standard at the mail user agent level:

    Mail encrypted using your public key is "trusted", and will appear in your unfiltered INBOX. You can distributed your public key to whomever you see fit, and when they send you mail you'll automatically get it.

    Mail not encrypted using your public key is subject to the filtering methods that exist for detecting spam (bogofilter, spambayes, spamassasin, etc). Periodically scan your non-whitelist email from time to time to see if anything is in there that you are interested in. If so, send that fellow your public key.

    It's not a perfect solution, but it does address some of the problems we currently have.

    --
    Do it for da shorties
    1. Re:How about using PGP? by C.+E.+Sum · · Score: 1

      Forget encrypted. How about just signed? (NB: I've never signed a message before)

      --
      -- Have you ever imagined a world with no hypothetical situations?
  136. rephrased by Anonymous Coward · · Score: 0

    your thinking, my friend, is too abstractinal
    to change the email system ain't rational

    worldwide change of email is quite propsterous
    the upheaval and chaos would be monsterous

    you got to make do with what cha got
    instead of changing it to what it's not

    if you change it around, you drop old problems, sure,
    but a new, unknown set be knockin' on your door

    though my skills be running strong,
    and this post could run long,
    i sense you be trollin' and i say that's wrong
    so let me leave you with one final dose:
    learn to spell brotha, it's Pre-Pos-Ter-Ous

  137. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    if you opt out, the spammer actually opts you out. ..and then sells your confirmed active address to ten other spammers whose lists you haven't yet opted out of.

  138. Re:Classic michael by helix400 · · Score: 1

    Last I saw, /. does not state that it is a news organization.

    It was the "News for Nerds. Stuff that matters" motto that led me to believe this was a news site. And being a news site, they should follow professional journalism standards. But as you showed, they're biased like most news organizations are. And like you, I like to point out such bias. =)

  139. Autodialer by cgenman · · Score: 1

    Or equally important, when was the last time you answered the phone and got a machine on the other end of the line? They were legislated out of existence (or, popular usage at least). Now if you are the recipient of a scuzzy, spammy phone call it must be a human being on the other end of the line.

    This law is a lot like that, and will probably be just as effective. No longer will you be spammed by the little guys selling unsavory things, just by the rich companies looking for new markets. Isn't America great?

  140. Re:Classic michael by Pave+Low · · Score: 1
    Good post, but I'm afraid that michael has gotten to it, and bitchslapped this thread. I saw it at +2, and now it's at -1.

    It's rather ironic that for an "editor" who loves free speech so much that he has no qualms about suppressing it whenever it hurts his ego.

    BTW, this thread is most definitely ontopic and relevant, but someone higher up has decided that any criticism is unwelcome.

    --
    SIG:Slashdot: indymedia for nerds.
  141. CAN-SPAM by Anonymous Coward · · Score: 0

    Is it just me, or does the title of this Act serve as advertisement for a certain company. Personally, I'm opposed to government endorsement of large companies ;-)

  142. Bush Brigands Re:Just in Time for the Elections by Anonymous Coward · · Score: 0

    Parent is Flamebait? Or is it that some in the 6 million-email-addresses of the Bush Patriots Army got hold of the moderator points? And maybe there aren't enough Dean supporters to turn the balance around. Oh the Irony of One man One Vote ...

  143. zerg by Lord+Omlette · · Score: 4, Insightful

    No no no! You're only supposed to talk about states' rights when a Democrat is in office! Only traitors and terrorist-sympathizers would disagree.

    --
    [o]_O
    1. Re:zerg by Anonymous Coward · · Score: 0

      " No no no! You're only supposed to talk about states' rights when a Democrat is in office! Only traitors and terrorist-sympathizers would disagree."

      I'd mod you u if I had the points!!!

      It's funny how republicans don't want to practice what they preach when they're in power...

      absolute power corrupts absolutely!!

    2. Re:zerg by BCW2 · · Score: 1

      And absolute ignorance causes Democraps and other confused liberals.

      ACLU: Assinine Constipated Liberals United

      --
      Professional Politicians are not the solution, they ARE the problem.
    3. Re:zerg by Anonymous Coward · · Score: 0

      I thought it was All Criminals Love Us

  144. Not all UCE is Spam by alexhmit01 · · Score: 2, Interesting

    Spam is normally untargetted, bulk email.

    UCE, without the bulk modifier, is called doing business in the USA.

    If I see a website that I want to do business with, I find the contact information and send an email. If you aren't careful in the law, my email can be construed as spam.

    Targetted lead generation is part of how small businesses generate new business.

    Under this law, AT&T's new subsidiary can email ANYONE, but my small business that competes with it cannot?

    This isn't pro-spam, it's anti-small business, pro-big business regulations...

    Ah, when the GOP's fascist wing (state and big business in combination) combines with the Democrat's communist anti-business wing, and they can wrap it all up in populist rhetoric.

    A frustrated Republican,
    Alex

    1. Re:Not all UCE is Spam by Ambush_Bug · · Score: 1

      I'm confused... how does AT&T get around this?

      I see what you mean about the importance of making
      the "bulk" distinction. Though doesn't the law do that?
      I guess I should read it a 3rd time.

    2. Re:Not all UCE is Spam by alexhmit01 · · Score: 2, Insightful

      Prior business relationship.

      Find me an American that has never had a business relationship with AT&T?

      Never called collect (with whatever 800 number is involved).

      I'm more familiar with the travesty of California's law, but I recall that there are rules for bulk email, but more generic stuff for unsolicited commercial email.

      Alex

  145. Re:Opt-in for all email: Human Authenticators by mikewolf · · Score: 2, Interesting

    i use hushmail, and it has a human authenticator system...

    any user not on my allow list is sent an email to validate they are a person (it sends them to a link and they have to click on a moving icon in a picture)...

    if they do this, their email automatically goes to my inbox, otherwise it gets grouped with the spam...

    it actually works pretty well...

    a system like this combined with an opt-in system would work pretty well, i think...

  146. LOL bitchslapped by Anonymous Coward · · Score: 0

    FYI:

    The parent was modded +3 Insightful as of a few minutes ago. It held that position for roughly an hour. Then, in the course of 3 minutes( likely much less ), it was slapped down to -1 Troll.

    1. Re:LOL bitchslapped by Anonymous Coward · · Score: 0

      Fucking socialists.

  147. Bounty Hunters Riding Out???? by TheZax · · Score: 1

    Supporters envision the day when armies of 18-year-olds will be transformed into a global posse, riding out over the Internet to help round up bad guys.

    Who the hell needs to "ride out"? That's the thing about SPAM, it comes right to you.

    That like saying people need to "ride out" and find ways the IRS/Fed Gov is crewing you!

    --

    JWall: GUI client for IPTables
  148. Re:Please opt-out - 10,000 times by red+floyd · · Score: 1

    You have to opt-out from each spammer. Sounds like something the DMA would like.

    --
    The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  149. What's Your Beef? by Rick+Richardson · · Score: 2, Insightful

    I really don't understand why so many individuals think this is a bad law.

    I've looked the law over, and there are multiple requirements on each spam email message that will make it much easier and more reliable to filter it out as it arrives on your computer. Such as the requirement for a legitimate reply address in all spam and a physical address in a commercial spam.

    If anybody should have a beef with this law, its the ISPs. They still have to carry the spam.

    -Rick

    1. Re:What's Your Beef? by Steve+B · · Score: 1
      I really don't understand why so many individuals think this is a bad law.

      Because it's grossly inadequate. A minimum requirement for an acceptable federal anti-spam law is to clarify that circumvention of spam filters is a form of computer cracking and carries the standard penalties for that crime (i.e. a few years of hoping that your cellmate didn't use your "herbal v1agra" and "p3n1s enhancer").

      --
      /. If the government wants us to respect the law, it should set a better example.
    2. Re:What's Your Beef? by kiddailey · · Score: 1

      "Just delete it" and "just filter it" are not, in my opinion, answers to spam (though that's a whole 'nother discussion).

      The problem lies with the fact that in either case, you and the ISP both still have to receive the mail. And the 'can-spam' legislation essentially gives permission to spammers to send spam as long as they [the spammers] follow some rules.

      My mailboxes are already inundated with thousands of spams a week. Now that I have the pleasure if receiving so-called legal spam, how much will that number increase?

      Instead of spam being outlawed -- period -- it's instead been legalized to an extent. Potentially, we'll now see spam following these rules close enough that they'll be even harder to label as spam in the eyes of the law.

      Not to metion enforcement. How is ANY of it even going to be enforced? What about spam that originates off-shore and is out of the jurisdiction of the U.S. (where, in my experience, most of it is coming from anyway).

      Furthermore, if you think the worst spammers (those harvesting email addresses and using off-shore servers) are even going to give a rat's ass about this legislation, you're kidding yourself.

      As many have already said, it's not nearly enough to make even the slightest impact. I hope I'm wrong, but I'm not holding my breath.

  150. OK, I'm clueless by red+floyd · · Score: 1

    What show is this?

    --
    The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    1. Re:OK, I'm clueless by Hatta · · Score: 1

      Cowboy bebop. In the US it's played during part of Cartoon Networks adult swim block. I forget the day and time.

      --
      Give me Classic Slashdot or give me death!
  151. My Company gone CRAZY by mgrennan · · Score: 1
    This bill is driving my upper management insane!

    The have email guys working on a opt-out database, the web developers working on an opt-out webpage, every employee must add their name, title, work address and phone number as a footer to every email.

    They want this all done by Jan 1st. Not such a big deal. We run a Linux / sendmail email system. The point is they are taking this new law very seriously. So serious they are talking about an employee agreement that will make the employees responsible for spam.

    I know this will never work. The web programmers don't have a clue. On the opt-out page you can just put in any email address you want. No cross check. I wounder how long it will take for our compeditors to opt-out all of our customers.

    I'm glad I'm just a sys-admin.

    --
    There are 10 type of people in the world, those who understand binary and those who don't.
  152. It's going to increase Spam by digitalgimpus · · Score: 1

    I decided to do a little research on this law today, and here's my conclusion.

    IMHO were better off today with nothing, than this new bill.

  153. Re:Please opt-out - 10,000 times by Anonymous Coward · · Score: 0

    Wouldn't it be nice if they made a list of these companies, so I could e-mail all of them to opt-out.

  154. this is my very long comment. by selfabuse · · Score: 1

    My ex works for a direct marketing company, and almost every week, she'd come home and tell me about some new email based marketing thing she was thinking about pitching. I always had to sit down and tell her how it would really dick her client over in the long run, because people hate spam so much, but she said "they would be sent to a list of people that said they want to recieve mail" ok.. I asked where she got it "Oh, we bought it" yeah.. so it was spam. Anyway, Here's what I see happening; marketing people such as her are gonna hear about this and go, "Oh, the junk mail I'm going to send falls within the limits in this law, so why can't I do it? I'll send out "good spam"" Similar things could happen to more reputable companies that just happen to have a clueless marketing guy, and then they would get thier mail servers blocked, and get all ticked because they thought everything they were doing was kosher, because it was within the limits of the law. This seems obvious to us, but some small company isn't nessessarily going to even know of the concept that people get thier mail servers blocked for doing something that isn't illegal.

  155. Whatever happened to ADV:? by Anonymous Coward · · Score: 0

    Any law that does not include the ADV: prefix requirement has clearly been messed with by the D.M.A. or its ilk. All matters of opt-out, opt-in, who exactly has an estabilished commercial relationship, etc., are simply not that big of a deal if all commercial e-mail has ADV: in the subject. People who can't stand spam like yours truly would simply redirect all ADV: to /dev/null and have to bear the hardship of missing out on semi-legitimate advertising. Violators are easy to identify, making enforcement easy - or at least as easy as it can be, or at least easy after it were eradicated.

    Of course, the direct-marketing special interests (and the general-marketing "general interests" whose diapers and home equity loans and CD collections are generally responsible for making our version of capitalism fastidious) would never allow that would they.

  156. No difference here. by BCW2 · · Score: 1

    I will continue to forward every unsolicited commercial email I get (about 60+ / day)to:

    uce@ftc.gov

    and let the FTC worry about it. Just like I do now.

    Simple definition:
    If it's unsolicited and it's bulk, it is SPAM

    --
    Professional Politicians are not the solution, they ARE the problem.
  157. Do-Not-Spam Will-Not-Work by Anonymous Coward · · Score: 1, Insightful

    Reading the linked text of the law (yeah, I know, I know...) it looks like a "Do-Not-Spam List" will be created before July 1, 2004, similar to the national Do-Not-Call List. So you should only have to opt-out once.
    If the 'Do-Not-Spam' list is implemented, it will require the registration of each email address. Many of us with our own domains use multiple addresses to identify companies which deal with spammers and websites being harvested; look through the comments and see how many 'slashdot@example.com' accounts you can find. A catch-all account allows me to invent a new address without any creating a new account on the mail server; the 'Do-Not-Spam' list would require me to register each new address with the .gov and then wait for that registration to take effect. Moreover, not all spammers intend to comply with the law, and most are outside its jurisdiction; for them, the list will be the best source to date for verified live addresses.

    I read over most of this law, and there doesn't seem to be anything unreasonable in it. Certainly nothing the DMA would want, does anyone have any proof of the claim that they drafted it?
    I don't know about that last claim, but the DMA did push for its adoption, and it is easy to see why. The law:
    • legalizes spam;
    • codifies an opt-out model, not opt-in;
    • overrides more effective state measures;
    • denies individuals legal recourse;
    • targets spammers, not the companies paying them--a US company can simply contract a foreign spammer; and
    • provides for the world's largest list of verified email addresses.
  158. At least... by inode_buddha · · Score: 1
    this should make things easier wrt tagging spam:

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

    (i) clear and conspicuous identification that the message is an advertisement or solicitation;

    (ii) clear and conspicuous notice of the opportunity under paragraph (3) to decline to receive further commercial electronic mail messages from the sender; and

    (iii) a valid physical postal address of the sender.

    (B) Subparagraph (A)(i) does not apply to the transmission of a commercial electronic mail message if the recipient has given prior affirmative consent to receipt of the message.

    I'm not too sure about that last one, however; I've seen tons of stuff regarding "...or our marketing partner."

    --
    C|N>K
  159. lateral thinking... by Anonymous Coward · · Score: 0

    how about creating a law that punishes all businesses that make use of spammer "services"? Spammers may hide and go abroad but at least we can shut down some of their revenue.

  160. Re:Why the spammers and not the spammers customers by BCW2 · · Score: 1

    You are basicly correct.

    Fine the benificiaries of the SPAM (the companies being advertized) and they will change their method of advertizing.

    It's really simple, kill the money tree and the problem goes away.

    --
    Professional Politicians are not the solution, they ARE the problem.
  161. Re:Classic michael by Anonymous Coward · · Score: 0
    Good post, but I'm afraid that michael has gotten to it, and bitchslapped this thread. I saw it at +2, and now it's at -1.
    YES BECAUSE AS EVERYONE KNOWS ONLY EDITORS HAVE MOD POINTS

    You fucking idiot. Stop breathing my air.
  162. Finally, some Bebop references!!! by Altima(BoB) · · Score: 2, Funny

    I was wondering when Bebop would get into this. "Ed spammed him!!!" "Hey Spike! The next spammer is worth five hundred thousant woolongs!" Et cetera. Buying DVD sets will always pay off someday for in-jokes among small cliques!

    --
    Yup...
  163. web-forms by KalvinB · · Score: 2, Interesting

    I no longer have my e-mail address posted on my web-site because I was getting so much spam. I use a PHP SMTP form instead which sends me e-mails from one of my accounts to another of my accounts which bypasses all filters except content. If they want me to e-mail them back they can include their e-mail address.

    E-mail addresses change constantly anyway. Give people you don't know your domain and just have a web-form. If you want to e-mail them, add them to your white-list. It's easier to remember a domain name than an e-mail address anyway.

    Ben

  164. Why offshore? Canada will do just fine. by bani · · Score: 1

    Everyone claims spammers will move offshore to avoid jurisdiction of US laws.

    But why the hassle of China, Russia, Korea, etc. when Canada will do just as well?

    After all, telemarketers already do it to avoid US telemarketing laws.

  165. You think that it is not that bad? by Anonymous Coward · · Score: 0

    Just wait untill this becomes law, when in additon to the spammers who don't give a shit the laws, you now have to deal with the same crap coming from "ethical" businesses.

    Just expecte them to use this law as the lobby groups intended.

  166. Posse by penguinoid · · Score: 0, Troll

    From the FA:Supporters envision the day when armies of 18-year-olds will be transformed into a global posse,

    I would much rather 18 year old pussy, thank you very much.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  167. Alan Ralsky? by Anonymous Coward · · Score: 0

    Wasn't that spammer featured on here a while back?

    You know, the spammer that we had slashdoted their mail box, and they had to opt-out of all those magazines, mail order catalogs, etc?

    Why yes he was!

  168. A summary I put on the company mailing list by wackybrit · · Score: 1

    I study law in the UK. This means I am NOT au fait with US law or the US mechanisms of law. This is NOT legal advice, nor should be acted upon as being such.

    I just read and summarized this Act for a company I work with. Here's what I wrote (company name removed).

    ~~

    I figured this might be relevant to what some of you are involved in, or what you/company name sends. The CAN-SPAM bill was signed by the President today, and becomes law on January 1st, 2004. I imagine you've already heard about it all, but incase not, there's a copy of the act online at this URL: http://www.spamlaws.com/federal/108s877.html

    A quick summary, as it's pretty torpid reading.

    The Act supersedes existing state laws based exclusively on the regulation of commercial mail (Sec. 8(b), Para. 1 & 2). The Act controls and concerns the delivery of "commercial electronic mail". It seems like corporate newsletters (like company name's own) are not considered to be commercial electronic mail (Sec. 3, Para. 2, Subpara. B) so they are not subject to the regulations laid out in the Act. Nor are "transactional" e-mails, which means all of company name's billing mails should also be exempt. Indeed, it seems all mails except marketing are fair game.

    Of most interest is that mail which /is/ considered commercial electronic mail MUST contain an opt-out opportunity, AND a _valid physical postal address_ of the sender (Sec. 5(a), Para. 5).

    Also of interest is who gets the blame for mass mailings. This could be of importance considering many affiliates advertise company name in their spammy e-mails (of which I receive a few myself from time to time). Section 3 Paragraph 16(a) is poorly worded on this. I'd watch out for what other people think and experience on this one. Also, Section 5(a), Paragraph 3 states that you cannot send commercial mail using a From address that is not valid, and which is not read and responded to. Bear this in mind in certain situations where noreply@company name.com is used, which may be considered "commercial electronic mail" ;-)

    Anyway, looks like the Act is reasonably fair to both businesses and consumers, now let's hope we see some lawsuits getting filed in 2004, and all that spam deluge slowing down a bit.

    Hopelessly optimistic!!
    My Name

  169. Lemme see by macemoneta · · Score: 1
    With a maximum $6,000,000 fine, that makes the bounty on a spammer up to 1.2 million dollars.

    Looks like it's time for me to strap on the old six-sniffers, and bag me some spam!

    Be vewwy, vewwy quiet...

    --

    Can You Say Linux? I Knew That You Could.

  170. Yep - good A.I. will eventually defeat spam by King_TJ · · Score: 1

    It's a long, painful road -- but I'm convinced anti-spam filters can be made intelligent enough to pretty much kill off all incoming spam, other than the occasional advertisement that's out of the ordinary, and contains actual, pertinent information.

    Right now, the best of the spam filters seem to be effective enough that spammers have to resort to badly garbling up their messages just to sneak them through. (They're putting lines of poetry between every line of their own text, badly mis-spelling half the words on purpose, etc. etc.) These are all signs that spam filtering is starting to win the war, IMHO.

    You have to remember, spam advertisements generally only target certain lines of products and services. Most legitimate businesses realize that it does FAR more harm to one's reputation than it does good in additional sales - so they're highly unlikely to resort to mass emailings. This is going to be their downfall. Filters can and should be made smart enough to kill mail based on the topic - so anything hawking ink-jet cartridges/refills, drugs/pharmaceuticals, loans, extended warranties, porn/dating/matchmaking services, weight-loss, or insurance should be trashed automatically. If this is done effectively enough, I imagine that would reduce my spam by 2/3rds. or more right there.

  171. Maybe what we've been taught is wrong... by otterpop378 · · Score: 1

    As someone who runs the good part of an ISP, i can say i see more spam than most people do. 99% of the email I get is trash. As is that of the customers. We've spent thousands upon thousands of dollars on anti-spam technologies. We've spent countless hours working on the mail servers, upgrading so they can handle the volume of spam they recieve. My thought is this:
    Maybe vigilante justice IS the solution. Call it overly violent, or divinely inspired if you will, but how many people would continue to send spam if they knew people wanted to break their hand with a hammer? Maybe some spammer getting rundown in the wal-mart parking lot is what it takes to get the point across that WE DONT WANT WHAT YOU ARE SELLING. If I knowingly met a spammer, i would probably beat the bejeasus out of them. They do, in fact deserve it.
    My older brother said something the other day. He said "I think the DNC list is wrong, because it's putting a lot of people out of the job. The companies have the right to sell their product." This from someone who does not have his own phone line. All it does is keep people from trying to push products on me that im going to say "no" to anyway. It saved THEM time. He proceded to tell me that I don't know what Im talking about, and how the DNC infringes on the company's right to make a profit.
    Maybe that's why I work in IT and he delivers pizza. (but to be fair, the tips even out and he makes more than i do.)

  172. Re:Classic michael by Anonymous Coward · · Score: 0

    Stop breathing my air.

    Rather greedy of you. Didn't your socialist teachers teach you to share?

    Editors are not the only ones with mod points, but they are the only ones with absolute power. And, boy, do they ever abuse that power!

  173. Re:Why the spammers and not the spammers customers by Anonymous Coward · · Score: 0
    If a company uses that as a method then that company should be put out of business or fined heavily.

    I agree with the sentiment but I don't think it will work. Most spam I see seems to come from illegitimate fly-by-night operations overseas. The last spam I got advertised adweawen.biz, which no longer seems to have a DNS entry and was registered by someone who gave a billing address in Malta. Previous one advertised about-mgt.com, which no longer has DNS or whois entries. Then we have one that didn't even have a website but only gave out an email address from yahoo. Some spam advertises sites that were registered with obviously fake names and addresses (likely with a stolen credit card number), and the domain name itself might point to some rooted box in China. It's a bit more difficult to hide when getting an SSL cert signed by a recognized provider than it is when getting a domain, but some of these companies use services like Yahoo's sitebuilder, if they even do SSL at all (my guess is that the people who fall for spam are not those that actually verify SSL certificates). Such a law might work for shops that do mail-order business, but little of the spam I receive actually offers a physical product sent through the mail.

    Point is, a lot of the companies that advertise using spam already take measures to obscure their identities since they engage in various questionable practices (not just paying spammers) and these "companies" disappear overnight.

    Another problem: suppose I don't like Slashdot, so I root some boxes and start sending out spam that advertises Slashdot. Is the burden of proof then upon Slashdot's lawyers to prove that they didn't commission or authorize that spam? If yes, that's much more dangerous than a joe job as the victim now has to deal with lawyers and law enforcement, not just some fool spammer. If no, what's to stop companies that do advertise using spam from paying off the spammers under the table and losing records (if they don't already do so)?

  174. postage seems to be better than all so far by nsahoo · · Score: 0

    Some researchers in Carnegie Mellon are working on the implications of having a postage on emails. So far that has seemed to be the most effective of all techniques I have come across. The idea is the ISPs charge a postage to the sender and receiver has the option to waive it. Simple isn't it? Some ISP in S.Korea has implemented it and it's working well.

    --


    When a post becomes too insightful, it often becomes funny.
  175. Re:What is going on in the US? by JuggleGeek · · Score: 1
    How can anyone complain about and Anti-SPAM law?

    Nobody is complaining about an anti-spam law. The law being discussed does not outlaw spamming. It protects it.

  176. Re:Classic michael by the+man+with+the+pla · · Score: 1

    Slashdot could do whatever it wants in terms of biased reporting and censorship, if they owned up to it. Have you seen slashdot's editors mention the mass banning of moderators who modded up the troll investigation? Me neither.

    It is for these reasons that slashdot must be destroyed.

    --
    The linux hacker
  177. The problem is that the target keeps moving... by MadAnthony02 · · Score: 1

    I've been listening to this anti-government crap for the past 5+ years in the discussions of spam. If technology has had the ability to solve this problem, then just when the hell was it going to happen?

    Part of the issue is that the target keeps moving - as soon as technology stops spam, spammers find a way around it. Spam blocking technology has come a long way in the last 5 years. But so has spam delivery.

    I'm pretty impressed with Yahoo's spam filters - it seems to catch about 95% of the spam that I get on my old junk yahoo account. So I think technology does provide a decent solution, at least in some cases.

    I'm a small-government guy, so I think twice about any federal law. This one in particular overrides some state laws that were just starting to be effective, and if given time I think would have been more effective than the federal law. So I would rather see technology and state laws above a federal law.

  178. CANned SPAM? by Codifex+Maximus · · Score: 1

    I looked at the name of the bill and all I saw was CANNED SPAM. Though I realise it really was CAN SPAM.

    SPAM in a CAN... CANNED SPAM. Are we throwing the SPAM in the garbage CAN or are we being fed CANNED SPAM.

    --
    Codifex Maximus ~ In search of... a shorter sig.
  179. supersession by states by Down8 · · Score: 1
    I was looking thru the coming law, to see what exactly it said about superceding the State's rights on the matter, and here is the relevant section:
    [SEC. 8. EFFECT ON OTHER LAWS.]
    (b) STATE LAW-

    (1) IN GENERAL- This Act 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.

    (2) STATE LAW NOT SPECIFIC TO ELECTRONIC MAIL- This Act shall not be construed to preempt the applicability of--

    (A) State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or

    (B) other State laws to the extent that those laws relate to acts of fraud or computer crime.

    (c) NO EFFECT ON POLICIES OF PROVIDERS OF INTERNET ACCESS SERVICE- Nothing in this Act shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.

    So, the national governement has decided to rule over on State's rights with this one (a place for Republicans to step up), but there are ways around it.

    First: They can make laws against falsifying information in e-mails, so false-headers and _anything_ false in the e-mail could still be prosecuted by the states. I could see this being expanded to something like using open-relays, since the spammer may not have had legal access to them - but that is a strech.

    Second: States are allowed to make broad unwanted mail laws, just not specific e-mail laws, so do it. Make a broad, hard hitting law, that can be applied to postal mail, too, but choose to enforce it against only spammers - not like we don't already pick-and-choose who gets the book thrown at them and who walks.

    Third: Computer fraud and abuse: now here's where the opey relays and falsified headers are beggin to be prosecuted under state laws.

    Fourth: ISPs can do as they will with spam, so any state could choose to aid ISPs in any and all ways to combat spam, and do an end-around around the central government.

    Those are my thoughts. But what do I know - I've only had a small amount of training in contract law. though I've been getting screwed by the government and its agencies increasingly more as I grow older.

    -bZj
    --
    .sig
    1. Re:supersession by states by enforcer999 · · Score: 1

      You are partially correct but not entirely. The CanSpam bill has preempted most state laws regarding email. It has not preempted the portion of these state laws that specifically deal with deceptive headers and subject lines. However, passing broadly based "mail" state laws will not work. If it is directed at spam in any way, the spammers can come back and fight that it is preempted. They would probably win. There are a lot of problems with this new law and to be quite frank, I can not stand it. It is still unknown whether or not a state will be able to go after spammers criminally. Under this bill, a state only has the ability to go after spammers civilly. Whoopie!!! I am sure that the spammers are running scared now. However, many states have criminal laws in place that can be used to go after spammers. *sigh* I am 100 percent positive that the first state to bring criminal charges against a spammer after Jan. 1 will get slapped with Motions to Dismiss based on Preemption. Ugh!

  180. Re:Classic michael by Anonymous Coward · · Score: 0

    You are a worthless nigger. Please die.

  181. An effective do-not-e-mail registry by jjo · · Score: 1
    While a do-not-e-mail registry that included individual e-mail addresses would simply be a magnet for unscrupulous spammers hungry for 'live' addresses, a different type of registry has a chance of working.

    If instead of listing full e-mail addresses, the registry included only e-mail domains, it would be easy to administer, easy to comply with, and not susceptible to abuse by spammers. For example, if AOL submitted aol.com to the registry, if would cover all of its subscribers at a stroke. All by itself, this would be a fair and workable system, but the DMA would scream bloody murder because it would sign up some recipients without an explicit action on their part. (Of course, they could change to a UCE-friendly mail service that did not sign up for the registry, but that would hardly satisfy the DMA.)

    A refinement of this system would create a workable do-not-e-mail registry, without requiring a cumbersome, expensive, and perhaps ineffective secret govenment database. It would work as follows:
    • a domain owner lists its domain in the registry (e.g. aol.com)
    • the domain owner must also publish a companion domain name to which it is legal to send spam (e.g., aol-allmail.com)
    • by default, all mail to the companion domain is forwarded to the main domain, (e.g. user@aol-allmail.com is forwarded to user@aol.com), but by explicit request the user can turn off the mail forwarding
    • someone who wants to send UCE to a domain on the list will send it to the alternative domain instead, and if the user has turned off forwarding (or if the user does not exist) the sender will get an error response.


    This scheme divides up the do-not-e-mail registry and puts each part in its appropriate place: the public part (the domain names) is managed by the government, while the private part (the usernames) is managed by the ISP's. The best thing is that the new law requires the FTC to study the feasibility of a do-not-mail list, and authorizes it to put the list into effect nine months from now. We need to make sure that the FTC knows that it is possible to create a workable do-not-e-mail database by just adding a little design creativity.
  182. Re:Classic michael by gamgee5273 · · Score: 1
    I think you miss the point. This is more of a "news clearinghouse." When did Taco last write an article? Or Michael? Or Neal? This is not a news organization - it's a community bringing stories to each other because we all have interests, however broad they may be, that intersect.

    Think of this as a high school debate class. One of the guys volleys a topic in the air and starts the debate...

    This just isn't a news outlet.

  183. Re:Classic michael by gamgee5273 · · Score: 1

    Hmmm... speaking as a moderator, I suggest easing up on the rhetoric.

  184. My opt out by KalvinB · · Score: 1

    is my blacklist and filter rules.

    Nothing in that area has changed. All it does is force "legitimate" spammers to use easily filterable tells. That's a Good Thing(tm) as false positives will go down.

    Meanwhile, we deal with the "illigitimate" spammers just the same as before.

    Ben

  185. Circumventing or ignoring those things by KalvinB · · Score: 1

    were the major methods for getting around filters.

    By following those guidlines filters will be capable of 100% accuracy with "legitimate" spam.

    Now there will just be more legitimate spam. Which means more spam being sent (since it's legal) but far less being recieved (since it's so easy to filter).

    Have fun Ralsky. Send all you want. I won't be seeing any of it once the tells are all established in my filters which won't take long.

    Ben

  186. Is this what America has come to by the+man+with+the+pla · · Score: 1

    Let me tell you something, growing up and living in my home country of Belaruse has taught me one thing: People who say "tone down the rhetoric" are agents of something very sinister. Shame on you all.

    --
    The linux hacker
    1. Re:Is this what America has come to by gamgee5273 · · Score: 1
      No, what I'm saying is that you can better fight the system by working inside it.

      Don't try to "shame" people into doing things because you don't like what they say. You have to learn how to work with them.

  187. MS help new email protocol? by solprovider · · Score: 1

    I agree that this law was an incredible win for the spammers. Otherwise the new CA law would have made a (small) difference. It is nice to know our government responds to the needs of all businesses with money, regardless of their ethics and how they annoy the citizens. I also agree that any solution must be technical, not legal, especially since the government is placing themselves in the other camp.

    I doubt MS will be of any use in distributing a new email protocol. First, we need to design the new protocol to be usable on the hostile internet. Then we can try to get the mail clients to use it. Mozilla would have it very quickly. Mozilla seems to be spreading rapidly from what I hear from non-techies, but I have no stats.

    If MS is going to fix MSOutlook to work with a new email protocol, it would only be available when buying their next OS, and possibly included in a MSWindowsXP service pack. This is called a marketing opportunity. "Buy our new version and reduce SPAM." Even though all of the technology would be invented/defined by the OSS crowd. And MS would have to learn how to read the RFC so they could change MSExchange to fit. That costs money (and brains) = probably would not happen unless more money could be made.

    IIRC, 1/4 of surfers run MSWindows9x, one fourth run NT4/2K, one third run XP, one sixth run "other". MS would try to use this to get half the surfers to upgrade.

    This policy would not change the world in 6 to 10 months. The only reason XP is the top group is because almost all machines sold in the last 2 years had it preinstalled. Do you know anybody who "upgraded" to XP without buying a new PC at the same time or soon after?

    So if MS added the new protocol, it might be usable in 5 years. My opinion is that MS will stop owning the desktop soon, so better software will have a chance to effect this change without MS.

    Does MS even patch MSOutlookExpress any more? I thought that was cancelled with MSInternetExplorer. I could be wrong.

    I worry that people are dropping broadband because of the RIAA, and are dropping email and chat because of the spam. Email was the killer app for the internet. Many people may soon only use the internet for surfing.

    (Sorry. Not my usual cohesive post. Time for bed.)

    --
    I spend my life entertaining my brain.
  188. Re:Why the spammers and not the spammers customers by herbierobinson · · Score: 1

    Actually, the law says they are equally liable. Well, actually it defines a spammer as being anybody who causes spam to be sent (whether they do it themselves or pay somebody else). It also says that the person or company being promoted is guilty if they don't take steps to stop the spamming once they find out about it.

    --
    An engineer who ran for Congress. http://herbrobinson.us
  189. hashes by danielsfca2 · · Score: 1

    But aren't hashes constructed by definition in such a way that the hash of the message "V*i-4.G..R.a." would be as different from "V*i-A.G..R.a" as the hash of "Hello TGK"? The way spammers operate now, cycling random letters, random text, random punctuation, and random grammar would do a pretty good job of evading automated matching of spams with their duplicates.

    If that's only a property of some hashes, then I stand corrected.

  190. Re:Please opt-out - 10,000 times by Skweetis · · Score: 1
    Not quite. Each spammer is required to provide (quite specific) ways for you to be able to opt out, and to stop sending you stuff if you do opt out. However, there is also going to be a Do-Not-Spam List that you can subscribe to which will allow you to opt out of all spam.

    Of course, this is all academic anyway, judging by the small percentage of spam I get that actually comes from places that will be bound by this law, and I don't see even our current administration starting a war or something over spam :).

  191. Great, a do-not-spam registry. Wonderful. by cr@ckwhore · · Score: 1

    Does anyone else see the inherent flaw in a US do-not-spam registry? Ok... "do not spam me, here's my address". So, the government is establishing a list of valid email addresses.

    What happens when somebody pulls the FOIA to obtain the list? What happens when the list is leaked? Great... millions upon millions of valid email addresses could go for a pretty penny to spammers in china. How is this supposed to stop spam, especially when the majority of spam originates from sources foreign to the US?

    I'm not defending spam -- my solution is running spamassassin on my mail server. Works perfectly.

    I think that if more people would install their own spam filters, we'd reduce the spam market within the US and the amount of spam would decline as spammers would be forced out of business. As a libertarian, I think this approach would be *far* better than a government imposed "solution".

    --
    Skiers and Riders -- http://www.snowjournal.com
  192. Be afraid, be very afraid by scumbucket · · Score: 0

    All those who have repsonded to this thread are in very real danger of having their moderation privileges permantly revoked my Michael.

    --
    CMDRTACO CHECK YOUR EMAIL!
  193. It is time to take up arms by the+man+with+the+pla · · Score: 1

    When the force you are working against scilences your voice, it is time to stop working from within and work from without. It is clear that slashdot's editors are unwilling to address their censorship publically; trying to convince them to do so only legitimizes them.

    I really wish there were some kind of web site or organization that was committed to working against slashdot. I know in my home country such organizations are crucial in bringing about the great justice.

    --
    The linux hacker
    1. Re:It is time to take up arms by gamgee5273 · · Score: 1
      You know, why do you stay here if you are upset with how things work? Go and create your own site.

      Remember, /. isn't a public entity. It is a company in the business of making money. If you don't like something, then vote with your pocketbook, or, rather, your advertisement attention, and walk away. /. does not have influence over your life. It doesn't shape it or mold it.

      It's a website. The power it has over you is only the power you allow it to have.

  194. Boycott the Advertisers by handy_vandal · · Score: 1

    For example, I keep getting spams for Circuit City stuff, they haven't learned from my 4+ year boycott of them that I don't want them to email me. We should be able to consider Circuit City to be an accomplice to the actual emailer, as they are the company that bought the "ad".

    I agree with you about boycotting advertisers. But companies like Circuit City -- real companies selling real products and services to the American public, with established business presence, subject to law and boycott -- are the minority case.

    Most of the spam I get is from God knows who, God knows where ... fly-by-night storefronts, transient criminal enterprises in Nigeria or wherever, factories in China, etc. No leverage there -- nothing to boycott because I would never buy in the first place; and no law I can bring to bear.

    -kgj

    --
    -kgj
  195. Re:Classic michael by Overly+Critical+Guy · · Score: 1

    Nonetheless, it's a highly influential website. To ignore that fact is immoral.

    --
    "Sufferin' succotash."
  196. I bravely stay by the+man+with+the+pla · · Score: 1

    I stay to help people like you understand the injustice. I stay in the hope that I can wake the sheep from their slumber and flock them to a brighter tomorrow. If people never stood up against non-public entities, can you imagine what a condition the world would be at! Slashdot shapes and molds young geeky minds like yours, and it does so mired in censorship and conspiracy, and I will fight on until a the battle for your heart is won.

    --
    The linux hacker
    1. Re:I bravely stay by gamgee5273 · · Score: 1
      You're starting to sound like a Christian missionary. Considering how virulent they tend to be, those are not people I have much respect for.

      To start with: I'm well beyond being "young" and you should watch how you throw that attitude around, sir. My mind was shaped long ago and I am happy with where it is, thankyouverymuch.

      Secondly, I applaud your desire to be a martyr, but I think you're only misleading yourself and, frankly, being awfully close-minded when it comes to an opposing viewpoint.

      I come here to pick up news, discuss issues, moderate and metamoderate. That's it. I deal with biases and politics every day (I run a help desk for a state university). I've played politics, both clean and dirty. /. is nothing compared to the sludge that I've slung and have had slung at me.

      Again, to be frank, I don't let anyone tell me how to think. That includes both the /. editors and you. And the condescending attitude you are putting forth is not winning me to your point of view.

    2. Re:I bravely stay by Anonymous Coward · · Score: 0

      Shut up, nigger.

  197. Useless legislation. by arothmanmusic · · Score: 1

    How does passing a law about something suddenly make it stop happening? Offshore spammers... header forgers... people who send 20,000 emails from ufb892y3h0ebf@yahoo.com... they're not going to be deterred by this.

    As for 'legitimate advertising email' sent with real subject lines, valid contact info and working opt-out addresses... this law simply lays out guidelines, thereby removing the gray areas for those who haven't been doing it yet because they thought it might be illegal. I say if this law has any effect, you'll see more unsolicited mail than you did before because now it's been made legally acceptable if you follow the right rules.

    Do not spam registry?? Hahaha... riiiiiight.... and how do they propose to administer that?

  198. Re:What is going on in the US? by Anonymous Coward · · Score: 0

    yes it is flaimbait stupidd!!!! anything pro-bush is flaimbate and must be moodded down!!!!1

  199. May you see the light by the+man+with+the+pla · · Score: 1
    I remember when I used to think like you...when I used to think that it was ok to sit by and do nothing while others were being oppressed. But consider this:
    First they came for the Jews, and I did not speak because I was not a Jew. Then they came for the communists, and I did not speak because I was not a communist. Then they came for the homosexuals, and I did not speak because I was not a homosexual. Then they came for the trade unionists, and I did not speak because I was not a trade unionist. Then they came for me and there was no one left to speak for me.

    It's a shame to see such a promising young mind be infected with the same disease that lead so many people to their deaths.
    I remember how important it used to be to me to get +5s and be popular...but I saw what I was doing; I saw that I was supporting censorship by helping slashdot's "nazi" editors by giving the illusion that this is a user-controlled site, when the fact is that it's a facist regime controlled by a few (sound familiar?) I'm hopeful that you'll realize I'm write when you read this.
    --
    The linux hacker
    1. Re:May you see the light by gamgee5273 · · Score: 1
      NEVER preach to me, son!

      My grandfather was one of the first US soldiers into the death camps when Europe was liberated. You have no idea who I am or what I and my family have been through.

      Take your holier-than-thou attitude and shove it. You leave no room for debate, no room for discussion.

      Thus, you, sir, are the exactly what you claim to be railing against. You are a close-minded fool, and it is not worth my time to deal with you. I have more important things to deal with than paranoids...

  200. Perhaps I've lit the fire of TRUTH by the+man+with+the+pla · · Score: 1

    Imagine what your grandfather would be saying if he saw you now, siding with the axis. You should be ashamed of yourself.

    You are right about one thing: The truth does not leave room for debate. I am absoluetely correct.

    My young friend, please believe me when I say that a few years ago I might have been the one typing your mindless posts...so full of adoration for slashdot's editors, so quick to defend their "right" to run a site that claims to be a geek forum but is in truth a facade for their own megalomania and the corresponding stupidity of their masses.

    And so, once again, I find myself acting as the flashlight of truth, sheading light on injustice, only to be switched off by the hand of man, too cowardly to face the truth, the whole truth, and nothing but the truth.

    --
    The linux hacker
    1. Re:Perhaps I've lit the fire of TRUTH by Anonymous Coward · · Score: 0
      so quick to defend their "right" to run a site that claims to be a geek forum but is in truth a facade for their own megalomania and the corresponding stupidity of their masses.
      So what you're saying is, it's a geek forum.
    2. Re:Perhaps I've lit the fire of TRUTH by gamgee5273 · · Score: 1
      Hmmm... but do you really type your posts at all, my boy?

      That link goes to prove you're simply an ignorant slob, and you've seriously undercut any credibility you could possibly have.

      Adios. If I were you, I would pray we don't meet again.

  201. Technology vs. Laws by beakburke · · Score: 1
    The first step ought to be anti-fruad laws. It's one thing to send spam from a legitimate domain with a legitimate return address and opt out mechanism. It's quite another to engage in forging headers and sending from open relays and all sorts of other deceptive practices.

    The way to do this is to go after the companies who advertise this. Get to the root of the problem; it's not the necessarily the senders, it's the people who think they can push their product this way. If they want to sell it, then they have to give you information at some point. Thats when sic johnny law on them. Other than that, I think congress best stay out. Technology will always be one step ahead of the law. So ammend existing laws that target other deceptive behavior to those spammers who engage in those deceptive practices. Ideally, laws would be general enough to cover these situations already. (Which could launch me into my soapbox about the insane number of laws that we have. All because lawmakers feel the need to react to events and make whole new laws rather than attempting to work within the existing framework. Simplify. Attempt to extend the same principle to all areas where said principle is appropriate. etc.)

    The combination of RMX and blocking open relays assures that the mail comes from where it claims to come from. This will eliminate the most deceitful spammers and at least make spam a minor annoyance, much like regular junk mail, rather than an all consuming avalance of junk and waste of bandwith and resources.

    --
    ----- Question authority, but not ours. Hate the man, but we're not him.
  202. Changing the subject, a sure sign of a coward by the+man+with+the+pla · · Score: 1

    I'll have you know that the post you linked to was posted by another account of *mine*, thank you very much.

    Go on promoting the facists, I'll go on fighting for freedom.

    --
    The linux hacker