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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).

103 of 573 comments (clear)

  1. 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 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.
    4. 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!

    5. 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*

    6. 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.

    7. 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.

    8. Re:Opt-in for all email... by amnesty · · Score: 2, Insightful

      Agreed.

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

    9. 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.
    10. 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.
    11. 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.

    12. 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.
    13. 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
    14. 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.

    15. 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.

    16. 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.

  2. 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

  3. 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".

  4. 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 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.

    3. 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.

  5. 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.

  6. 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.

  7. 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!
  8. 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.
  9. 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?

  10. 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 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.
  11. 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?)

  12. 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
    #
  13. 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.
  14. 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 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???
  15. 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"
  16. 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.

  17. "anti-spam law" by burgburgburg · · Score: 4, Insightful
    Clear Skies
    No Child Left Behind
    Healthy Forests
    Patriot Act

    Doublethink doubleplusgood!

  18. 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.
  19. 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.

  20. 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.
  21. 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 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
  22. 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
  23. 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.

  24. 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.

  25. 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...

  26. 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 ...
  27. 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.

  28. 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 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.

  29. 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 =]

  30. 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...

  31. 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".

  32. 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
  33. 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?!"
  34. 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
  35. 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 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.

  36. 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

  37. 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.

  38. 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!
  39. 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.

  40. 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.

  41. 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 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.

  42. 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?"

  43. 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.
  44. 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".

  45. 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.

  46. 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?

  47. 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.

  48. 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.

  49. 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 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.
  50. 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.

  51. 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.
  52. 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
  53. 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!
  54. 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.

  55. "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.

  56. 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
  57. 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

  58. 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.

  59. 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.

  60. 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.

  61. 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.
  62. 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
  63. 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 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

  64. 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...

  65. 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

  66. 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

  67. 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....
  68. 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...
  69. 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

  70. 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
  71. 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...