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Spammers Not Complying With CAN-SPAM

Zelphyr writes "The Register is reporting on a study done by MX Logic found that of 1000 messages tested, only three complied with the recently enacted CAN-SPAM act. Little wonder why the spammers weren't shaking in their boots when this spam friendly anti-spam bill was passed."

33 of 296 comments (clear)

  1. What a fscking shock... by geminidomino · · Score: 5, Insightful

    A law that says it's OK to spam, has exactly 0 enforcement behind it, and overrides stronger state laws didn't have an effect on the spammers? Who'da thunk it. Welcome to the U.S. of A. We have the best Government money can buy (off).

    1. Re:What a fscking shock... by haxor.dk · · Score: 5, Insightful

      Don't attribute to conspiracy what can adequately be explained by stupidity.

      The US gov't doesn't hold its hand over the spammers - not intentionally anyways. They're just utterly ignorant about the extent of the SPAM problem. Hence the weak legislation that has been passed.

    2. Re:What a fscking shock... by Tehrasha · · Score: 5, Insightful

      What conspiracy? A conspiracy would imply that something was done behind closed doors, covertly away from the public eye. The DMA (Direct Marketing Association), remember those guys, the ones who opposed the junk-fax ban and Do-Not-Call list? They supported the senators who wrote the freaking bill!! There was no conspiracy. Fox/Henhouse.

  2. Anyone surprised? by Kjella · · Score: 5, Insightful

    I mean, really. They've shown so much respect for other laws (deceptive marketing, viruses, DDoS, fraud, hacking relays, illegal use of resources like open relays) so why should this be any different?

    Kjella

    --
    Live today, because you never know what tomorrow brings
  3. Duh! by NemoX · · Score: 4, Insightful

    Most spammers are from overseas in non-cooperative countries (with the US). This is a US law. What do they care? This law has no effect on illegal spamming. Besides, a vast majority of it comes from compromised home Windows boxes...they should just sue microsoft for making shatty insecure O/S' which help increase your daily spam. All it's going to to is get a lot of innocent and naive computer users in trouble for not securing their boxes and allowing overseas spam to bounce through their home PC's.

  4. Why even bother? by tuxette · · Score: 5, Insightful
    What's the point of having this anti-spam law in the US anyways? The real point I mean. Is it an attempt to make American citizens or the people of the world think that the US is tough on spam or something? I mean all that stuff about real address and markers for porn are nice and all, but without the rule of opt-in, you may as well not bother having an anti-spam law at all.

    An anti-spam law ought to ensure that people do not receive spam. Period. It doesn't matter if the addresses are real or not. It does not matter if they are marked for pornographic content or not. They should not be receiving that kind of e-mail in the first place, and it should not be a burden upon the people to ensure non-receipt of spam. And if for some reason someone or other wants this kind of e-mail, they should explicitly consent to itsreceipt.

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:Why even bother? by pjrc · · Score: 5, Insightful
      An anti-spam law ought to ensure that people do not receive spam. Period.

      No. Not period. Saddly, life just isn't that simple. In fact, there isn't even a precise, widely accepted definition of exactly what is and is not "spam".

      The precise definition problem is not with obvious ads for viagra, get rich quick scams, debt consolidation and mortgages, porn, and so on. It's with the fringe cases. Defining "spam" precisely enough that a ban could be meaningful is a giant problem. It's a problem most of the anti-spam community has recognized for quite some time.

      It's easy to be an armchair politician and declare "all spam should be illegal, period".... but what exactly is you definition of spam that will be banned? Something more precise that "I know it when I see it"?

      Anyone who administers mail lists, for example, will be able to tell you that even benign non-commercial lists regularily get complaints about being "spam". Many would call those end users "clueless", in that they signed up for announcement or to participate in the list (often with a double-confirm process), but later forget they had ever expressed an interest and accuse the mail list operator of spamming them.

      It does not matter if they are marked for pornographic content or not.

      Yes, it does. At least that's what the research has said. Perhaps you missed the article months ago, where researches surveyed how spam impacts real people, and found that the overwhelmingly strongest frustration with spam is the inability to filter porn spam.

      It doesn't matter if the addresses are real or not.

      Yes, it does matter.

      It's also a lot easier to define and verify whether message header and envelope information (used by SMTP) are a legitimate, good-faith representation of who transmitted the message, than it is to define whether the content of the message is "spam".

      .

      However, your message does make the very good point than an opt-in standard is the only real, long term solution. Saddly, it looks like there is not enough political support for a true opt-in standard in US law (like we currently have for faxes).

      Maybe the failure of this CAN-SPAM law will prompt opt-in? But I would expect first a modification that adds some real enforcement and penalties for forged headers/envelope and mis-labeled porn.... which are both easy to prove and will provide at least some relief.

  5. And now what? by tacocat · · Score: 5, Insightful

    Now that we've pretty much proven the the current Congress is entirely incapable of doing squat for it's voting constituents (and worlds for their Special Interest, PACs, and Business/Corporate campaign contributors) I am wondering what will really happen next.

    This is pretty clear evidence that Congress doesn't really do a great job in protecting the interests of the voting public.

    It seems to me that these people have forgotten that while we live in an Economic system called a Capitalist system, we live in a Political system called a Democracy. They are not the same system and not the same functionally.

    Business has done an excellent job at protecting themselves at every turn under the banners of "Don't hurt the already ill economy" or "Free Trade, Capitalism forever" without any voices standing up for the basic rights of the voting public.

    I would have expected that the issues surrounding the Internet would have become more political by now, but I believe I assumed that more people would care about these things. Recently I have been approached by a number of people who honestly thought that the CAN-SPAM law was going to solve all their problems. They thought I was full of BS when I told them CAN-SPAM actually legalized spam. But then they never read it and I did.

    The reality is this: Congress will never really do anything to protect the private citizen unless there is some Corporation behind the initiative to either make money, or block their competition. I haven't really seen anything of late that would contradict this. Have you?

    1. Re:And now what? by DukeLinux · · Score: 4, Insightful

      I agree. Politicians can virtually take their votes for granted. The districts are so gerrymandered that it guarantees a select party will always take the seat. Also most people vote along party lines thinking that there is actually a difference. The rhetoric is different but the end result is the same: bigger government, higher taxes and less freedom. I vote against all incumbants. I do not favor any particular party and I try to understand the issues. Unfortunately, we are given little choice at the polls since things are so highly controlled. I would like to see some other countries come in and monitor our "free elections" for a change. They are a joke and so are we. As long as the peasants put up with the status quo then I guess we will get what we deserve. Perhaps when the American economy consists only of CEOs, Laywers and burger flippers people will get a clue...but I am not hopeful.

    2. Re:And now what? by pjrc · · Score: 3, Insightful
      Don't forget that voters also elected in a republican majority to both the house and senate, and floria fiasco aside (still nearly 50%) voted for a republican president.

      Now, you were saying something about congress passing an act that favors big business and "doesn't really do a great job in protecting the interests if the voting public"....

      It's pretty obvious that the voting public, faced with only two (viable) rather similar political parties, had chosen the one that clearly favors economic interests and opposes government regulation of business.

      CAN-SPAM certainly appears to be a failure at regulating spam, but to call it a failure of democracy would be to ignore the will of the majority of voters, who clearly elected a majority of republicans to both the house and senate, and who showed strong support for Bush 3.5 years ago (even if the result was a "toss up").

  6. Big EMAIL List by Nadsat · · Score: 4, Insightful

    Well, in the meantime, the US Government is getting a large email list. Can anyone guess how it will first be used? Elections? Non-Profit group?

  7. CAN-SPAM!!! So they can spam by deadmongrel · · Score: 4, Insightful

    hey the act said they "CAN-SPAM" so they spammed. guess they are complient!. Seriously Law should be the first line of defence and shouldn't be the last one. enforcing a law internationally is very very difficult.I am not sure why this is even a news. I am sure this law is just a joke for most of the companies 'cause there would be loop holes which they can exploit.

    Even if they are complient there are spam anyway. I don't think it makes much of a difference.

  8. Re:Obvious flaw by Anonymous Coward · · Score: 5, Insightful

    No, it's an accurate description of the law. It means you CAN SPAM.

  9. Re:Internet Death Penalty by jellomizer · · Score: 2, Insightful

    Ok now the real problem is who is going to enforce it.
    You don't want one large company to make the decision for you because then they can just block all their competitors because they were "Spamming people" with their technical newsletters that they signed up for.
    Having the government control it could be seen as a form of censoring information, and besides the government will be really expensive and take for ever to get things done, "You call them up to tell them that you closed your open relays, they check it out (by opening the routing table checking it and then closing it) and go yep your all set your now running spam free please wait 4 to 6 weeks until your operational again.
    You don't want those little small companies/organizations like the ones who do blacklisting do it. Because if they don't like you they wont put it back up and these people will have to go threw hundreds or thousands of these little companies to start their network again.
    If you are to tough on "Spam Friendly ISP" which are often smaller ISP to may or may not like Spam and sell the guy bandwidth and go here is your internet connection we promise not to filter any of your date or monitor any of your information anything illegal you do is your responsibility not yours.

    My proposal is much more simpler. Most of the Spam (The Illegal Stuff especially) goes thew open relays (which are often operated by incompetent sysadmins or by people who don't know better), Now if you fine the relay $1000 a week for leaving wide open. Then most likely most people will close it. Now here is the good part $500 a week of the fine money goes to the person/organization who discovered the open relay. Now $1000 a week may not seem to much for those big corporation (but most of those have pretty tight systems) but for those small companies $1000 a week is a good chunk of cash but not normally enough to put them out of business, but they would be happy to put the extra time and/or money to fix the problem to avoid the expenses. Now with a lot of the relays closed and the people who are fining them have extra cash in their pockets. There is a lot less illegal spam and the spam that does go threw will be much more manageable (because the routing to the abuser is far more visible and more easily enforced.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  10. Silly Fools.... by Gorillaka · · Score: 5, Insightful

    Analogy: Certain groups are upset with the amount of rugby being played over in Austailia. So they lobby congress and have a bill passed against it. But wait! They're still playing rugby in Austrailia.. what happened, we passed laws against it!?

    Most of the spam does NOT come from the US. It's retarded to assume that these spammers all over the world are expected to change their core business model because the US passes some law.

    "But wait, I know that a lot of the ringleaders behind all this MUST be in the US". Sure.. but the reason they can hide themselves so well is because they're breaking a dozen other more serious laws in the process of sending out their crap. CANSPAM is seriously the least of their worries.

    The spam situation in the world right now is one of those things we'll tell our grandchildren about some day.. as someone growing up under globalization will laugh at the 'crazy' notion that two individuals on the same internet weren't governed by the exact same set of laws.

    So anyway, until full globalization is upon us (hey.. I guess the one perk is that it'll cut down on spam), your best bet is to upgrade your filters and use Shadango.com. In case any of you haven't heard yet, Shadango allows you to check all of your accounts from one interface (imap, pop, aol, y!, hotmail, etc), PLUS if filters ALL of them for you in real time. I seriously did not believe it worked until I tried it.. I've actually had the first spam-free week since the mid 90s. Check it out.. it works.

    That's my two cents

    Kevin

    1. Re:Silly Fools.... by arkhan_jg · · Score: 4, Insightful
      Moust of the spam does NOT come from the US. It's retarded to assume that these spammers all over the world are expected to change their core business model because the US passes some law.

      I think you are incorrect in this assumption. spamhaus shows that, of the 200 or so top spammers (that create 90% of the spam) almost all are american or canadian based. They are also invariably advertising US goods and websites, priced in US dollars, from US-based companies, with the one exception of nigerian scammers. If America can get it's house in order, then the world spam problem will be massively reduced.

      Admittedly, much of the spam is bounced off asian proxies, or trojaned windows boxes; but that just shows that american and european ISP's crackdown on open relays and spammers is having at least some effect.

      What NEEDS to happen is
      a) much greater action by american law enforcement for fraud by the sellers and spammers, along with prosecution of the other major offenses.
      b) laws specifically drafted to make spam illegal, unless opt-in, with heavy penalties and again, strong enforcement.

      Client side spam filters are a sticking-plaster on an amputated limb. They help filter your own mail, at the risk of false positives (which are increasing, given the increasing attempts by spammers to make their mail pass baynesian filters). They do nothing to reduce the massive load on the infrastructure caused by spammers.

      Currently, this is a US problem that is affecting the world.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  11. source and blocks by midgley · · Score: 2, Insightful

    Much of the spam I get appears to come from the US, but clearly the spammers can buy hosting in other areas as life is made harder for them in the US.

    What is as relevant is that no legitimate email comes to me from (for instance) the Chinas, and little from the rest of Asia, whereas there are people I want to hear from in the US.

    So I can easily block large IP ranges but I cannot easily do that against the US spammers.

  12. This idea is stupid by keeboo · · Score: 2, Insightful

    Let's get extreme and start dropping packets from entire /24s from which spam is originating. In extreme cases, let's drop entire spam friendly ISPs.
    This is the only way to get rid of pink contracts, if all the customers of an ISP suddenly find that large parts of the Internet become unreachable to them.


    Righ... Let's say you get some SPAM from an ISP in Argentina (200.x.x.x) - "oh, let's block the entire /24".
    Great idea, now not only you blocked the whole country, but almost the entire South America.

    Unfortunately the IP gluttony in the Northen Hemisphere didn't leave much IPs left to the "3rd World". -- Thus, you can't treat the networks here as if you were in the Asia or Europe.

  13. Spam vs. TV commercials by Anonymous+Brave+Guy · · Score: 2, Insightful
    Do you cry because television stations have commercials without asking for your consent?

    No, but then it doesn't cost me money to download commercials, the commercials go towards supporting the programmes I actually want to watch, commercials provide a useful break during longer programmes, and it takes me no effort to ignore a commercial without them building up until my TV no longer shows me programmes any more.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  14. Re:No, you got it all wrong... by ahknight · · Score: 3, Insightful

    What is Vipul's Razor?

    It compares your mail to everyone else's spam to see if it's spam, too.

    (Was that so hard?)

  15. International law... by rotciv86 · · Score: 2, Insightful

    How can we enforce spam laws on companies based offshore?

    --


    My ghEtt0 webpage.
  16. how 'bout the "U CAN SPAM" act? by Anonymous Coward · · Score: 2, Insightful

    "You CAN indeed SPAM" is probably what the authors intended.

  17. Most spammers ARE from the US by Anonymous Coward · · Score: 2, Insightful


    get your head out the sand, blind patriot
    http://www.spamhaus.org/rokso/index.lasso

  18. OK..What Would You Do? by reallocate · · Score: 3, Insightful

    >> An anti-spam law ought to ensure that people do not receive spam.

    How would you propose doing that? Making something illegal doesn't make it go away. One might as well argue that "an anti-murder law ought to ensure that people do not commit murder."

    Fine or arrest everyone who creates spam? OK. What's your definition of spam?

    Mandate changes to SMTP? OK, but the cost of implementing the changes will be paid by you and me.

    Mandate some kind of magic spam blocking code in all operating systems and mail programs? OK, but if legislation can compel you to use one kind of software, it can compel you not to use another.

    No one likes spam. But, stompinmg your feet and decaliming that someone ought to make it go away isn't especially useful.

    --
    -- Slashdot: When Public Access TV Says "No"
  19. Cut the purse strings. by rotciv86 · · Score: 2, Insightful

    The spammers must be making money from sending all this spam, how many people actually click through and order the junk being peddled? I imagine if nobody ordered anything from spammers there'd end up being no profit and no reason to spam.

    --


    My ghEtt0 webpage.
  20. Re:Reminds me of the so-called 'do not call' list by /dev/trash · · Score: 2, Insightful

    Yeah the "Prior business arrangment" part needs clarified but the more important question is why did you fill out and return the warranty card in the first place?

  21. SPAM Isn't the problem.... by The+Bandit · · Score: 2, Insightful

    What's the problem is the fact that it is assumed that I wanted to be opt-in'ed. Who decided for me that I WANTED all the spam. If the government would simply make it into law for spammers and telemarketers that they assume I'm not already opt'ed in, the things would be better. Make the people that contact us PROVE that we signed up for their crap.

  22. Block me and I will sue you by KalvinB · · Score: 1, Insightful

    If you block a range of IPs that happens to have a legitimate user that relies on e-mails to conduct business I hope you get your house repossesed.

    People subscribe to my web-site and I send them e-mails back to give them their account information with password. If you blacklist my IP you've just stolen money from me. I'll still get their notices since I can check my account for funds transfers. But there's no way to send them their passwords. So you just cost me money and I will sue you. I'm on a one year contract with the ISP so I can't very well move. Or maybe you'd also like to be sued for the costs of breaking the contract and for the cost of moving somewhere else.

    These braindead blacklist runners (such as yourself who thinks dropping IP ranges is a good idea) have probably pissed off enough people by now to start a decent sized class action lawsuit.

    It doesn't work. It's counterproductive. And you're inviting lawsuits from your "collateral damage" and frankly I'd like to see some go to court.

    ISPs don't need to answer to blacklists. They do not define the law. ISP's who happen to get a spammer on board have committed no criminal act. If you blacklist them, they have every legal right to sue you for everything you own.

    If your method of dealing with spam invades my privacy or my pocketbook it's wrong. Use your brain and come up with something better.

    Ben

    1. Re:Block me and I will sue you by mousse-man · · Score: 2, Insightful

      The problem is plain simple.

      1. ISP has spammers. They spam. They annoy people and start costing people and companies money (yes, it costs money to filter that junk and to install the filters). ISP doesn't do squat about solving the problem, and when finally, the spammer just moves on. The ISP has no incentive to clean up the mess.

      2. Users get annoyed. Badly annoyed. They want to stop spammers right now.

      3. Users create a blacklist of IP spaces that should be avoided like hell.

      4. Users start using blacklists. Amongst these users, there are a few providers. The providers chose to use the blacklist, not the user, and not the person who provides the blacklist. In effect, the blacklist is a free expressions of sections of the internet that degenerated into into the digital equivalent of sewers.

      5. Providers get complains of people like you since lots of mail get bounced. Providers finds out that he harbors at least one spammer. Provider gets onto his feet, boots spammers from his IP space, blacklists go away after a few days/weeks.Else, provider loses customers to other providers which did something about spam and all who remain are even more comitted to spamming. There's an option now that the provider might survive on pink contracts alone, but that's not very probable.

      Actually, I have an idea: Anybody who wants everybody else to stop using blacklists should be member of a special club that immediately pays every expense incurred by providers and companies to fight spam, without any legal recourse if you get a 1 Million US-$ bill for this fund.

      Until then, stop whining and look for providers that aren't featured on blacklists.

      This explicitely includes SpewSpew.net.

    2. Re:Block me and I will sue you by Anonymous Coward · · Score: 2, Insightful

      If you blacklist my IP you've just stolen money from me.

      The recipient does the blocking, not the list(s) they voluntarily use to facilitate and automate it. It's not your IP, if your provider's space is being listed. The internet is a large, cooperative pool of privately owned and operated networks. If entity A chooses not to receive email/packets/whatever from entity B, it's their choice. Suing a blocklist is literally shooting the messenger.

      These braindead blacklist runners (such as yourself who thinks dropping IP ranges is a good idea) have probably pissed off enough people by now to start a decent sized class action lawsuit.

      Cartooneys are subject to automatic listing on many blocklists. As Nike put it - Just Do It!

      It doesn't work. It's counterproductive. And you're inviting lawsuits from your "collateral damage" and frankly I'd like to see some go to court.

      Of course it works. You are here whining, aren't you? At the wrong people, might I add.

      ISPs don't need to answer to blacklists. They do not define the law. ISP's who happen to get a spammer on board have committed no criminal act. If you blacklist them, they have every legal right to sue you for everything you own.

      Of course ISPs don't answer to blacklists. But blacklists answer to their users; those that choose not to receive email from networks the blocklist operators choose to list. If they do so irresponsibly, their users will stop using them (goes for ISP vs blocklist(s) they use AND ISP vs its users).

      Regarding legal threats and cartooneyism, do as the spammers do - outsource the blocklists, and perhaps devise a different delivery mechanism, less prone to lawsuits and DDoS attacks. Zone files have even been posted to Yahoo! groups.

      ps. I am not affiliated with any such blocklist

  23. Totally unenforcable. by Chmcginn · · Score: 2, Insightful
    the only way to stop spam is with a HEFTY FINE to the company whose goods were advertised.

    Sure, that's a great idea... until company A starts sending out spam advertising company B's products, having been paid by company C (B's competition)...

    --
    Have you been touched by his noodly appendage?
  24. Re:Internet Death Penalty by owlstead · · Score: 2, Insightful

    Yup, my ISP has actually gone to court to stop spammers (they won, hear hear). They scan for open relays on their clients hosts and they block the smtp port by default (you can switch that off though). Still they appear on blocklists now and then.

    If extreme blocking would just be hitting the innocent I am all for it. But we must make pretty sure that the scheme is actually doing this. A lot of guys are hosting pretty usefull mailinglists on this ISP's accounts. We don't want to loose those against the fight against spammers.

  25. Re:CAN-SPAM is not weak by anthony_dipierro · · Score: 3, Insightful

    I have read the law. It's full of loopholes. Yes, the vast majority of current spam is probably covered by it, but it's quite easy for spammers to adapt to the law to comply with it. That is, if it is actually enforced, which I tend to believe it won't be. There's just far too much spam and spammers cover their tracks far too well for the government to enforce any anti-spam law.