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Spammer Sentencing Guidelines

actaeon169 writes "The Register is reporting that the Feds are seeking public comment on a proposal to amend the Federal Sentencing Guidelines to deal with those convicted of violating the law set forth in the CAN-SPAM act. Here is what the Feds have to say."

34 of 267 comments (clear)

  1. Disappointing... by Anonymous Coward · · Score: 5, Funny

    I don't see the word 'castration' in there anywhere.

    1. Re:Disappointing... by CaptnMArk · · Score: 5, Funny

      It's not castration when you do it at the neck level.

    2. Re:Disappointing... by Beryllium+Sphere(tm) · · Score: 3, Funny

      But what a waste of resources!

      Think what medical research could accomplish if they could use spammers instead of rats as test subjects.

      Spammers are more plentiful than rats. The scientists are less likely to get sentimental about them. Best of all, there are some things even a rat won't do.

      The only problem is that the experimental results would be harder to extrapolate to human beings.

  2. Well I say... by DrEldarion · · Score: 4, Funny

    Lock them away for life in a federal "Pound-Me-In-The-Ass" prison.

    1. Re:Well I say... by benlinkknilneb · · Score: 5, Funny

      Imagine how much worse it is now that all the prisoners have responded to those enlargement ads...

      --
      It must be Thursday... I never could get the hang of Thursdays.
    2. Re:Well I say... by mirko · · Score: 3, Insightful

      Even though I was not that unlucky, I agree with you on this point.

      Soljenitsyne once wrote that "Civilizations are as evolved as their prisons are"

      Having such prison is a symptom, laughing at this is another.

      --
      Trolling using another account since 2005.
    3. Re:Well I say... by ad0gg · · Score: 4, Interesting
      Too bad its mostly a myth about getting pounded in the ass in prison. Everything is supervised including showers. They even seperate the gay prisoners from the straight prisoners due to violence against gay prisoners.

      That myth isn't all bad, it keeps people out of prison. There's good reason why the prison system doesn't try to dispel that myth.

      --

      Have you ever been to a turkish prison?

    4. Re:Well I say... by DNS-and-BIND · · Score: 4, Interesting
      Sigh...federal prisons are not of the "pound-me-in-the-ass" type. If you misbehave in a federal prison you will very quickly find yourself isolated from all human contact for 23 hours a day. The feds do not tolerate shenanigans like this.

      State prisons are where you find inmate rape. Just because movies say it's true doesn't mean it's so! Unfortunately despite mountains of evidence to the contrary, people still believe everything they see in the cinema. Sad really.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re:Well I say... by TGK · · Score: 4, Interesting

      Excelent point. I see no reason why these people should be sent to prision where they'll eat, sleep, and watch TV on my dime.

      No, there are much better options.

      1.) Community service -- 1 hour per message
      2.) Ban from all computing resources -- 1 day per message
      3.) Fine -- $1 per message

      That should do it.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
  3. why does it matter by nate1138 · · Score: 5, Insightful

    Why do the sentencing guidelines matter? The law is so poorly written as to be unenforceable.

    --
    Where's my lobbyist? Right here.
  4. Decisions, decisions... by DreamerFi · · Score: 5, Funny

    I wonder which kneecap to shatter first...

  5. Three little words... by bc90021 · · Score: 3, Redundant

    "Punishable By Death"

    That oughta put some fear into them... ;)

  6. Appropriate punishment... by tuxette · · Score: 5, Funny

    Make them use the products they push. Each and every one...

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
  7. Want Public Faith and Participation? by ackthpt · · Score: 5, Interesting
    If they want public faith in these iniatives and participation in tracking down spammers, how about fining the spammers and turning a portion of the procedes over to the victims? I'd be all over that in a heartbeat. If you don't sign on, you get zip, otherwise it'd be about 0.05 cents for each of us, know what I mean?

    One of my general bitches about Fed/State/Local laws is that the goverment fines vermin and keeps the money for itself.

    --

    A feeling of having made the same mistake before: Deja Foobar
  8. I wonder... by CaptainAlbert · · Score: 4, Funny

    ...how long will it be before the definition of spam is extended to include not just email, but any electronic medium?

    What I'm getting at is, will they be prosecuting people who troll on /. any time soon? :)

    --
    These sigs are more interesting tha
  9. CAN-SPAM by asobala · · Score: 3, Funny

    Is it only me who thinks that calling the law CAN-SPAM seems fairly inappropriate? I'd have more faith in one called CANT-SPAM. La di da,

  10. Go after the advertisers by GerbilSocks · · Score: 3, Insightful

    Why go after the spammers (ie. the bulk emailing services). It's like shooting the messenger; instead, go after the advertisers of such spam emails, since their whereabouts are easier to track down than anonymous spammers.

  11. Spammer sentencing guidelines... by Mysticalfruit · · Score: 4, Funny

    That's an easy one...

    Once a spammer is found guilty they're put into a work camp. In this work camp they're seated at a computer with a red and a green button.

    On the screen will flash up an email. They're then forced to choose spam or not spam.

    Hesitation will result in a cattle prod to the privates.

    --
    Yes Francis, the world has gone crazy.
    1. Re:Spammer sentencing guidelines... by flappinbooger · · Score: 3, Funny

      Here's an extension of that:

      They're in a prison. Not a bad prison, perhaps even lower security. BUT, all of their food and water comes to them in boxes. Small, unmarked boxes. Along with hundreds of other, identical unmarked boxes. The ratio of rocks(or whatever) to actual food is about 1000 or more to 1.

      To get fed, you gots to find it. Thats your task, every day. Spend all day opening tiny little boxes, mostly filled with junk, but if you don't find the ones with the morsels of food and water, you go hungry.

      --
      Flappinbooger isn't my real name
  12. Where is the Death Penalty? by stretch0611 · · Score: 4, Interesting

    Honestly though, since the law took effect on Jan 1, the amount of spam I have recieved has almost doubled. It must be thanks to the part that supercedes state laws for spam.

    --
    Looking for a job?
    Want your resume written professionally?
    DON'T USE TUNAREZ!!!
  13. Dietary Restriction by Vexler · · Score: 5, Funny

    From now on, each spammer convicted is required to eat one slice of spam for each email that he/she has ever sent. And eat nothing else.

    Let's see that slice multiplied by 200 million or so and see how the spammer likes it.

  14. Re:Interesting proposals by DavidTC · · Score: 3, Interesting
    Forget prison. What we need to do is give each recepient of a spam by them a thumbtack, and then let them form a big line in some public place like an stadium, and stab the spammer exactly once, in an arm or a leg or the torso.

    When everyone's done with them, they can get medical attention.

    If they're still alive.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  15. Wow, nice precident... by qtp · · Score: 5, Interesting

    First we legitimize the government's "right" to regulate our internet based communication, then we applaud them when they push for jail time based on the content of your communication.

    Real bright folks, aren't we.

    I dislike spam as much as anyone, but the can-spam act has done little more than set legal precident for the government regulating internet based communications based on content, legitimized entire classes of spam (that are no less irritating) as "protected" from regulation (again based on content).

    I never thought I'd see the day when geeks would cheer at the idea of a government censor, but I guess I was wrong. Now that the floodgates are open, I'm sure that we can expect future laws to regulate the sending of email containing "terrorism related" subjects such as communications protocols, encryption techniques, security implementations, and basic networking technology. Of course, those who are employed by "authorized" companies will be exempted from these regulations, as only they will have the "legitimate purposes" and "need to know" to be allowed such "dangerous" communication.

    --
    Read, L
  16. Keep it simple... by Mazzie · · Score: 5, Insightful

    Bonus points should be given for:

    - Using harvesting software.
    - Not providing means to opt out.
    - Using stealth email address verifiers.
    - Forging headers, etc, etc.
    - Using spam as an ends to break other criminal laws.

    I also feel that ISPs should take some of the heat, if not criminal, at least financially, if it can be proved they had knowledge of the operation, or are blatantly spam friendly. Sure most spammers are off shore, but lots operations start off at US ISPs before they get smart, or are forced offshore.

    One last thought. I swear I get more spam now than I did before the law went into effect. Anyone else have this feeling?

    --
    Having a bookmark to Google does not make you an expert on everything.
  17. Re:Only if you put them in the right prisons by mirko · · Score: 5, Insightful

    Lemme get this straight :

    You are modded +1 interesting for proposing to torture convicts ?

    My father spent 5 years in a Goulag for writing poetry, he'd be sorry to know the occidental mentality is not any better than the one that he fought behind the iron curtain.

    --
    Trolling using another account since 2005.
  18. Just like A Clockwork Orange by FattMattP · · Score: 4, Insightful

    Why don't we do something similar to what was done to Alex in A Clockwork Orange. We can strap them down, keep their eyelids open, and force them to watch Gigli every day until they are "rehabilitated." Then again, maybe castration and breaking kneecaps is more humane.

    --
    Prevent email address forgery. Publish SPF records for y
  19. Don't gripe, comment! by FuzzyDaddy · · Score: 5, Interesting
    This seems to be a golden opportunity for the /. community. This is a call for public comments on how to punish spam offenders, and many people on this board know first hand the various techniques that are used.

    A big part of the sentences guidelines is, what is the relative harm? "Hang 'em all", while satisifying, is not realistic. How would you rank the damage done by the various things spammers do? What would you tell the federal government on the relative seriousness of various aspects of spamming?

    Consider:

    Joe Jobbing

    Using viruses to hijack other people's computers

    Attacking anti-spam websites

    Using spam to sell viagra vs. using it to defraud people out of thousands of dollars

    I don't work with the internet on a technical level, but there are many, many people here who do. And rather than griping about spammers or the law, it would be great if this article and discussion could actually provoke some intelligent public comment. If we want the technical community to be taken seriously in the policy world, we need to give them our input when it's asked for.

    --
    It's not wasting time, I'm educating myself.
  20. How To, Snail Mail by onyxruby · · Score: 5, Funny

    It would seem the uncivilized chaps over at this government office haven't yet gotten something called email. That or they're deathly afraid of getting mailbombed by spammers.

    Regardless, they need snail mail, AKA a written letter for public input. Since the statistical odds are that many here have forgotten how to implement this outdated technology, I have a how to:

    Write your email, explaining why the death penalty for spammers is warranted.

    Instead of sending your email, print it out on your printer.

    Remove printed email from printer and ask an older colleague for something called an "envelope".

    Insert statement of reasoning for the death penalty for spammers into the envelope. Crumpling does not work as well as folding it 3 evenly spaced times perpindicular to the vertical axis of the paper. Make sure you seal envelope after inserting letter, avoid temptation to use duct tape to make sure it doesn't fall out.

    Print an envelope in your printer with the envelope feed slot. If you can't find one of those you'll have to hand print the address on the envelope.

    At the top left corner of the side without the flap write your name on the first line. Write your street address on the second line. On the third line write your city followed immeadiately by a comma. Follow this with the two letter acronym for your state or residence and then your zip code.

    In the middle of the same flap of the envelope put the following in the same format.

    United States Sentencing Commission
    One Columbus Circle, NE. Suite 2-500
    Washington, DC 20002-8002
    Attention: Public Affairs

    Then travel to a post office, you can locate one off the Internet by going here. At this post office give the person your letter and explain you want to buy a "stamp". This will cost you 39 cents. Pu this at the top right corner of the envelope on the same side as the writing. The people at the post office will then take care of delivery. Pop3 not available.

  21. Let's be realistic by Complicity · · Score: 4, Insightful

    As much fun as it is to vent and say "death to spammers" or even "one year in prison for every 100 spammed addresses", we have to be realistic. Prison is for hardcore criminals... eg: murderers, rapists, etc. and not for someone like spammers.

    I hate spam as much as the next guy, and would surely love to vent my fury on those doing the spamming. However, and this opinion probably won't be popular with the /. crowd, federal "pound-me-in-the-ass" prison is not the answer here. I'm not sure what the answer is, but that isn't it.

    --
    - c -
  22. Re:Want Public Faith ... MOD DOWN by mumblestheclown · · Score: 3, Interesting
    One of my general bitches about Fed/State/Local laws is that the goverment fines vermin and keeps the money for itself.

    Umm, every transfer or distribution of money costs money. if you try to distribute $1m to 1000 people, each will get about (say) $950 after the costs of actually distributing the money are factored in. when government keeps fines, etc, this is revenue that they get to keep *instead of* raising taxes. So, if we listened to you, net taxes would be higher, as we'd lose out on the stupid anduseless distribution costs of first getting the fine money to the people, and then re-collecting it from the people in terms of taxes.

    Why "mod down?" not only does the poster show lame logic that I have addressed before, but his proposed solution hardly calls for "justice"--rather, it rewards those with information. I can't see any use in that whatsoever. We want public faith and participation in choosing leaders and making community policy--not in filling out forms to collect what most would agree is owed equally to all victims, not just the most able.

  23. Re:Not funny by miu · · Score: 4, Insightful
    Hahaha. Not funny.

    Spammers are people and some of them have a family and kids, too.

    Sure, but spam generates a lot of emotion, frustration, and hatred because of the unrepentant nature of the crime. If you deal with spammers at all they tend to be self-righteous and have an attitude of "I'm doing nothing wrong and I'll never be punished", even as they steal resources and damage reputations.

    Spammers shouldn't be killed, tortured, raped, or any of the other things many posters here are suggesting (and those suggestions are mostly joking) - but those kinds of sentiments are a natural reaction on the part of those who are victimized with no recourse. Spammers need to go to jail and make reparations.

    --

    [Set Cain on fire and steal his lute.]
  24. Punish Filter-Cracking by Steve+B · · Score: 4, Insightful

    The law needs to recognize a blindingly obvious point -- anti-spam filters are a form of computer security, and the use of filter evasion techniques is therefore a form of computer cracking. Thus, filter evasion is criminal in and of itself, and each additional enhancement to the filter evasion technique should map to a corresponding enhancement of the sentence.

    --
    /. If the government wants us to respect the law, it should set a better example.
  25. Double standard? by SuperDry · · Score: 4, Interesting

    It's amazing how much vehemence against spammers is shown in the posts above. "Let's castrate them" "I hope they get raped for years on end." Yet, whenever there's an attempt to do anything to stem the tide of illegal file sharing or other content theft, the same federal government is portrayed as a bunch of out-of-control jackbooted monsters. The contrast is amazing to me.

  26. Re:Only if you put them in the right prisons by Just+Some+Guy · · Score: 3, Insightful
    Insightful, my butt.

    Everything that has ever been funny has also been painful to someone else at least once.

    "I slipped on the ice in front of the girl I was trying to impress! Hahaha!":
    "My mother slipped on some ice and broke her neck. Insensitive jerk!"

    "I walked around with my fly down all day. Hahaha!":
    "I walked into a client meeting with my fly unzipped and got fired. Insensitive jerk!"

    "Boy, was I embarassed! Hahaha!":
    "I spent 15 years in therapy for the same thing. Insensitive jerk!"

    To be blunt, it's the height of arrogance to assume that the particulars of a situation always map to something similar that happened to you. Your negative experience doesn't mean that noone else is allowed to make jokes about a similar situation.

    I feel bad for you dad, seriously. That's awful, and he has my sympathy. That has no bearing whatsoever on the joke you were replying to.

    --
    Dewey, what part of this looks like authorities should be involved?