FTC Porn Spam Regulation Now in Effect
gManZboy writes "The AP (through Yahoo) is reporting that the FTC is now requiring that all sexually explicit spam carry the wholly original 'SEXUALLY-EXPLICIT:' moniker in the subject line. I don't know why the porn industry is complaining about this, it seems like now everyone who really wants porn spam (not I!) can finally create a filter that delivers it to their inbox, highlighted, and bolded!" The FTC's regulation is available, and so is Slashdot's earlier story.
Great idea, but what about spam originating from other countries?
First off, there is no assurance that spammers will adhere to this in the first place - if they are using trojan-ed systems and the like, there is no way you would be track them down.
Sure, some of them may, but if there is any way they can hide behind the anonymity mask, there is no reason they have to adhere to this.
Secondly, most of the spam I receive are not even from the US. Most of the stuff is from Asia or worse, eastern Europe. Do these regulations apply to them, too?
From the release (emphasis mine) --
The final rule follows the intention of the CAN-SPAM Act to protect email recipients from unwitting exposure to unwanted sexual images in spam, by requiring this mark to be included both in the subject line of any e-mail message that contains sexually oriented material, and in the electronic equivalent of a "brown paper wrapper" in the body of the message.
What is _any_ really? Is there a way FTC can regulate spam from other countries, or is it just for intra-US spam? If it's just the latter, it isn't much use. On the other hand, if it's not, how on Earth are they going to enforce it?
Spammers lie, cheat and break the law. I can't see this being enforced succesfully.
First the "evil bit", and now the "pr0n bit"???
a) Putting SEXUALLY EXPLICIT in the title only makes it more annoying when you open your email. My gf uses AOL and her inbox is full of this shit daily. I would rather not see SEXUALLY EXPLICIT 100x over and over again as I scroll down the list.
b) Ok, so they force people to "scroll down" before seeing the image. What about people that have large monitors and email fullscreen? Do we have a set number of 100000000 lines before you see it? What about those of us that filter out white-space in emails so that we don't have to scroll through 100 pages of shit to get to the message?
c) How is this going to help the 99% of people that don't know how to filter their email anyway and are the ones that will likely end up with the gobs of spam in the first place?
there's porn on the Internet?
I get lots more mail about this than actual porn spam these days. Some of it's more explicit than others....
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
I'm actually seeing some mail labeled this way in our junk repository - but all of them violate CAN-SPAM in any number of ways, primarily the fact that they have no return address. I don't know why they bother, other than the fact that they're probably better able to reach their target audience with this method /setting up filter to 'Important Stuff' directory
666-607: 6th floor apartment of the beast
I'm not sure how anyone can regulate the content of spam until hey figure out how to prevent the transmission of it in the first place
Or better yet, just forward it all to your boss, then tell his boss about the amount of porn on his desktop, and get a promotion.
Wow, I should not post when knackered.
And what about if you're easily offended or get your crank turned by Norton of antivirus fame?
- We don't get any uncolicited emails anymore thanks to their CAN-SPAM act.
- Life is great and it's easy to remove yourself from these lists if you don't want their emails.
How about trying to come up with rules to STOP and regulate unwanted spam altogether before adopting rules to regulate sexually explicit ones? Once the rules come to completeley stop this, non of these new rules even matter!
Hmmm.
Headers will come in mutiple forms that will fullfill the letter of the law, but attempt to foil basic filters:
[SÈXUA?Y-EXPLI?IT]: More Pr0n for you.
SeExUally-Explicit: More pr0n for you:
More pr0n for you (Sexually-Explicit)
[Sexually]-[Explicit]: More pr0n for you
Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.
I don't know which aspect is more fascinating...
That people actually expect any real help and enforcement from the government.
Or
That anyone who does business with spammers expects to do business with an ethical entity who won't pass along their email address, credit card numbers, etc.
A feeling of having made the same mistake before: Deja Foobar
For the unlucky few not affected by the plague I
include some actual spam subjects:
SEXUALLY-EXPLICIT: I'm sore from too much action
SEXUALLY-EXPLICIT:This looks like Fun
SEXUALLY-EXPLICIT: You Got lucky This Morning
SEXUALLY-EXPLICIT: There's a slut on your desk...
SEXUALLY-EXPLICIT: Sexy company while you work
Out of a small sample set of 200 general emails,
I would estimate that about 5% to 10% of
applicable messages are compliant.
So if this substring can be found after 300 characters of spaces, is the spammer still complying?
Here's why the porn industry doesn't like it - because porn spam is ready made for people with "impulse control problems." They don't really care if you, person with reasonable self-control, deletes their spam, as it cost them whatever ridiculous fraction of a cent to send. They really don't like it if Mr. self-recognized porno compulsive can filter their stuff out.
It Is the Nature of Information to Transgress Artificial Boundaries
Our incoming spam rate, normally a clean, rising, exponential curve, dropped 20% the day CAN-SPAM went into effect. It happened again the day last month that it was announced that 4 had been indicted under the Act.
Of course, spam is still up 30% over the end of last year...
People who disagree with you are not automatically evil, greedy, or stupid.
I really don't see why the US needs to force their sexual discomfort on the rest of the world. US regulations on the web (or any countries for that matter) are not welcome as far as I'm concerned. The internet for the first 10 years I used it represented a truly free society. It seems now that it is a society being pillaged by governments around the world.
The best way possible to fight spam must be to fine the companies marketed by spam. Someone surely forks the dough to get spam invading everyones mailbox. I have a hard time imagine someone sending spam just for fun. By cutting off the money the incentive to spam is reduced and it should wither and become a much smaller problem.
Filtering and making a new shiny mail system dont help. All it does is make the spammers invent new ways to send spam.
What makes spam such a big industry must be the companies who pays for it, go get them!
HTTP/1.1 400
Now my friends' e-mail filters will send my e-mails directly to the trash bin. Thanks a lot FTC!
The Subject line is for human perusal, not for machine categorization. The proper way to implement such a thing has always been an X-header in the email's headers. You could use this to categorize all types of junk spam, allowing mail clients and mail service providers to filter them at will.
Imagine something like:
X-UCE:
Where type is "porn", "commercial", etc... or even use PICS-like content-rating systems in there too.
Why the Subject field???
11*43+456^2
It's fine, in this context, to require sexually explicit material to be labelled as such. But what about the opposite problem, where spammers label their spam as sexually explicit and then it turns out to just be a garden-variety multi-level marketing scam?
I mean, I would imagine that lots of people would check out explicit email once and a while hoping for a thrill, but not if it most of the purportedly explicit material is bogus.
The FCC should fine people who promise explicit material and don't deliver, too. Otherwise they might as well require the label to say "Unsolicited Junk Email".
MM
--
By including this sig, the copyright holders of this work or collection unreservedly place it in the public domain.
that ACs will have to flag their goatse and tubgirl posts on slashdot?
I can count to 1023 on my hands. Ask me about #132.
There's a huge difference between legitimate porn sites that keep their noses clean, have good credit, and will not sell your name or credit card to Russian bank frauders and spammers who put up fly-by-night porn sites to get your info and make a quick buck.
Lets not confuse the two because there's overlap in the content. Its like saying "Playboy shows kiddie porn, because they share the word 'porn.'"
I can say with some certainty that the "porn industry" isn't complaining about this. All of the best affiliate programs enforce TOS that prohibit spam. (You spam, you get shut down and lose the $$$ in your account that hasn't yet been paid out.) Don't insult the legitimate porn industry by linking them with spammers.
Saying that the "porn industry" protests this regulation is like saying CVS or Walgreens protests regulations on Viagra spam or OfficeMax protests regulations on inkjet cartridge spam. There are legitimate players in the industry, and there are scam artists feeding at the bottom. Guess which group is responsible for the spam.
Of course, none of this means anything about the regulation itself, which will most certainly be ineffectual at reducing spam or filtering porn spam. IME, the only tool that can produce a real impact on spam is a 2x4 applied forcefully to a spammer's skull.
Microsoft Windows is, fittingly, the official Desktop OS of Olig
Your post advocates a
( ) technical (*) legislative ( ) market-based ( ) vigilante
approach to fighting spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
( ) Spammers can easily use it to harvest email addresses
( ) Mailing lists and other legitimate email uses would be affected
(*) No one will be able to find the guy or collect the money
(*) It is defenseless against brute force attacks
( ) It will stop spam for two weeks and then we'll be stuck with it
( ) Users of email will not put up with it
( ) Microsoft will not put up with it
( ) The police will not put up with it
(*) Requires too much cooperation from spammers
( ) Requires immediate total cooperation from everybody at once
( ) Many email users cannot afford to lose business or alienate potential employers
( ) Spammers don't care about invalid addresses in their lists
( ) Anyone could anonymously destroy anyone else's career or business
Specifically, your plan fails to account for
( ) Laws expressly prohibiting it
(*) Lack of centrally controlling authority for email
(*) Open relays in foreign countries
( ) Ease of searching tiny alphanumeric address space of all email addresses
(*) Asshats
( ) Jurisdictional problems
( ) Unpopularity of weird new taxes
( ) Public reluctance to accept weird new forms of money
( ) Huge existing software investment in SMTP
( ) Susceptibility of protocols other than SMTP to attack
( ) Willingness of users to install OS patches received by email
(*) Armies of worm riddled broadband-connected Windows boxes
(*) Eternal arms race involved in all filtering approaches
( ) Extreme profitability of spam
( ) Joe jobs and/or identity theft
(*) Technically illiterate politicians
(*) Extreme stupidity on the part of people who do business with spammers
(*) Dishonesty on the part of spammers themselves
( ) Bandwidth costs that are unaffected by client filtering
(*) Outlook
and the following philosophical objections may also apply:
(*) Ideas similar to yours are easy to come up with, yet none have ever
been shown practical
( ) Any scheme based on opt-out is unacceptable
( ) SMTP headers should not be the subject of legislation
( ) Blacklists suck
( ) Whitelists suck
(*) We should be able to talk about Viagra without being censored
( ) Countermeasures should not involve wire fraud or credit card fraud
( ) Countermeasures should not involve sabotage of public networks
( ) Countermeasures must work if phased in gradually
( ) Sending email should be free
( ) Why should we have to trust you and your servers?
( ) Incompatiblity with open source or open source licenses
(*) Feel-good measures do nothing to solve the problem
( ) Temporary/one-time email addresses are cumbersome
( ) I don't want the government reading my email
(*) Killing them that way is not slow and painful enough
Furthermore, this is what I think about you:
( ) Sorry dude, but I don't think it would work.
( ) This is a stupid idea, and you're a stupid person for suggesting it.
(*) Nice try, assh0le! I'm going to find out where you live and burn your
house down!
...is that the porn industry doesn't like this because filtering doesn't always happen at the terminal point. Just like if there was a requirement for, say, a ".porn" domain, righteous ISPs would probably start filtering through proxies based on that indentifying information. There could conceivably be a majority of ISP customers that ask for this. The problem here is that they really shouldn't have a say over what Joe Porn-fan wants on his PC.
Anyway, no use worrying about it, it's not enforceable. My only regret is that they're going to try, and it will have negligible impact on society or my quality of life, while costing us all in taxes.
Fred
"A fool and his freedom are soon parted"
-RMS
It does not apply to them...until.....
they send the spam to servers and recipients in the USA. Jurisdiction is not only based on where they are located, but also where they conduct business and where the harm is directed.
The FTC has filed a lawsuit against the scumbag spammer known as Global Web promotions. I filed a lawsuit against them last year. Their scumbag lawyer has made many misrepresentations to the court. I will be posting it on my site shortly.
Fight Spammers!
Now I realize I am asking to be flamed on this one, but before you do, let me explain.
Imagine what a crap hole the snail mail system would be if it was unregulated from the start. This is the same problem that is faced in todays society through email because no one realized from day one that it would become the medium it is today.
Now many of you may ask, how would you regulate electronic mail? Simply put, the government could require that all email be routed through server farms that were strategically (sp) placed throughout the country.
Once the mail routes through these servers, the servers could scan the headers and tag valid ones as authenic and SPAM as junk mail. You would have an option to be added to a "Do Not Spam List" and you could complain about any unsolicited email that you receive after being added to this list.
Drawbacks to this system are as follows:
1. Out money pays for it through stamp charge if you will to send email.
2. Privacy concerns over the government having easy access to all email messages in the the country.
My rebuttal to these two concerns are that I may actually get a 100 pieces of email that I want to read a month and I would gladly pay 5 to 10 bucks a month to be able to read them in peace. In addition, I would forfeit a small margin of possible privacy invasion to run these bastards out of town.
Before you kill my karma, I will quote Dennis Miller: that's just my opinion, I could be wrong.
http://jayceecorder.blogspot.com
Now my 17 year old son and his friends won't have to waste their time actually searching for these sites. Email will readily mark it as such for them. I think it just goes to show we're making things too easy on kids today. He should have to shoplift Playboy just like I did.
You don't get much spam, do you?
Related to the parent's comment...
I can't claim this joke as my own. I'm pretty sure I read it on Slashdot months before.
Everytime I see one of those intelligence-insulting pre-movie commercials telling me that "by downloading movies off the internet I'm causing this stunt man's family to starve," I want to stand up and shout as loud as I can:
"HOLY SHIT!! You mean I can download movies for free off of the Internet??!!"
And then run out of the theater as quickly as I can.
- Neil Wehneman
My legal education, in nifty podcast format
And it would be so nice to enforce similar monikers to all publicity related writings:
DUBIOUS OFFER -- SAVE 30% on a brand new TV set...
POLITICAL PROMISE -- We will LOWER TAXES by 2% in the next 5 years...
Hmm... Ho, just forget it.