FTC Levies Fine Against Big-league Spammers

An anonymous reader writes "The FTC said it has closed down a spam operation in California that sent millions of unwanted messages to online users across the country and fined the companies involved about $2.4 million. The settlement doesn't shut down the businesses and, based on the financial records of the defendants, the judgment will be suspended upon payment of $475,000."

Comments

CAN not stop SPAM?

[digitaldc]

The FTC and California charged that the defendants e-mail:
-- contained false or forged header information;
-- included deceptive subject headings;
-- failed to identify e-mail as advertisements or solicitations;
-- failed to notify consumers they had a right to opt out of receiving more e-mail;
-- failed to provide an opt-out mechanism;
-- failed to include a valid physical postal address.

If this can't get them shut down what can? Sending out spam email that totally destroys your computer into tiny little pieces?

Re:CAN not stop SPAM?

[slavemowgli]

There's an even bigger problem with this: namely, that as soon as business *complies* with these things, it'll be perfectly legal for them to spam you. Oh, sure, you can opt-out, but that's a lot of hassles when you receive spam from thousands of companies; and what's more, how are you going to distinguish spam from compliant companies (where the opt-out links works as advertised) and other sorts of spam that provide you with "opt-out" links that, in reality, are merely used to verify email addresses etc.?

Licensing spam is like allowing people to break into your house and steal your stuff provided they leave you a business card and offer you an opportunity to opt out for the future.

C'mon FTC

[Anonymous Coward]

So, basically what the FTC is saying to these companies is pay us for sending out your spam. I'm sure the fines will actually go up at that rate, but it doesn't solve the problem per se.

I wonder if the FTC will turn around and use the fine money to pay the people who were affected by the spam? Nah!

Only shuts down the business, not the people

[Gothmolly]

Spam is hugely profitable, because your overhead is nil. That means the spammers involved have lots of cash. And their company probably has no assets, and will fold into bankruptcy because of these fines. So what does this mean? The guys dig into their pockets filled with cash, and start another company and do it all over again. Its sort of a nice noble gesture, from when Congress clearly had nothing better to do, but its about as effective as making speeding illegal.

Treat spammers like drug traffickers

[Halo-]

The government needs to treat spammers like drug traffickers.

The FTC should hook up with the IRS to go after spammers.

Basically, if you're caught spamming the Feds come in and make you account for all of your income over the last year. Any money derived from spamming is forfeited, plus penalties. I'd also like to see the penalties weighted so that if the spammer gives up the identity of who paid him or her to spam, the penalty is reduced if that person is successfully prosecuted as well. This way the number of spammers and the companies which contract them get slapped.

Any legitimate business should be able to account for all its income. If a spammer can't prove his income is clean, it is no different than a drug trafficker having piles of cash around which just magically appeared. Anything which can't be documented as coming from a non-spam source should be considered profits of a criminal enterprise, and should get seized.