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Jail for Selling Email Lists to Spammers

amigoro writes "UK will start jailing the people who trade in email addresses, or any other personal data. The current Data Protection Act only fines people who do that, but the money one can make from trading in personal information was far higher than the measly GBP 5000 one had to pay if caught. The new regulations will result in a two year prison sentence for violating the Act."

172 comments

  1. FROSTY PISTOLIERS! by Anonymous Coward · · Score: 0

    It's about time that a government put some teeth behind privacy legislation. Now when will this become an international treaty?

    1. Re:FROSTY PISTOLIERS! by homey+of+my+owney · · Score: 3, Insightful

      This is of no value. If it was, we wouldn't have Bank robberies (there are laws against it too). As long as there's money in it, and the technology supports it, it'll sadly continue.

    2. Re:FROSTY PISTOLIERS! by dan828 · · Score: 2, Insightful

      You seem to be saying that no laws have value if the behavior that they are intended to prevent still occurs. In addition to bank robbery, that would include murder, rape, theft of any sort, speeding, and cheating on your taxes. Since all of these things still happen, the laws against them must have no value, yes?

    3. Re:FROSTY PISTOLIERS! by Anonymous Coward · · Score: 1, Informative

      There's one problem: in UK nobody goes to prison because there're no prison spaces left.
      That will be a dead law. Not the first, and definitively not the last.

      You know, 50 times and you're out... Welcome to UK!

    4. Re:FROSTY PISTOLIERS! by Anonymous Coward · · Score: 1, Funny

      Just ship them off to Australia like you used to do. Problem solved.

    5. Re:FROSTY PISTOLIERS! by homey+of+my+owney · · Score: 2, Interesting

      That's one interpretation. My point is that a law, the community and every other influence does not stop someone who is intent on breaking a law for personal profit - as I believe spammers are. That holds for bank robbers and murders where there is financial gain. In a round way, I'm saying the technology must change... Though I recognize it will only begin the next phase for spam.

    6. Re:FROSTY PISTOLIERS! by compro01 · · Score: 1

      This is of no value. If it was, we wouldn't have Bank robberies (there are laws against it too). As long as there's money in it, and the technology supports it, it'll sadly continue.

      if consequences + chance-of-getting-caught gain from act, don't perform the act

      heavy consequences + enforcement of the law = act not performed nearly as often.

      --
      upon the advice of my lawyer, i have no sig at this time
    7. Re:FROSTY PISTOLIERS! by homey+of+my+owney · · Score: 1

      That must explain the empty prisons

    8. Re:FROSTY PISTOLIERS! by Tim+C · · Score: 1

      While there certainly is a crisis in the available prison space here in the UK, it's hardly true to say "no-one goes to prison". If that were true, they'd be empty...

  2. US by rodgster · · Score: 4, Insightful

    We need an equivalent law here in the US.

    --
    Who will guard the guards?
    1. Re:US by x_MeRLiN_x · · Score: 2, Interesting

      "Will result in" or "can result in"? A maximum sentence isn't always passed - and is in fact probably the exception rather than the norm.

    2. Re:US by Anonymous Coward · · Score: 0

      At least most people wouldn't consider taking the risk.

    3. Re:US by BobSutan · · Score: 2, Insightful

      It will never happen so long as the FBI and other government agencies are the buyers of such information. See, since these organizations can't legally snoop in a lot of cases they just buy the info they need from companies that are allowed to do such snooping. Only in America!

      --
      "On a scale from 1 to 10, people are stupid"
    4. Re:US by Anonymous Coward · · Score: 0

      How could you put a corporation in jail though? Don't forget things like getting "approved" spam from those related to YAHOO, Hotmail, AOL, etc and getting fresh spam after you gave your email to some corporate website. I remember not being able to mark some spam at YAHOO as spam, not able to mark any of it now as spam but then I have troublemaking javascript turned off. Get very little spam there now.

    5. Re:US by kirun · · Score: 1

      Crime prevention is a specific exemption of the Data Protection Act.

      --
      I'm scared of numbers that can't be written as a fraction. It's an irrational fear.
    6. Re:US by mpe · · Score: 1

      "Will result in" or "can result in"? A maximum sentence isn't always passed - and is in fact probably the exception rather than the norm.

      Especially given that the existing law allows for a fine "per incident". Which could mean that selling 2,000 emails would equate to up to one million pounds of fine. There can't be many email addresses which will sell in the several thousand pounds range.
      Doubt the title "UK to jail privacy violators" means that Blair and co will be heading to jail soon over their crackpot ID card scheme either...

  3. Woohooo!! by Cygnostik · · Score: 0

    Party! Round of beers on me! $100 rewards to anyone providing information leading to an arrest! I think I'll go get drunk!

  4. New commercial by Pakaran2 · · Score: 4, Funny

    Fine: GBP 5000
    Legal bills: GBP 2000
    Your cellmate Bubba finding out that you're the one behind him getting all those Nigerian emails: Priceless

    1. Re:New commercial by edwardpickman · · Score: 1
      Finding out it was Bubba's sainted mother who you ripped off with the scam, who now spends her retirement years in a cardboard box eating dog food....

      Justice!

    2. Re:New commercial by CaptainZapp · · Score: 4, Funny

      And don't forget that Bubba layed his grubby hands on just about any pen1s enlarrrgement offer he received by email.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    3. Re:New commercial by Phil246 · · Score: 1

      Finding out that bubba has been taking you up on those cheap v1agr4 pills: priceless

  5. US Should Do This Too by bostons1337 · · Score: 0

    Good, I'm sure I'm not the only one that shares mutual hate for spammers and marketing staff that want to sell you worthless crap!

  6. Ahh, but until then ... by ubrgeek · · Score: 3, Funny

    Do I hear $5 for rodgster@yahoo.c o m?

    --
    Bark less. Wag more.
    1. Re:Ahh, but until then ... by Short+Circuit · · Score: 1

      How about $10 for mikemol@gmail.com?

    2. Re:Ahh, but until then ... by Short+Circuit · · Score: 1

      by Short Circuit (52384) * <mikemol.gmail@com>

      How about $10 for mikemol@gmail.com? Oh...wait...that's in my comment header.
    3. Re:Ahh, but until then ... by Some_Llama · · Score: 1

      "by Short Circuit (52384) *

      How about $10 for mikemol@gmail.com?
      Oh...wait...that's in my comment header."

      Good thing you spent the time obfuscating your email originally, just to go and type it out for the email crawlers... oops.

    4. Re:Ahh, but until then ... by Short+Circuit · · Score: 1

      I don't bother munging my gmail address...The spam filtering works pretty well.

  7. E360INSIGHT, are you listening? by merc · · Score: 1

    Why don't you go to the UK and file your bogus lawsuit against Spamhaus now?

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    1. Re:E360INSIGHT, are you listening? by gstoddart · · Score: 1

      Why don't you go to the UK and file your bogus lawsuit against Spamhaus now?
      This raises an interesting point .... how loudly would the American government be screaming if a US citizen was arrested in Britain for doing something which was perfectly legal in the US but which affected UK citizens and was against their laws???

      I bet people would scream bloody murder about jurisdiction and how wrong it is to detain American citizens.

      I would like to see a test case like that.

      Cheers
      --
      Lost at C:>. Found at C.
    2. Re:E360INSIGHT, are you listening? by Original+Replica · · Score: 1

      Perhaps the sentence would be reduced. Remember what happened to that kid that was caught "tagging" cars in Singapore? He was sentenced to be caned, public outcry got President Clinton involved, the brat still got what was coming to him. His sentence was reduced from six cane strokes to four, probably as a PR favor to Clinton more than anything else. http://www.corpun.com/awfay9405.htm

      --
      We are all just people.
    3. Re:E360INSIGHT, are you listening? by Kadin2048 · · Score: 2, Funny

      This raises an interesting point .... how loudly would the American government be screaming if a US citizen was arrested in Britain for doing something which was perfectly legal in the US but which affected UK citizens and was against their laws???

      I don't know ... if they were sending out spam, I'd prefer that they be quickly extradited to whatever third-world country still practices breaking-at-the-wheel.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  8. Jail Time by Normal+Dan · · Score: 5, Insightful

    It seems everyone these days are too eager to throw people in jail. Two years in jail for a non-violent crime? Two years of your life is a very long time. It's longer than you may think, and spending it in jail doesn't help society very much. Yes, I know it's suppose to be a deterrent, but I think a better deterrent would be a much larger fine, probation, and maybe your email address along with your crime made publicly known. Regardless, I still think we are too quick to just throw people in jail and forget about them.

    --
    A unique way to learn a language: http://languageloom.com
    1. Re:Jail Time by Anonymous Coward · · Score: 0

      Beyond the initial "ha-ha" moment, I agree with you totally.

    2. Re:Jail Time by Anon-Admin · · Score: 1

      It seems to be the only solution people can come up with.

      I like the idea of the fine being inline with the crime. Instead of a fixed fine where the amount becomes a cost of doing business, why do they not move to a sliding scale. For example, each person who's e-mail they sold would receive the amount paid for the list. So if the list is 100 e-mails and the person caught was selling the list for 1$ then the fine would be equal to 1$ x 100 and that $ would be sent to the people who's names are on the list.

      Works for me. :0

    3. Re:Jail Time by Anonymous Coward · · Score: 0

      I personally think a bullet in the head is better. MUCH less expensive than jail.

    4. Re:Jail Time by iminplaya · · Score: 2, Insightful

      Regardless, I still think we are too quick to just throw people in jail and forget about them.

      The creeps making tons of money from the prison industry believe we should feed them even faster. This isn't about punishment, much less rehabilitation. Profit motive is driving it. And the taste of revenge is sweet indeed.

      --
      What?
    5. Re:Jail Time by jfengel · · Score: 2, Insightful

      Fines are problematic as a punishment, because not everybody can pay them. Some of the money has already been spent by the time you get to them, and some has been hidden. You can take everything they have, which is usually less than they made off the crime. There are usually ways to legally hide money even from fines; they're reluctant to take your house, for example (though I gather that the US government has ways around that.)

      Jail time is something that people can't miss.

      I agree that two years should be a terrifying thing to take from somebody; it's scary that so many people are willing to risk jail time nonetheless.

      Punishment is always a problem. Nothing really works universally. Deterrence obviously fails to deter. Rehabilitation also fails more often than it helps. Vengeance comes with its own problems.

      Jail terms are always quantifications based on all three factors and more, which will always lead to absurdities of proportion, where some minor crimes get larger sentences than major ones. The laws are always compromises, and the numbers end up as the result of splitting differences and argumentation rather than an understanding of what works.

    6. Re:Jail Time by Normal+Dan · · Score: 1

      This is something similar to what I thought up. One problem is there's sometimes no way to tell exactly what has been sold to who. But if we could, I wouldn't mind receiving a large chunk of money every time my address is sold. Don't forget, they should also have to pay the salaries of the people who have to investigate the crime, etc. This would be a fixed rate on top of the dynamic rate. It should also be estimated how many emails they may have sold in the past, and they should be changed for them. The money can go to the people.

      --
      A unique way to learn a language: http://languageloom.com
    7. Re:Jail Time by qwijibo · · Score: 1

      When it comes to spammers, I can think of many other places where I'd prefer they get thrown and forgotten. Active volcanoes spring to mind.

      Fines don't work if the benefit of breaking the law exceeds the possible fine. Probation is the threat of being thrown in jail for getting caught again, which is slightly more legally binding than "don't do it again or I'll tell you not to do it again in a more stern voice". I get the impression that the kind of people that sell email adresses would consider the publishing of their crime and email address to be free advertising.

      If there's not going to be any punishment, it shouldn't be a crime. If it's a crime, there should be a penalty for getting caught. Relatively few people are going to be caught, so the ones that are need to serve as an example to others.

      As a sysadmin who has had to deal with spammers, summary execution is the only punishment I consider reasonable. Everything else is a compromise.

    8. Re:Jail Time by UbuntuDupe · · Score: 1

      Two years in jail for a non-violent crime?

      Am I the only one sick and tired of this method of trivializing crimes? "Oh, it's non-violent, I guess it's not so bad." You really think all violent crimes are worse than all non-violent crimes? Then tell ya what: slapping me in the face is a violent crime. I would gladly be slapped in the face in return for just 10% of the costs a spammer imposes on the rest of us.

    9. Re:Jail Time by M.+Baranczak · · Score: 1

      Removing the financial incentive is the only effective way to stop spam. Unfortunately, nobody knows how to do that.

      I like the idea of making restitution to the victims, but I don't think your plan would work. You can't send money by email, so you'd have to somehow find out the names and addresses of the owners. And how do you do that? By sending out mass emails telling people that they can get a check for $1.00 if they provide their name and address? How many responses do you think you'd get? And keep in mind, in a real life situation it'd probably be 100,000 addresses, not 100, and the amount for each address would be much less than $1.00. (How much less? I don't know, but I bet somebody here has a rough idea how much spammers are paying for addresses nowadays.)

    10. Re:Jail Time by ScentCone · · Score: 3, Interesting

      Two years in jail for a non-violent crime? Two years of your life is a very long time.

      And how many years can it take to recover from having your credit history trashed, from losing your sensitive job because you appear to be financially wreckless or in debt, or from having to rebuild your reputation when someone sends around child pr0n links/content or stock-pumping scams that appear to be coming from you?

      If you performed a "violent crime" that resulted in more or less the same consequences (wrecking someone's house or career), that's somehow worse, for you, than some other action that results in the same thing, long-term? How about when the person doing it is doing it to thousands of people at the same time?

      spending it in jail doesn't help society very much

      Other than the whole "he can't do any more of it while he's in prison" aspect, right?

      maybe your email address along with your crime made publicly known

      Oh no! Not public disclosure of your e-mail address! That's really some pretty serious stuff you're talking, there. No one who steals information, spreads around fraudulant messages, and is willing to take YOUR money or credibility for their own use would ever... just change e-mail addresses. These people are beyond shame. Naming them publicly does nothing, but jail time completely prevents them from any of these activities while they're locked up.

      Regardless, I still think we are too quick to just throw people in jail and forget about them.

      Forget about them? We have to feed them, provide medical and legal care, and 24 months later (in the example cited), administer their release. I can't imagine that you're thinking someone doing a 24-month stint is somehow going to wind up there for years longer because someone forgot that their sentence was up. Please.

      It sounds more like what you're really lobbying for is harsher sentences for violent criminals. Because you can't truly be thinking that life-wrecking scam artists that cost the world's economy untold billions in (choose your currency) and irretrievably lost time are the same as someone didn't renew their dog license, or was caught distilling their own grappa in the basement.

      --
      Don't disappoint your bird dog. Go to the range.
    11. Re:Jail Time by SlashdotCrackPot · · Score: 1

      Like anybody (unless mandated by the JUDGE or MINIMUM sentance) actually serves a full sentence for crimes of this nature. However, UK might differ a little from this as I'm not as familiar with their court systems.

    12. Re:Jail Time by Cygnostik · · Score: 0

      Granted you have a point there but the larger the fine the less likely it'll even get paid or end up reduced anyway. Making ones email address public is like making ones PO Box # public, why bother with something like that which could be so easily turned off and replaced? Aside from the fact that spammers probably don't care much about email anyway. You may as well publish the offender's myspace address and even then publish it where and who cares?

      Wouldn't it be more effective to consider more sensible alternatives? Increase the punishment for bigger crimes? What about an alternative to jail like some kind of correctional home? An industry sponsored half way house for dirty digital crimes who need to have their views adjusted? :-P Put them in a clockwork orange chair and force them to watch the hell people go through dealing with privacy issues and the spam they help propagate? Server admins brutally committing suicide over all the spam problems, families being torn apart by porn scandals caused by UCE?

      Until the break down and can no longer tolerate the horrible acts they've committed?

      What about restrictions on the types of business they're allowed to engage in? Take them, for several years, out of the industry they've proven unable to work in responsibly?

    13. Re:Jail Time by Krow10 · · Score: 1

      Beyond the initial "ha-ha" moment, I agree with you totally.
      Intellectually, I agree. Of course I've long felt that the war on drugs does far more harm than good. But as for the specific case of spammers -- fuck 'em. I have negative sympathy for them. They cost me time every day, and that comes right out of my long ago depleted "feel sorry for spammers getting nailed by draconian laws" supply. I'll work on helping in the general case. I have far more important things to do than worry about some spammer. Like posting to /. and counting the CPU cycles wasted by crap carefully crafted to avoid my spam filter.
      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
    14. Re:Jail Time by Normal+Dan · · Score: 1

      I suppose I'm trying to say jail should be reserved for people who are violent, as to take them off the streets and keep them from hurting others. It shouldn't be used as a deterrent. Then again, they are technically hurting others and thus tossing them in jail will keep them from harming others.

      Hmmm... Perhaps they should be locked in a room and forced to sift through thousands of emails looking for the few legitimate ones. Once they have found the legitimate ones, they will contain a code to unlock the room. Once they unlock that room, they have to do it again for the next room, and so on for a while. Maybe it will help them understand what they are doing to other people.

      Who knows?

      --
      A unique way to learn a language: http://languageloom.com
    15. Re:Jail Time by MillionthMonkey · · Score: 2, Insightful

      Two years of your life is a very long time. It's longer than you may think, and spending it in jail doesn't help society very much.
      On the contrary. Two years is actually a very light sentence for something that impacts society as severly as this, and society benefits greatly during that two year period, because imprisoning a spammer brings huge benefits to society. It's a cheap and effective way to improve the lives of millions of people.

      There really aren't that many spammers in the world. It may not seem like it, but that's because the world has a lot of spam- it's a crime that has a huge number of victims by definition. If you consider all the lives that are improved by jailing a spammer, it compares favorably even to jailing violent criminals. There are comparatively few lives that are improved by jailing (say) an average rapist, and even if each potential rape victim's life is improved a lot by the rapist being in jail instead of being free to rape, there's just a few rape victims per rapist (usually less than a hundred). Jailing a spammer can improve the lives of millions of people by a little, and receiving X spam emails is about as bad as being raped (for some value of X). And raping people isn't like spamming- it takes time, effort, and legwork, and the number of people you can rape is limited just by virtue of the fact that it's a difficult crime to computerize. If nothing else, at least one thing you can say about rapists is that they are not as lazy as spammers, and that should really be considered when coming up with sentences for them. Spamming may be as "nonviolent" as selling drugs, accepting bribes, or rigging elections, but spammers still belong in jail. If nothing else, it will prevent them from spamming, in a way that fining them will not. A spammer can cover any fine you impose by further spamming.
    16. Re:Jail Time by Qzukk · · Score: 1

      Other than the whole "he can't do any more of it while he's in prison" aspect, right?

      Except for the fact that if he's set up some kind of corporation or even just left an automated email harvester and credit card charge system running in some closet somewhere, he most certainly can.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    17. Re:Jail Time by Anonymous Coward · · Score: 0

      There are other ways of alleviating the problems with prisons than by resorting to executing large numbers of people.

      Prisoners shall receive one half of a 6-by-8 cell, one cot, water, a gruel that satisfies their basic dietary requirements, meetings with their lawyers, and the ability to participate in a work or study program for free. They will have to work for EVERYTHING else, from better food to a larger cell to exercise time outside to visits from their friends and family. If they work at some craft (the proceeds of which the prison sells to pay for operations or which is paid in restitution to the victims of the prisoner's crimes) or if they do well in a class (GED program, vocational training, bachelor's program, etc.) while in prison, they gain some credit toward the other privileges.

      Let's turn our jails and prisons back into genuinely unpleasant places, places you don't want to go. Now I've never been to prison, but based on news reports and documentaries I've seen, going to prison almost seem like going on vacation with the amount of privileges you receive.

    18. Re:Jail Time by Kopretinka · · Score: 1

      For most people who've never been in jail, jailtime will be a big deterrent. As opposed to a fine that's less than the profits, and even public humiliation - in today's society, we don't only forget the heroes, we also forget the villains fast, giving everybody their 15 mins of fame, maybe, and that's it.

      --
      Yesterday was the time to do it right. Are we having a REVOLUTION yet?
    19. Re:Jail Time by Anonymous Coward · · Score: 0
      > Intellectually, I agree. Of course I've long felt that the war on drugs does far more harm than good. But as for the specific case of spammers -- fuck 'em. I have negative sympathy for them. They cost me time every day, and that comes right out of my long ago depleted "feel sorry for spammers getting nailed by draconian laws" supply.

      I don't even have an "intellectual" disagreement with the notion that jail time for spamming (or listbrokering) is excessive: the crucial difference between a spammer and a drug dealer is that at least somebody, somewhere, actually wanted the drug dealer's crap.

    20. Re:Jail Time by ScentCone · · Score: 1

      Except for the fact that if he's set up some kind of corporation or even just left an automated email harvester and credit card charge system running in some closet somewhere, he most certainly can.

      If the corporation he's running is the vehicle through which he's committing his crimes, that wouldn't still be operating anyway. If you mean that he might have accomplices that weren't caught, that's another matter - though it's usually pretty easy to follow the trail.

      As for card harvesting, etc... he can't use money that he can't get to. Someone who's convicted of wire fraud, or bank fraud, or tax evasion, or any of the usual things that accompany these sorts of prosecutions, will have had every related bank account and transactional mechanism shut down or siezed. His ability to be oily and keep something operating outside of such scrutiny (absent unprosecuted partners) is hugely reduced by being in jail and unplugged.

      --
      Don't disappoint your bird dog. Go to the range.
    21. Re:Jail Time by jonbryce · · Score: 1

      Two years is the maximum, which will be for the most serious cases - mainly repeat offenders. I expect a typical sentence will be about 2 or 3 months, which I think is a reasonable deterrent. Clearly fines are just treated as a business expense, and so people break the law with impunity.

      If you read any british newspapers at the moment, you will see our prisons are overflowing, so people are not getting anything like maximum sentences at the moment.

    22. Re:Jail Time by MMInterface · · Score: 1

      Your post makes no sense. Your complaining because they dont have a common sense of decency but your post shows no sense of decency and no value for human life. Have you ever killed anyone? Have you ever witnessed murder? Have you served time in prison? If not you probably can't even grasp the idea of how barbaric your nonsense of a post sounds. A society with your type of thinking doesn't deserve to be free of this nuisance. What good is your sense of justice if you have no value for human life and no sense of decency. This would quickly descend into anarchy.

    23. Re:Jail Time by green1 · · Score: 2, Insightful

      >> Removing the financial incentive is the only effective way to stop spam

      actually, it's worse than that, you have to not only remove the financial incentive, you also have to remove the PERCEIVED financial incentive. the former is actually not that hard, and in some cases is already accomplished. the big problem is that even if people aren't able to make a penny off of spam you will still have people who THINK they can make money off it, and that will continue to cause people to try.

      what is needed most is for people to expect to get caught. people do their own risk/benefit analysis and if they think they are likely to get some benefit, and don't think there is any risk they will continue. the way to solve this is to make people think that the risk isn't worth it. which means better investigation, better prosecution, and better computer security making it harder for people to hide the origin of the spam.

    24. Re:Jail Time by jonbryce · · Score: 1

      In the English/Welsh, Scottish and Northern Irish court systems (there is no UK court system), you typically serve half the sentence, but it can be increased up to the full sentence if you behave badly in prison.

      The main difference is where you have a life sentence with a recommended minimum term. There, once you have served the recommended minimum term, the parole board (in England) or the equivalent elsewhere, carries out an assessment to see if you are still a risk to the public, and only release you if you are not.

    25. Re:Jail Time by Anonymous Coward · · Score: 0

      There is NO rationale for locking non-violent human beings in a cage. The proper punishment is restitution -- same as the proper (meaning moral and just) punishment for any non-violent crime. We are human beings, not animals.

      FYI, the US now has the highest rate of incarceration in the ENTIRE WORLD. (More people in jail, per population, than anywhere else in the world.) Care to guess why?

      Did not honestly not notice the giant red flag of opression? It's waving higher and stronger than ever.

    26. Re:Jail Time by LighterShadeOfBlack · · Score: 4, Insightful

      While I don't think jailing people who illegally trade in personal data (it's not just the spammers themselves affected by this law remember) is too much, your idea that jailing a spammer is more worthy than jailing a rapist or a violent criminal because of the number of lives involved is obscenely stupid. For all the millions of lives impacted by spam, that impact on each is still nothing more than inconvenience. The very concept that a million people's inconvenience is worse than "less than a hundred" people's lives, whether literally ended or "just" destroyed by rape or violent abuse is ridiculous.

      Sure, waking up in the morning and finding 70 emails, of which 65 are spam is pretty damn annoying, but it's nothing in the bigger picture. You need to seriously take a step back from the computer and get some fucking perspective.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    27. Re:Jail Time by krusader · · Score: 1

      receiving X spam emails is about as bad as being raped Wow.
    28. Re:Jail Time by fractalus · · Score: 2, Insightful

      While I understand and agree with the general sentiment of your post, I would suggest that there is no X sufficiently large that "receiving X spam emails is about as bad as being raped." To suggest that even a billion emails, enough to leave your personally-owned and lovingly-maintained mail server a smoldering slag heap in the co-lo rack, compares to the very personal, real, and in many ways unfixable feeling of violation that comes with rape is just a bit extreme.

      Now, can we get back to lynching spammers?

      --
      People are never as simple as their stereotypes. This applies equally to Christians, Muslims, and Emacs-lovers.
    29. Re:Jail Time by Anonymous Coward · · Score: 0

      Prison wouldn't be so bad if it wasn't for all the prisoners in it.

      When you live with apes it's hard to be clean...

    30. Re:Jail Time by MillionthMonkey · · Score: 1

      While I understand and agree with the general sentiment of your post, I would suggest that there is no X sufficiently large that "receiving X spam emails is about as bad as being raped."
      OK, then it's probably more accurate to say that being spammed is like being raped just a little.
    31. Re:Jail Time by bill_kress · · Score: 1

      I think the grandparent poster was assuming that pain was additive. This means that if getting spammed had a value of 5 and getting raped had a value of 5,000,000, then 1,000,000 spam would = 1 rape.

      The thing that needs to be pointed out to the poster is that they are not additive like that. For instance, how many slaps equates to getting your hands chopped off? For some people, there may actually be a number, but for most of us, epically programmers, there just isn't.

      The grandparent may not realize that rape can have the same kind of effect on a person. It's probably just a lack of empathy which is not uncommon among programmers--it's the reason the world thinks nerds are insensitive assholes--most are.

    32. Re:Jail Time by Greyfox · · Score: 1

      These guys are leeching billions of dollars out of the economy each year. They're doing it in increased bandwith requirements to deal with all that spam, the defrauding of the gullible people who respond to them (Because face it, no legitimate product is currently being advertised through spam) and in the time it takes the end user to process through their crap to get to the mail they want. We should be just as offended by their crimes as we were by the last round of CEOs who thought that the corporations they were running were their personal piggy banks. Spammers think the Internet is their personal piggy bank and I'm all for sending them to jail to prove to them that they're wrong.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    33. Re:Jail Time by redheaded_stepchild · · Score: 1

      When you live with apes it's hard to be clean...

      Which was exactly my original point...

      --
      Don't use the Troll mod just because you disagree with me.
    34. Re:Jail Time by Joebert · · Score: 1

      Why do you fuckers always wait untill I get rid of my mod points to say stuff like this ?
      That's insightfull if I've ever seen it.
      Anyone who says that spam is worse than rape deserves to be raped so they can make a fair comparison.

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    35. Re:Jail Time by JM78 · · Score: 1

      [for] each person's e-mail they sold...

      That's a massive assumption that, when caught, the number of addresses known to be sold is high enough to matter. Let's use you're example:

      So if the list is 100 e-mails and the person caught was selling the list for 1$ then the fine would be equal to 1$ x 100 and that $ would be sent to the people who's names are on the list.

      What if they're only caught with 100 but they actually sold 2000? This method doesn't work. Which is exactly why they've moved from fines to jail time. Deterrents are necessary and if the initial one isn't good enough then the stakes need to be raised. People need to take some responsibility for their actions - the stakes have just been raised; is it still worth the risk?

      IMHO western punishments for most crimes aren't stiff enough (except for Enron execs - we finally got some justice there). Freedom does not equal screwing your neighbor and when a criminal impacts the public negatively they should be made example of.

      --
      I am Jack's smirking revenge.
    36. Re:Jail Time by Anonymous Coward · · Score: 0

      Yes I agree two years in jail doesn't fit the crime

      A bullet to the head thats what spammers need.

    37. Re:Jail Time by suitti · · Score: 1
      OK. How about a fine? Let's see. It costs what, a billion dollars (a year) to cope with spam, right? Triple damages would be $3,000,000,000. Oh, and add interest. Until the fine is paid in full, the spammer and family must live in poverty equivelent to the worse poverty on Earth.

      Bill Gates could afford it. But for most of us, jail starts to look pretty good.

      I just hope the UK has equally tough spammer laws.

      This is what i think of jail and poverty.

      --
      -- Stephen.
    38. Re:Jail Time by Der+Reiseweltmeister · · Score: 1

      Maybe spamming would be a crime where being banned from the internet would be a suitable punishment? Obviously this only works if you're spamming and not just trading in people's info.

    39. Re:Jail Time by Anthony+Boyd · · Score: 1

      Wow. That's just awful.

    40. Re:Jail Time by KDR_11k · · Score: 1

      But he'll still have a fun time in prison at least. And of course he'll be known to the police and might get caught much faster again than some person that is still unknown to the police so he could easily have to fit multiple visits to the funhouse into his schedule. Being rich does a lot less to make you happy when you spend a lot of time incarcerated.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    41. Re:Jail Time by Eternauta3k · · Score: 1

      You know the best part? These people say that, by taking out a spammer, you improve millions of lives. That's false, since you only removed 1 source of spam, of the hundreds there must be. What's worse, 1 million people getting 1 more message a day, or a couple people being killed or raped?

      --
      Yeah. Would you choose a neurosurgeon who pokes around people's brains in his spare time? I wouldn't.
    42. Re:Jail Time by iminplaya · · Score: 0

      (Score:0, Troll)

      Man! You can always tell when authoritarian freaks get mod points! They do what they can to keep people from seeing anything that could interfere their little agenda. Truth, troll, and flamebait are all identical to them. Any and all challenges (and this one is an extremely important one) must be wiped out! Oh, well. All I can do is to continue plugging along in the hopes of getting the message out to put a stop to these atrocities.

      LOCK 'EM UP! every last one of them! There. Does that it make a +5 insightful??

      I hope all your teeth fall out! Except one, so you get a toothache!

      --
      What?
    43. Re:Jail Time by compro01 · · Score: 1

      every related bank account and transactional mechanism shut down or siezed.

      three words : off-shore accounts

      --
      upon the advice of my lawyer, i have no sig at this time
    44. Re:Jail Time by Anonymous Coward · · Score: 0

      and receiving X spam emails is about as bad as being raped (for some value of X). Are you for real? There is absolutely no number X that will cause spam to be "about as bad" as rape. Perhaps you do not know anyone that has been a victim of sexual crime. To put spam, and rape into the same bucket is ludicrous, and anything but insightful.

      If we are sending spammers to jail, what about snail mail spam? How many trees do I shred per year thanks to credit card companies? To me, that is much more disturbing than having to delete a couple hundred email per week.
    45. Re:Jail Time by frosty_tsm · · Score: 1

      (though I gather that the US government has ways around that.) Yes, they build a Wal-Mart where your house once stood.
    46. Re:Jail Time by drsquare · · Score: 1

      It's longer than you may think, and spending it in jail doesn't help society very much.
      He can't do any spamming when he's in prison can he? That's the point of prison as far as I'm concerned.

      I don't care how non-violent a crime is, if you're a menace to society then you should be removed from society.
    47. Re:Jail Time by spaceyhackerlady · · Score: 1

      Yes, I know it's suppose to be a deterrent, but I think a better deterrent would be a much larger fine, probation, and maybe your email address along with your crime made publicly known.

      You're right. Why not just shoot them, instead?

      ...laura

    48. Re:Jail Time by Tony+Hoyle · · Score: 1

      More likely they'll get an enforcement order preventing them from using personal data in any way (the current law allows this, in fact).

      This is death to any company with more than a handful of customers.

      For a stock listed company this won't only kill it it'll result in the CEO being sued by the shareholders as well.

      Who needs jailtime?

    49. Re:Jail Time by thermal_7 · · Score: 1

      Sure, then how about making it so everyone has to wear a helmet when walking near a street. This mere inconvenience for a large amount of people will undoubtedly save the lives of many pedestrians.

    50. Re:Jail Time by LighterShadeOfBlack · · Score: 1

      That's not even kind of relevant to what I'm saying.

      Firstly the inconvenience in that situation would be felt by the person whose life would potentially be saved, meaning if they chose life over inconvenience that's entirely up to them. Unless you're saying murder victims are given the choice about whether to be murdered or to get spam for the rest of their life then sorry but you're talking bollocks.

      Secondly, I'm not saying spammers shouldn't be punished or that they shouldn't be imprisoned even. All I'm saying is that the GP's stance that imprisoning a spammer is a greater plus for society than imprisoning a murderer or rapist is rubbish.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    51. Re:Jail Time by StikyPad · · Score: 1

      And how many years can it take to recover from having your credit history trashed, from losing your sensitive job because you appear to be financially wreckless or in debt, or from having to rebuild your reputation when someone sends around child pr0n links/content or stock-pumping scams that appear to be coming from you?

      WTF are you talking about? Because *we're* talking about sending people to jail for selling e-mail addresses. In no way does that financially wreck someone's life or prop up any of your other strawman arguments.

      If you feel your life has been ruined by SPAM, maybe you should do a couple of years in the joint to gain some perspective.

      (In fact, I think all potential judges, prosecutors, and police should spend no less than 30 days in jail [general population, not the cushy Club Fed] and all politicians [actually, all citizens] should have to serve no less than 2 years in the military, because for the most part, none of them have any idea what they're doing to other people's lives.)

    52. Re:Jail Time by Anonymous Coward · · Score: 0

      Let me make what will seem like a strange point to you...

      Each person in this life has a total of one resource available to them. Everyone has it. That resource is time. Most crimes we punish for are, at their very bottom roots, theft of time from another person.

      Flat out theft? You're punished for the money they lost when you stole. That money is a direct representation of time.

      Rape? You've permanently tainted the time a person has left on this planet with a constant nagging issue they have to resolve in their life. That time very likely won't be as fulfilling as it could be. You've stolen part of it.

      Murder? You've stolen ALL of the time a person had left on this planet, plus left a hole where other people needed them, costing them time as well.

      My point is, when you look at it from this very objective perspective and measure time lost and punish in proportion to that (and yes I had that thought about other crimes before spam became a problem), then that little bit of time each person hit by spam loses begins to add up. Within a short time you've cost years, possibly several humans' entire lifetime worth of time collectively. Sure it's spread out, but that's the amount of time in aggregate that you've stolen.

      It might be a strange perspective, but it does show a well-reasoned perspective in which spammers logically stand on the same plane as other more blatantly heinous criminals.

      Of course, that means /. is probably guilty of several lifetimes of loss. ;-)

    53. Re:Jail Time by ScentCone · · Score: 1

      selling e-mail addresses

      Who do you suppose is buying them? The wider spam-using "industry" is responsible for spreading around malware of every sort, links to sites that carry all sorts of toxic payloads, and encouragement to land on phishing sites set up expressly to steal sensitive personal information from people who will find their bank accounts drained or $10,000 in consumer electronics bought in their name.

      When someone illegally raids a private database and sells that information to people who are, by the very act of sending bulk unsolicited mail (before we even talk about whether the message is itself fraud or the first step in a scam) is generally illegal. Feeling sorry for the people that seek out ways to support and do business with them through the sale of information that they have no right to sell... well, I've got to wonder what drives your perspective on this.

      because for the most part, none of them have any idea what they're doing to other people's lives

      Ah, never mind. You think you know everything despite not having done everything, so there's no point discussing it any further.

      --
      Don't disappoint your bird dog. Go to the range.
    54. Re:Jail Time by mpe · · Score: 1

      It seems everyone these days are too eager to throw people in jail. Two years in jail for a non-violent crime? Two years of your life is a very long time. It's longer than you may think, and spending it in jail doesn't help society very much.

      That's probably more of a reason for reviewing exactly who is jailed in general.

      Yes, I know it's suppose to be a deterrent, but I think a better deterrent would be a much larger fine, probation, and maybe your email address along with your crime made publicly known.

      Maybe if they spammed ED drugs (or porn) they should go on the sex offenders register.

    55. Re:Jail Time by rtechie · · Score: 1

      First off, it's "up to" 2 years. It's entirely possible for a magistrate to sentence the offender to far less time or none at all. Extenuating circumstances (he was just a stupid kid) arguments can be made at sentencing and are ususally very effective in the UK.

      Second, compared to our American gulags most British prisons are practically country clubs. They're slowly getting worse in the UK, but they are still better.

    56. Re:Jail Time by thermal_7 · · Score: 1

      Ok I agree with you that a rapist does more damage to society than a spammer. My point was that it may seem brutal, but enough inconvenience for a number of people does amount to more than a life. Otherwise it would be worth it everyone walking around on tippy toes to ensure there is no death. Death is a part of life and I think it more important people live freely and happily rather than hold the existence of everyones life as all important. So what I am saying is that the equation is not as simple as 1 death > infinite inconvenience. I think society and the judicial system should reflect this.

    57. Re:Jail Time by StikyPad · · Score: 1

      Who do you suppose is buying them?

      So fine the end users. You know -- the people actually doing that stuff? "Enabling" is a half-assed argument, because not all of the people sending SPAM are the same people setting up phishing sites or nigerian e-mail scams, and throwing them all into the same group is either ignorant, lazy, or both -- neither of which are characteristics a criminal justice system should have.

      Feeling sorry for the people that seek out ways to support and do business with them through the sale of information that they have no right to sell... well, I've got to wonder what drives your perspective on this.

      I'm not feeling sorry for anyone; what I'm saying is that it is the responsibility of government to conduct itself in a manner befitting its position. That is to say, it should lead by example. It's ridiculous to accuse someone of reckless behavior and then act recklessly with their fates. It's hypocracy.

      You think you know everything despite not having done everything

      More strawman BS. By no stretch of the imagination did anything I say even remotely resemble a claim to know everything. Furthermore, you don't have the first inkling of my life experiences. But feel free to come up with even more unrelated arguments -- less reposting for me.

    58. Re:Jail Time by Anonymous Coward · · Score: 0

      reviewing and removing 650 spams from 700 emails day after day week after week month after month year after year for dozens of millions of people IS the big picture, you know.

      heck, since you are speaking about it, volontary pollution aka criminal negligence (or even global warning) is nothing serious after all, I guess, cause we will survive it, we are no stupid dodo birds, we can see the Big Picture, right ?

  9. Yep by iminplaya · · Score: 1, Interesting

    We can't fill 'em fast enough. No room for these guys though.

    --
    What?
  10. A good start by onkelonkel · · Score: 1

    I'm a firm believer in some sort of nightmare medieval punishment for spammers, preferably involving red hot iron applied to tender parts in proportion to the number of spam emails sent. This is not there yet but is a good start.

    --
    None of them can see the clouds; The polished wings don't care.
    1. Re:A good start by Anonymous Coward · · Score: 0

      I think spamming should get the death sentence.

  11. The price of spam lists by future+assassin · · Score: 3, Insightful

    just went up. Which ofcourse will create more email harvesting.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:The price of spam lists by LighterShadeOfBlack · · Score: 1

      No, if it created more harvesting then the price would go down again, until it reached a new equilibrium which would probably be slightly more expensive than currently and involving slightly less harvesters. Now if more and more countries start taking this kind of thing seriously then the amount of places where it can go unpunished and the number of people willing to risk punishment will go down, leading to less email harvesting and higher prices for e-mail addresses - until eventually it's no longer financially viable to send spam. Then the hand-holding and kum-ba-yah'ing can begin.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
  12. THE FALCONER! by madsheep · · Score: 1

    Lord Falconer, Secretary of State for Constitutional Affairs and Lord Chancellor, said. "People have a right to have their privacy protected from those who would deliberately misuse it and I believe the introduction of custodial penalties will be an effective deterrent to those who seek to procure or wilfully abuse personal data." Ok, so I'll avoid making a joke about "the falconer" here, but I do have a question. Do you feel like your privacy has been violated if someone that already had your e-mail address sells/trades/gives it to someone else? Also, what count as deliberately misusing it? Last I checked it seems like e-mail addresses were made to be spammed. Go after people spamming and not someone giving out an e-mail address.
    1. Re:THE FALCONER! by Intron · · Score: 3, Informative

      Do you feel like your privacy has been violated if someone that already had your e-mail address sells/trades/gives it to someone else?
      -- yes

      what count as deliberately misusing it?
      -- any use other than the purpose for which I gave it to you

      Go after people spamming and not someone giving out an e-mail address.
      -- the people giving out the email address are just as guilty as the people sending spam

      --
      Intron: the portion of DNA which expresses nothing useful.
    2. Re:THE FALCONER! by CaptainZapp · · Score: 2, Funny

      Do you feel like your privacy has been violated if someone that already had your e-mail address sells/trades/gives it to someone else?

      It's actually worse then that. I feel that my sanitary and healthy living conditions are polluted by some low life scumbag who's getting rich quick by shitting into the communal water supply.

      This is metaphorically speaking, of course.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    3. Re:THE FALCONER! by qwijibo · · Score: 1

      Last I checked, email was a form of communication. When I first got my email address, there was no such thing as spam. In the old days, we used to communicate with other people. Sure, some of them were stupid and annoying, but it was easy to filter them out.

      Is there a legitimate use for providing the email addresses to others in bulk? When people ask me for an email address, it's usually for a mutual acquaintance. I've never had any reason to provide every email address of everyone I've ever seen, plus several million that I made up that are plausable based on common names and known valid domain names.

      There's no difference between the people selling email lists and the spammers. They're both engaged in a for-profit business of making offers to people that are so bad that it only takes a small handful of morons out of every million people to have a profitable business model.

    4. Re:THE FALCONER! by madsheep · · Score: 2, Interesting

      Is SPAM not a form of communication? What about all the snail mail you get? Should people that sell your name and address go to jail? What about "CURRENT RESIDENT"? These people don't even know your name but mail you anyway! People advertise/SPAM in regular mail just to make a dollar. It's a form of communication.

    5. Re:THE FALCONER! by qwijibo · · Score: 1

      Spam is communication in the same way that hate speech is communication. It fits a strict legal definition, but that's the only way it qualifies communication. It's undesireable to all but a statistically irrelevant group and it's offensive to a large portion of its audience.

      I'm all for prosecuting people who sell personal information. I do system architecture design for a marketing organization in a large bank. I've seen the kind of companies and people who are in the business of selling information "legitimately". They will do pretty much anything to get information, including buying it on the black market. They will even tell you that they do this if they think it will help them make a sale. This is normal for companies who sell name and address databases legally. People who sell email addresses are much seedier types. Good luck getting a real name from one of them.

      The difference between spam and other forms of advertisement is who pays for the spam. I have to pay for enough bandwidth to handle the 10k+ pieces of spam sent to me every day if I want to be able to get the valid emails that are mixed in with those. The spammer doesn't pay for the spam. They pay for the botnets that are used to send their spam, but that's a stolen resource, so the price is pretty low and negotiable. What would you think if you had to pay postage and printing costs for every piece of junk mail you received? Spam is popular because it puts the cost of advertising on the victim and other unknowing third parties.

    6. Re:THE FALCONER! by 26199 · · Score: 1

      Any database of personally identifiable information falls under the data protection act, and that comes with a whole host of requirements. The data has to be collected with the consent of the subjects, for one specified purpose; it can't be held longer than is needed for that purpose; subjects can request to see the data held on them, and to have mistakes corrected; and the data can't be given to anyone else (unless this is necessary for the originally specified purpose, and the recipient follows the same rules).

      So the giving of addresses is partially irrelevant. Just having a database of addresses without the consent of the people who own the addresses may be illegal.

    7. Re:THE FALCONER! by jonbryce · · Score: 1

      If you read TFA, you will see that the increased punishment is for unauthorised trade in all personal data, not just email addresses.

    8. Re:THE FALCONER! by kraut · · Score: 1

      > So the giving of addresses is partially irrelevant. Just having a database of addresses without the consent of the people who own the addresses may be illegal.

      Having a database of personal information IS illegal in the UK unless you've registered it with the Data Protection commission or some such body. That should cover most spammers.

      I'm sure there are exemptions for personal use, but you'll have trouble convincing the court that you have 235,000 close personal friends ;)

      --
      no taxation without representation!
    9. Re:THE FALCONER! by Anonymous Coward · · Score: 0

      >>> Just having a database of addresses without the consent of the people who own the addresses may be illegal.

      Never mind maybe, it is!

      I run a business (two actually) and keep client details. We're supposed to pay a fee and register with the information commissioner to do that I think. http://www.ico.gov.uk/Global/faqs/data_protection_ for_organisations.aspx

      That's beside all the other conditions you rightly mention. So why is this law needed? It's already an offence under existing statutes.

      Oh and I agree that just prison may not be right. A shorter spell in prison (paid for using sale of their own assets [or those of parents in case of under 16s]) and an extended spell on working cleaning litter and dog crap from our countryside, painting community buildings, cleaning sewers, skilled work for charities where appropriate, etc.. Followed by a state sponsored television broadcast of an apology and explanation of the crime, punishment and why it was wrong (helps to demonstrate rehabilitation and deter others).

      Claims for state support after release from prison would be limited to a living expense + a bunk bed and locker. No flat's with satellite TV! Those finding work will have a small additional income tax taken to pay off any excess expenses.

  13. What about people who inadvertantly give away by antifoidulus · · Score: 3, Insightful

    email addresses? Such as those who are infected with a harvester. I know that is how my gmail address got out. I didn't receive any spam until I received a mass email inviting all the 200 people who were accepted to the University of Minnesota graduate program in CS to an orientation. At least one of the people who got that must have been infected with spyware that harvests addresses(I know they should know better since they are going to be CS grad students and yet....) and spam started regularly coming into my inbox. It isn't as bad as the 100 or so spams I day I received at my old university address(which I was careless with, but that was before spam became as huge a problem as it is today).

    Should the offender be tracked and punished? After all, (s)he gave away my personal info without my consent. Not intentionally and didn't make any money, but its an interesting question nonetheless.

    1. Re:What about people who inadvertantly give away by DaMattster · · Score: 1

      That's an interesting question you pose. I really hope that the person you mentioned isn't punished. I think they really did not intend for this to happen. Let's go after the big guys; the ones that write and distribute the code to harvest addresses. By punishing the small, petty guys, you only make it harder for them to obtain employment and to be contributing members of society. Finding a good job and making one's own way is already hard enough, having a criminal record notwithstanding. Therefore, the problem is never solved by going after the small time and the already overburdened criminal justice just gets further taxed. My .02 cents, anyway.

    2. Re:What about people who inadvertantly give away by antifoidulus · · Score: 1

      Oops, I didn't mean to come off as saying "they should be punished" but rather questioning whether or not the COULD be punished. I don't think they should be punished either, but it's still annoying not being able to absolutely control who has your email address.

    3. Re:What about people who inadvertantly give away by redheaded_stepchild · · Score: 2, Interesting

      Ok, I'll agree that prison is too harsh a crime for letting your PC become infected with malware. But how about a fine for letting it continue? Some states have a system in place to fine people for vehicles that pollute the air, why can't we fine people for letting their PC's pollute the internet?

      This, like a parking ticket, isn't a felony crime that might stop you from getting a job.

      What it could do is make people think about getting some education about their PCs, or at least get someone who can maintain them properly like a decent mechanic would their car.

      A major portion of the spam problem is people who allow this kind of thing to happen. You're right in the sense that we shouldn't be going after the small, petty guys alone. I still think the spammers themselves are a bigger target. But if we can take away a major source of their information, we can make their spamming job a lot harder.

      As a side benefit, people would be exposed to all sorts of things, like Firefox, Linux, and other alternatives to a system that is inherently insecure.

      "MacroShaft - Where do you want to get screwed today?"

      --
      Don't use the Troll mod just because you disagree with me.
    4. Re:What about people who inadvertantly give away by Anonymous Coward · · Score: 0

      I think you're confused as to who did what. Spyware is known to be nearly impossible to remove from your computer and the task it's performing isn't always obvious, nor is it always evident that it's running in the first place.

      The person with spyware on their computer is merely another victim of the crime. The person who developed the spyware and tricked people into downloading it without any knowledge of what it does or how to remove it is the person who has committed the crime. This person is then on the receiving end of the email addresses, so that they can harvest/sell the information to spammers.

      If Person A is forced to hang upside down from two 10 story buildings by his ankles, and is forced to hang on to person B who is dangling below person A, if Person B was to slip and fall, I would have to say that it's not a point of topic to question whether Person A is guilty of murder.

      The person who did the forcing would be guilty.

    5. Re:What about people who inadvertantly give away by redheaded_stepchild · · Score: 1

      I think that's a bullshit argument, and here's why:

      The person with spyware on their computer has the ability to stop that kind of crime from happening. That's the definition of negligence - "the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care." (from dictionary.com) Granted, no such law actually exists (yet) - but it should.

      If you think a PC is unsecurable, then I must be an extremely fortunate person- no viruses or spyware on this box for 5 years running. Top that off with I spend less money on securing this system than most people who get infected do. Oh, yeah, I'm running Windows.

      --
      Don't use the Troll mod just because you disagree with me.
    6. Re:What about people who inadvertantly give away by Xugumad · · Score: 1

      In the example given, at the college would be in the wrong for having sent out an e-mail with 199 other people's addresses visible (and when I say in the wrong, I mean I'm fairly certain they'd be breaking the Data Protection Act).

      The person with the harvester could be breaking the law by not taking sufficient precautions with the information, but that gets messier...

    7. Re:What about people who inadvertantly give away by jonbryce · · Score: 1

      The university should certainly be punished for not putting the addresses in the bcc list. It would be much more difficult to track down which of the fellow recipients was responsible for passing the address on.

  14. If only it was inforceable. by oliverthered · · Score: 1

    I get tonnes of junk mail through my door even though I always check/uncheck the don't pass my details on to someone else box.

    Next time I move house I'm going to register all my bills in different names so that I know exactly who's passing my details on.

    --
    thank God the internet isn't a human right.
    1. Re:If only it was inforceable. by quixote9 · · Score: 1

      I tried that, but I changed the middle initial, E. for the electricity company, X. for American Express, and so on. It was fascinating. Buy a pair of binoculars, find yourself getting life insurance offers. Leave your name with a chocolatier at a food show, and get catalogs from a company making high-end mountain bikes. There was no rhyme or reason to it, and with the vast majority I never would have guessed who'd sold the name without that tell-tale little breadcrumb. (And that junk came, of course, after explicitly requestiong NO junk.)

      Personally, I think 20 years would be closer to fitting the crime (There ought to be some relation between how much time they rob from everyone else and the time they have to do), and they should be sentenced to having only one email address, and one phone number, both of which would be publicized forever.

      (Me? Hate spammers? Nonsense. I'm mild as milk.)
  15. Strongbad is in trouble by Lord_Slepnir · · Score: 1
    {Cut to Strong Bad and Bubs standing at the stick, facing away from each other. Strong Bad has a CD labeled "The Goods", Bubs has a bag of cash labeled "The Payoff".}

    STRONG BAD: {voiceover} Or if I'm strapped for cash, I'll sell the email addresses to Bubs for use in his free weekly spamvertisements.

    {Strong Bad drops the CD}

    STRONG BAD: Oops! Lookit that! I dropped a CD of five-thousand email addresses!

    {Bubs throws the bag of money on the ground}

    BUBS: Whoops! I dropped a quarter for each one!

    http://www.hrwiki.org/index.php/unused_emails

  16. Sorry All Our Jails Are Full... by Anonymous Coward · · Score: 0

    You'll get 160 hours community service.

  17. Ha! by spandox · · Score: 1

    GB is coming under flack for overcrowded jails - to the point that they are letting Paedophile walk - they are not going to lock up spammers. FROM BBC NEWS: Paedophile escapes prison A man who downloaded dozens of child porn pictures won't be sent to prison - partly because of overcrowding in England and Wales. Derek Williams was given a suspended sentence. Judges have been told to only put the most dangerous criminals behind bars for the time being. A Downing Street spokesman said advice was sent to judges on sentencing but only as a reminder of the guidelines.

    1. Re:Ha! by pembo13 · · Score: 1

      I rather spammers in jail to be honest.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    2. Re:Ha! by pluther · · Score: 1

      We could just put the spammers in jail, and tell the other inmates they're pedophiles...

      --
      If the masses can keep you down, you're not the Ubermensch.
  18. What happened to punishment fitting the crime? by DaedalusLogic · · Score: 3, Insightful

    I hate spam, but traditional jail is excessive for anyone that sells e-mail or private information. I view jail as a place we should send people if the crime can actually cause physical harm to someone's life or limb. Then it makes sense for them to be physically seperated from society. If they commit a crime that's going to cost someone financially, drop a big punitive fine on their ass. Someone who sold private information so they could live the high life with a luxury car and a high rise penthouse should at worst face an entire life of paying back debts. They can live in a fleabag apartment and drive a pinto.

    However, I wouldn't be opposed to say a sentence that put them in jail every weekend for two years. They can still try to earn an honest buck, and get a solid reminder of what they did wrong.

    1. Re:What happened to punishment fitting the crime? by Xugumad · · Score: 1

      I don't think it's excessive, I think it's inappropriate. This isn't a violent offender, they don't need to be locked away for my safety, why should the taxpayer have to pay for them to rot in a cell somewhere? Give them a _lot_ of community service instead. Say, about two years worth....

  19. How about: by Mopar93 · · Score: 0

    ...adding telemarketing lists to this?

    No wait, that wouldn't work. The phonebook makers would then be put in jail.

    -Maurice

    --
    FixingTheWeb.com Helping to keep the bad guys out...
  20. Private data = Private parts by amigoro · · Score: 1

    Your private data is like your private parts. No one has the right to expose them without your permission.

    --


    Nothing to see here
  21. I just hope it's not by jeremyclark13 · · Score: 1

    Blue collar prison with conjugal visits. People like this need to go to federal prison, where they might be complimented on the beauty of their mouth.

    --
    Don't you hate glorious self-promotion? Visit my Blog
    1. Re:I just hope it's not by jonbryce · · Score: 1

      In Britain, there aren't separate state and federal prisons. Just state prisons, and everyone goes there regardless of whether it is a local or national law or EU directive that has been broken.

  22. This law will never stick by gorbachev · · Score: 1

    Too many problems.

    Does this apply to recruiters and other people whose job it is to keep track of people? They pass people's contact information around all the time.

    How about social networking site operators, whose site leaks contact information to third parties?

    How about corporate officers of information broker firms like Acxiom? These companies never have permission directly from the people whose information they have.

    The information broker firms are also the reason why this sort of law would never even pass in the US.

    --
    In Soviet Russia, I ruled you
    1. Re:This law will never stick by Xugumad · · Score: 1

      You know we've had laws like this for somewhere around 30 years now, right? I mean, not going to say you'll get this through in the US (but good luck, seriously!), but they're in place and they more or less do work, although there's a massive loophole in that once personal information is out of the UK, they can do what they like with it (but companies have to warn you if they're going to do that).

    2. Re:This law will never stick by kraut · · Score: 1

      >although there's a massive loophole in that once personal information is out of the UK
      ^UK^EU

      Data protection laws are, AFAIK, reasonably uniform across the EU. And there are restrictions on what data you can transfer out, although there are plenty of loopholes in the transfer rules.

      --
      no taxation without representation!
  23. Equivalent, my ass! by Anonymous Coward · · Score: 0

    The law should be treating spammers to a long tour of Iraq digging front-line latrines with a target sign.

  24. Where's... by poticlin · · Score: 1

    The champagne? We need to celebrate!

  25. I support jailing more people by Anonymous Coward · · Score: 0

    I also support our President, George W. Bush and I support the War in Iraq and the War on Terror. There are no "innocent civilians" in this war.

    IF YOU DON'T SUPPORT BUSH THEN YOU SUPPORT BIN LADEN AND 9/11!

    foxnews.com -- Learn the truth!

    Spam isn't a big deal, terrorism is. GET SOME PRIORITIES!

  26. Probably "up to two year" by Per+Abrahamsen · · Score: 1

    which does seem mild compared to the potential property damages that can be caused by this, depending on the number of addresses being sold.

    What is the maximum penalty for breaking into a computer, stealing information, and in the process leave the computer unusable? ...

    And I strongly disagree with the sentiment often heard here on /. that jail time should be reserved to violent (blue collar) crimes, and economic (white collar) crimes should only get fines. The economic crimes are often much more damaging, because the number of victims is so much higher, and the perpetrators are often quite used to (and willing to) taking economic risks. Serving jail time seem much more real.

    The notion also smack towards sending poor people in jail, and letting rich people go free, which is not exactly strengthening the fabric of society.

    1. Re:Probably "up to two year" by KDR_11k · · Score: 1

      What is the maximum penalty for breaking into a computer, stealing information, and in the process leave the computer unusable?

      I don't know about the UK but in the US that's 15 years, 250000$ and whatever damages you have to pay.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  27. How about this? by StressGuy · · Score: 1

    Instead of jail time or community service, sentance them to 1 hour per 100 e-mails in a federal automated PMITA machine?

    Ya know, it would have stocks and some sort of reciprocating er...machinery

    or....maybe not

    --
    A goal is a dream with a deadline
  28. Bcc as well? by Shorthouse · · Score: 1

    .... and it should be community service for those who don't Bcc.

  29. *which* jail is for selling lists to spammers? by Anonymous Coward · · Score: 0

    And since when did we start listening to jails, anyway?

  30. There will be no jail time by Colin+Smith · · Score: 1

    The British jails are full. They're letting rapists, paedophiles and murderers out because they've nowhere to put them. You think a spammer is going to get any time?

    --
    Deleted
  31. Punishment fitting the crime not possible here by Per+Abrahamsen · · Score: 4, Informative

    UK is a member of the EU, and as such is not allowed to restore the death penalty. Thus, death by torture as subject implies, is not an option, and jail time will have to do.

    I really hate the pervasive meme that a crime is less of an issue if the damage is spread out over many victims, rather than concentrated on a few individuals. The economic damage done by a single large scale spam attack is large enough to fund several life saving operations. Just because you can't name the person who died doesn't make the crime any less severe.

    And yes, the two years jail time is the upper limit, reserved to the worst cases. Most offenders will get far less than that, and first time offenders will most likely not even face jail time.

  32. I call it.. by TheNinjaroach · · Score: 1

    We can call it Spam's Labyrinth!

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  33. Are People The Only Ones? by LifesABeach · · Score: 1

    Just a thought; But would this apply to Credit Card Company's, Lending Institutions, or Credit Rating Company's? More identities have been "published" from these types of businesses than any other, to date. I know my credit rating may be affected by this posting.

    1. Re:Are People The Only Ones? by Anonymous Coward · · Score: 0

      There is a naive but simple experiment with email protecting on http://publiusdict.blogspot.com/

      The idea is the following: on internet places where it is not allowed - or not advisable - to spell out your email address (or any other identity) leave a message of some free text, and conceal some unique keywords within a simple, innocent-looking sentence. The same keywords can be stored again at a safer part of the internet (in the "publiusdict") where they will be easily found by any good search engines.

      That is a simple email address (or pseudonym, whatever you want) disctionary with associate keywords. Everyone, who were interested in your "identity" at the other place, will find it in the "publiusdict".

      Some slashdotting of the dictionary will help the search engines to remember it :)

      CU (or NOT!?): "berna mendulo" http://services.nexodyne.com/email/icon/6e4dIYq4aV U%3D/rmNOXlw%3D/QU9M/0/image.png"

  34. But the FREE MARKET! by Goaway · · Score: 1

    This is nothing but GOVERNMENT INTERFERENCE in the FREE MARKET! If the governement would just stay away, everything would work out for the BEST for the CUSTOMER!

  35. Doubtful offenders would ever see inside of jail by wooglin_1551 · · Score: 1

    Considering the recent news that known pedophiles aren't being sent to prison, what are the odds that spammers end up in the slammer?

  36. wait a minute... by djdead · · Score: 1

    IANAB (I am not a Brit), but wouldn't that be "gaoling" them?

    --
    -1: flamebait should really be -1: inciteful
    1. Re:wait a minute... by Anonymous Coward · · Score: 0

      no, because this isn't the year 1600

  37. Wont work - retarded civil servants by sjwest · · Score: 3, Informative

    Like your humour

    but the uk's information commissioners office is far too lame to do anything about it. - explain why evil empire Microsoft sued the Milton Keynes spammer ,and not the civil service.

    Blair and Bush masters of FUD '15 - minutes before you die'. Final thought: Imformation commisioners office (UK) could not party in brewery.

  38. receiving Xspam emails about as bad as being raped by Anonymous Coward · · Score: 1, Funny

    ...BadAnalogyGuy, is that you?

  39. Reminds me of C++ programmers by ColonelPanic · · Score: 2, Funny

    ... because C++ programmers make "friends" solely for the purpose of exposing their "private" parts to them.

    --
    "Skill shows through where genius wears thin." -Wittgenstein || Religion: uniting aviation and architecture.
  40. so now i just delete less, but.... by uncanny · · Score: 1

    what about all this junk mail i get in my actual mailbox every day? sure spam is annoying, however this physical mail is just as annoying, if not more since i can't just "delete" these credit card offers (half of which spell my name the same horrible spelling so i know they're selling that name around like crazy) but the government lets that slide since they are making money off of it. they dont make money off of e-mails flying around. why not do something about this REAL junk mail that's actually a harm to our physical environment?

  41. No jail sentence will be handed down - Policy by caveman · · Score: 3, Insightful

    The UK government has recently instructed magistrates and judges not to jail non-violent offenders where possible, due to lack of space in the countries' already crowded prisons.

    While the threat of jail is still there, the chances of anyone actually getting a custodial sentence for such crimes is virtually non-existant, when even major crime gets punished with fines and community service.

    So, yet another UK law that looks good on paper, but will be as effective as the USA CAN-SPAM laws.

  42. Not practical in the U.S.... by Karl+Cocknozzle · · Score: 1

    ...Our prisons are so crowded with potheads we're making room by releasing murderers and rapists early.

    Maybe the penalty should have been 10x the amount you earned selling the data... That way you discourage the behavior (forfeiture of all profits times 10) while not wasting prison space that needs to be saved to protect the rest of us from violent offenders.

    --
    Who did what now?
    1. Re:Not practical in the U.S.... by kraut · · Score: 1

      Or, you could legalise weed, and make hard drugs available on prescription.

      That would
      a) get you tax revenue on the 2nd most popular intoxicant in the country
      b) cut off a huge part of the funding of organised crime
      c) lead to a dramatic reduction in burglaries and muggings, since addicts wouldn't have to commit crime to feed their habits

      and, most importantly, mean you have plenty of free jail space to detain spammers at Her Majesty's pleasure. Not sure if Liz has an email address, but if she does, I'm sure it'd please her to detain spammers for quite a while ;)

      --
      no taxation without representation!
    2. Re:Not practical in the U.S.... by Karl+Cocknozzle · · Score: 1

      Or, you could legalise weed, and make hard drugs available on prescription.

      Totally agree... I just don't know how that will happen anytime soon. So many "Good Christians" in the "lock 'em all up" camp that you can't imagine it happening in too many states in the U.S. right now. Alaska has the closest thing with de facto legalization--you can have some for personal use, and can grow for personal use.
      --
      Who did what now?
  43. Re: your sig by QuantumG · · Score: 1

    Intron: the portion of DNA which expresses nothing useful. Heh, you're a bit behind the times aint ya? 21st century research has shown that introns contain the "control logic" of expression. Proteins are the building blocks of life, but the introns contain sequences that are transcribed into mRNA that interacts with protein expression to inhibit or promote. In the 20th century, the study of molecular biology could be liked to a 1930s plane engineer looking at a Boeing 747.. they would recognise many important things: the shape of the wings, the thickness and composition of the metals used.. they might be baffled by the jet engine for a while, but they'd pretty quickly figure out how it works. Then, many years later when they think they've understood just about everything, a modern engineer might ask "was there anything you didn't understand?" and they'd probably reply "yeah, what the hell is with these miles and miles of what looks like glass cable? What's that all about?"

    Oh, and in regards to the spam, what you just described sounds a lot like the information privacy act in Australia.
    --
    How we know is more important than what we know.
  44. finally by Anonymous Coward · · Score: 0

    it's about damn time someone took a stand. i agree, we need something like this in the states, the problem is that we already have plenty of laws to enforce, but no one does. the u s government has a top ten "letterman" list of the main 10 companies that put out most (let me emphasize MOST) of the spam. that list has names, addresses, and telephone numbers.

    we get the government we deserve because we elect them. think about your republican or democratic elected officials the next time you check your inbox.

    we just need a few more "russian spam king" incidents if you ask me.

  45. Re: your sig by Intron · · Score: 1
    --
    Intron: the portion of DNA which expresses nothing useful.
  46. Er, can be by KKlaus · · Score: 1

    Depends on how you measure it. Your phrasing makes it seem obvious (hence you 5). But what if I say that spam costs the US 10's billions in lost time every year, and oh let me ad that for 50 dollars a year you can save someone starving in bangladesh (or wherever you like to be frank). Reducing the size of the global or national economic pie _does_ kill people, just not as directly. Remember, the only reason our life expectancies are so high here are because we have the money to pay for crap like antibiotics and transplants and life support machines etc etc. Money is important.

    Whether jailing people that contribute to it in this way is right, well that's another debate entirely. Just wanted to point out that spam is something to be pretty upset about, even if inconvenience itself doesn't upset you.

    Cheers.

    --
    Relax I just want some peanuts.
    1. Re:Er, can be by LighterShadeOfBlack · · Score: 2, Insightful

      Somehow I knew the saving money is saving lives thing would come up. Even if spam really does cost the US 10 billion dollars per year* the fact is that money lost in this manner can never be directly correlated to a cost in lives or emotional damage. Otherwise where would we be? Would someone caught stealing $100 be charged with an equivalent sentence of a double murder? Ridiculous right? How about $1000, $10k, $100k, $1M? At what point is theft equivalent to taking a life, raping someone, or some other violent crime? It's a cliché to say you can't put a value on a life but with good reason. Sure spammers are arseholes and I'll reiterate that I'm not against imprisoning spammers and taking every penny they've made (and more) from them, but nobody will ever convince me that a spammer is as bad or worse than a rapist or a murderer or a wife-beater. I dread the day our society is so fucked up that we can equate monetary loss on the same scale as physical or sexual abuse.

      I'll get down off my soapbox now.

      *: I suspect those figures are entirely bogus though. Most likely calculated in the same style that the RIAA uses to say that piracy costs them 100 trillion dollars per nanosecond or whatever they're claiming these days.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    2. Re:Er, can be by KKlaus · · Score: 1

      Right but my point was that at some point monetary loss _is_ physical damage (I think damage fits better here than abuse). Does it really matter how you die? Cancer is just as final as a clip of bullets, and frequently as painful. It just doesn't have the emotional pull.

      --
      Relax I just want some peanuts.
  47. Re:New commercial: In a perfect world: by Anonymous Coward · · Score: 0

    In a perfect world spammers would get caught, go to jail, and share a cell with too many men who have enlarged their penises, taken viagra and are looking for a new relationship...

  48. Only on slashdot by Plutonite · · Score: 1

    If nothing else, at least one thing you can say about rapists is that they are not as lazy as spammers, and that should really be considered when coming up with sentences for them.

    What? I hope there's a typo in there, I really do.

  49. It's about time by Anonymous Coward · · Score: 0

    The amount of spam I now get from UK companies who follow the Britney excuse ("Oops, I did it again") to avoid fines is rediculous - it shows clearly Data Protection laws have absolutely nil effect.

    I'm about to formally report one of them to both the Information Commissioner and the FSA because I now have a track record of 3 violations + cancellations - and I'll see this one through. One of these f*ckers as example is better than 10 complaints which they ignore anyway.

    You know who you are - your number is up. This time I'm coming after you.

  50. Never happen... by milette · · Score: 1

    If the UK is already releasing kiddie pornsters to the street instead of sending them to jail because the jails are already full -- what chance do you think any spam-facilitator is ever going to see the inside of a cell?

  51. Re: your sig by QuantumG · · Score: 1

    Yeah, thing is, "expression" means "results in a change in the phenotype", so clearly introns express something, just not proteins. By definition, an intron is the parts of DNA fragment which is spliced out before the parts that are not spliced out are translated into a protein.

    --
    How we know is more important than what we know.
  52. Re: your sig by Intron · · Score: 1

    'When I use a word,' Humpty Dumpty said, in a rather scornful tone, 'it means just what I choose it to mean, neither more nor less.'

    --
    Intron: the portion of DNA which expresses nothing useful.
  53. To: *@*.* by Anonymous Coward · · Score: 0

    UNSUBSCIBE!