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CAN-SPAM Act Turns 5 Today — What Went Wrong?
alphadogg writes "Five years ago, the US tech industry, politicians, and Internet users were wringing their hands over the escalating problem of spam. This prompted Congress to pass a landmark anti-spam bill known as the CAN-SPAM Act in December 2003. Fast forward five years. The number of spam messages sent over the Internet every day has grown more than 10-fold, topping 164 billion worldwide in August 2008. Almost 97% of all e-mails are spam, costing US ISPs and corporations an estimated $42 billion a year. What went wrong here?"
especially when they are anonymous(or at least obfuscated) and in many cases, overseas and therefore beyond prosecution under this law
'I'm just saying
1) Legislation was flawed
2) Problem transcends US Jurisdiction
3) Enforcement is spotty at best
4) Idiots buy their stuff
Yes, well, while the RIAA can evidently track down and prosecute a 6 year old downloading "Wheels on the Bus", the U.S. government can't seem to figure out which companies are responsible for the SPAM, even with all the contact information that must be available for the SPAM to have any value whatsoever.
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Anything that fails to remove the financial motivation behind sending SPAM will fail to prevent SPAM.
No one in their right mind ever thought CAN-SPAM would have any tangible benefit.
Remember when we made weed illegal and now you can't buy... ooh, wait a second.
Quite seriously, this law was specifically not aimed at spam. It was aimed at certain types of online fraud, and it deliberately took power away from local law enforcement to put it in the hands of a federal power that does _nothing_ about mere spam. It was carefully designed to allow 'opt-out' advertisements, and that first advertisement from any spammer, and it was carefully legislated that way by the Direct Marketing Association to avoid interfering with the advertisements of their funding agancies. It was also carefully designed to overrule more effective, state efforts.
Such laws should instead be modeled on the junk fax law, which has withstood the test of free speech challenges and ease of prosecution.
Your Congress advocates a
( ) technical (X) legislative ( ) market-based ( ) vigilante
approach to fighting spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
( ) Spammers can easily use it to harvest email addresses
( ) Mailing lists and other legitimate email uses would be affected
( ) No one will be able to find the guy or collect the money
( ) It is defenseless against brute force attacks
( ) It will stop spam for two weeks and then we'll be stuck with it
( ) Users of email will not put up with it
( ) Microsoft will not put up with it
( ) The police will not put up with it
(X) Requires too much cooperation from spammers
( ) Requires immediate total cooperation from everybody at once
( ) Many email users cannot afford to lose business or alienate potential employers
( ) Spammers don't care about invalid addresses in their lists
( ) Anyone could anonymously destroy anyone else's career or business
Specifically, your plan fails to account for
( ) Laws expressly prohibiting it
(X) Lack of centrally controlling authority for email
(X) Open relays in foreign countries
( ) Ease of searching tiny alphanumeric address space of all email addresses
(X) Asshats
(X) Jurisdictional problems
( ) Unpopularity of weird new taxes
( ) Public reluctance to accept weird new forms of money
( ) Huge existing software investment in SMTP
( ) Susceptibility of protocols other than SMTP to attack
(X) Willingness of users to install OS patches received by email
(X) Armies of worm riddled broadband-connected Windows boxes
( ) Eternal arms race involved in all filtering approaches
(X) Extreme profitability of spam
( ) Joe jobs and/or identity theft
(X) Technically illiterate politicians
(X) Extreme stupidity on the part of people who do business with spammers
(X) Dishonesty on the part of spammers themselves
( ) Bandwidth costs that are unaffected by client filtering
( ) Outlook
and the following philosophical objections may also apply:
(X) Ideas similar to yours are easy to come up with, yet none have ever
been shown practical
(X) Any scheme based on opt-out is unacceptable
(X) SMTP headers should not be the subject of legislation
( ) Blacklists suck
( ) Whitelists suck
( ) We should be able to talk about Viagra without being censored
( ) Countermeasures should not involve wire fraud or credit card fraud
( ) Countermeasures should not involve sabotage of public networks
( ) Countermeasures must work if phased in gradually
( ) Sending email should be free
( ) Why should we have to trust you and your servers?
( ) Incompatiblity with open source or open source licenses
(X) Feel-good measures do nothing to solve the problem
( ) Temporary/one-time email addresses are cumbersome
(X) I don't want the government reading my email
( ) Killing them that way is not slow and painful enough
Furthermore, this is what I think about you:
( ) Sorry dude, but I don't think it would work.
(X) This is a stupid idea, and you're a stupid person for suggesting it.
( ) Nice try, assh0le! I'm going to find out where you live and burn your
house down!