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Supreme Court Lets Virginia Anti-Spam Law Die

SpuriousLogic sends in a CNN report that begins "The Supreme Court has passed up a chance to examine how far states can go to restrict unsolicited e-mails in efforts to block spammers from bombarding computer users. The high court without comment Monday rejected Virginia's appeal to keep its Computer Crimes Act in place. It was one of the toughest laws of its kind in the nation, the only one to ban noncommercial — as well as commercial — spam e-mail to consumers in that state. The justices' refusal to intervene also means the conviction of prolific commercial spammer Jeremy Jaynes will not be reinstated." Jaynes remains behind bars because of a federal securities fraud conviction unrelated to the matter of spamming.

14 of 77 comments (clear)

  1. Supreme Court doesn't rule on everything by BadAnalogyGuy · · Score: 5, Informative

    The SCOTUS does not take every case that crosses its path. These days, unless there is an important Constitutional interpretation at stake, the Court will typically pass on the case.

    Since there really isn't much new in this case (the FA already forbids restriction on TFOS), it's hardly surprising that the SCROTUS decided to let precedent do its job.

    No one likes spammers, but this law was clearly in violation of the civil rights of everyone it touched.

    1. Re:Supreme Court doesn't rule on everything by bloodninja · · Score: 3, Interesting

      Israel handled it by making mails advertising a paid service without prior communication illegal. As politicians are not advertising a service that the email receiver directly pays for, it is legal. This past election, I actually abstained from voting because the party that I intended to vote for sent me spam.

      --
      Lock the wife and the dog in the boot of the car.
      Return one hour later.
      Who's happy to see you?
    2. Re:Supreme Court doesn't rule on everything by ubrgeek · · Score: 3, Funny

      > politicians are not advertising a service that the email receiver directly pays for

      Tell that to Blagojevich ... ;)

      --
      Bark less. Wag more.
    3. Re:Supreme Court doesn't rule on everything by Hozza · · Score: 4, Informative

      I wouldn't move to Italy and expect them to have every label in English, (hell, maybe they do, but I doubt it)

      Actually, its extremely common to find packaging with multiple languages in Europe. Many will be bilingual and some are even quadlingual.

      The business logic is nothing to do with %'s of populations, its all about the flexibility of being able to ship the product to different countries, depending on where there's demand this week.

    4. Re:Supreme Court doesn't rule on everything by PopeRatzo · · Score: 3, Funny

      it's hardly surprising that the SCROTUS decided to let precedent do its job.

      Well, that's what we elected the precedent to do.

      --
      You are welcome on my lawn.
    5. Re:Supreme Court doesn't rule on everything by PopeRatzo · · Score: 3, Insightful

      Israel handled it by making mails advertising a paid service without prior communication illegal.

      Sensible.

      That puts me in mind of the fact that even though Israel is the darling of so-called "conservatives" in the US, it is also every bit as "socialist" as any country in Western or Central Europe. You never hear the same kind of scorn and derision that you hear leveled against countries like Sweden, Denmark or (gasp) France.

      It's a shame that hubris prevents the US from trying to learn from any other nation in the world.

      --
      You are welcome on my lawn.
  2. I believe in Freedom from SPAM by Anonymous Coward · · Score: 4, Funny

    I believe in freedom. As an American and a citizen of America, a land that was birthed in the patriotic defense of freedom, freedom is important to me and my wonderful family and our church and community. That is why I believe, like millions of other Americans, and the great majority of Italians, in Freedom. But when a malicious band of radical Italians, who curse our freedom and want their countrymen to not have the freedoms that America gave them, use the blessings and liberties of our freedoms to attack Freedom, I say this means war. If these Italo-extremists attack with spams on our computer networks and internet, then I will stand shoulder to shoulder with patriotic defenders of our homeland and our freedom-loving Italian allies until the false friends of the Italian people, the freedom-haters are defeated. Sometimes we will have to sacrifice some temporary freedoms in the defense of the greater freedom and the responsibility of freedom and the responsibility to responsibly exercise that freedom, that comes with being a free American (as opposed to a Mexican or something of that sort). GOD bless you all and good morning. We will prevail.

  3. Cue the form by Jurily · · Score: 3, Funny

    Your post advocates a...

    1. Re:Cue the form by Shakrai · · Score: 4, Funny

      Your post advocates a...

      Your post advocates a

      ( ) technical ( ) legislative ( ) market-based ( ) vigilante (X) form-based

      approach to fighting spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)

      ( ) Spammers can easily use it to harvest email addresses
      ( ) Mailing lists and other legitimate email uses would be affected
      ( ) No one will be able to find the guy or collect the money
      ( ) It is defenseless against brute force attacks
      ( ) It will stop spam for two weeks and then we'll be stuck with it
      ( ) Users of email will not put up with it
      ( ) Microsoft will not put up with it
      ( ) The police will not put up with it
      ( ) Requires too much cooperation from spammers
      ( ) Requires immediate total cooperation from everybody at once
      ( ) Many email users cannot afford to lose business or alienate potential employers
      ( ) Spammers don't care about invalid addresses in their lists
      ( ) Anyone could anonymously destroy anyone else's career or business
      (X) The meme is tired and worn out and I'm just as likely to get a -1 troll as a +5 funny.

      Specifically, your plan fails to account for

      ( ) Laws expressly prohibiting it
      ( ) Lack of centrally controlling authority for email
      ( ) Open relays in foreign countries
      ( ) Ease of searching tiny alphanumeric address space of all email addresses
      (X) Asshats
      ( ) Jurisdictional problems
      ( ) Unpopularity of weird new taxes
      ( ) Public reluctance to accept weird new forms of money
      ( ) Huge existing software investment in SMTP
      ( ) Susceptibility of protocols other than SMTP to attack
      ( ) Willingness of users to install OS patches received by email
      ( ) Armies of worm riddled broadband-connected Windows boxes
      ( ) Eternal arms race involved in all filtering approaches
      ( ) Extreme profitability of spam
      ( ) Joe jobs and/or identity theft
      ( ) Technically illiterate politicians
      ( ) Extreme stupidity on the part of people who do business with spammers
      ( ) Dishonesty on the part of spammers themselves
      ( ) Bandwidth costs that are unaffected by client filtering
      ( ) Outlook

      and the following philosophical objections may also apply:

      (X) Ideas similar to yours are easy to come up with, yet none have ever been shown practical
      ( ) Any scheme based on opt-out is unacceptable
      ( ) SMTP headers should not be the subject of legislation
      ( ) Blacklists suck
      ( ) Whitelists suck
      ( ) We should be able to talk about Viagra without being censored
      ( ) Countermeasures should not involve wire fraud or credit card fraud
      ( ) Countermeasures should not involve sabotage of public networks
      ( ) Countermeasures must work if phased in gradually
      ( ) Sending email should be free
      ( ) Why should we have to trust you and your servers?
      ( ) Incompatibility with open source or open source licenses
      ( ) Feel-good measures do nothing to solve the problem
      ( ) Temporary/one-time email addresses are cumbersome
      ( ) I don't want the government reading my email
      ( ) Killing them that way is not slow and painful enough

      Furthermore, this is what I think about you:

      (X) Sorry dude, but I don't think it would work.
      ( ) This is a stupid idea, and you're a stupid person for suggesting it.
      ( ) Nice try, assh0le! I'm going to find out where you live and burn your house down!

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  4. Responding the appeal by Thanshin · · Score: 4, Funny

    "Sir, the Supreme Court rejected our appeal to keep the antispam law."

    "Did they state a reason for the rejection?"

    "Yes, we apparently need a much larger voting base. They offered to provide us with the necessary means to enlarge our voting base in weeks."

  5. Re:e-mail is just too cheap to send by Antique+Geekmeister · · Score: 3, Insightful

    Go look up http://craphound.com/spamsolutions.txt. Fill it in for yourself, please, with particular attention to the existence of botnets (which steal email services from zombied machines worldwide), non-profit spam (which will get away with it free as they do under the CAN-SPAM act), and the difficulties of micropayments (handling many thousands of small transactions is extremely expensive when you start handling real money).

    In other words, it will hurt legitimate email far, far, far more than spam, which will simply steal the service from others. Or do you somehow think that you personally will magically profit from this one?

  6. Re:e-mail is just too cheap to send by sakdoctor · · Score: 4, Funny

    Incredible! You've solved spam.

    Where thousands of security experts have failed, you alone have come up with the magic bullet.

  7. Re:e-mail is just too cheap to send by Vectronic · · Score: 3, Insightful

    I can't tell... are you joking or not?

    What about people on mailing lists? Is your Slashdot account set to e-mail you when someone replies to a comment you made? How many Slashdotters are there? 1.5 million now or something? You expect them to dish out like $15,000 (if everyone had it enabled), and that's only per-reply, per-comment... would end up being in the hundreds of thousands a day...

    But I suppose now you'd want to create a registry or something, white and blacklists, that's ok, I'm sure all these service providers would just love to do that for every damn company, organization and website, around the world, they live for that shit.

    Who gets to decide who's on which list? Obviously, this needs federal regulation now, now this costs them money, that's ok... they can just raise the cost... lets say 10 cents, that seems fair... but wait, they still want more money, but they can't raise the initial price... I know, they could add an e-mail tax onto internet accounts... ...

  8. Re:Just out of curiosity... by Phroggy · · Score: 3, Insightful

    That's exactly why the politicians don't take it seriously - the average Joe doesn't realize how vast (and expensive) a problem it is.

    For awhile, my tiny little home server, only used by me and a few friends and family members, with just one domain name, was rejecting approximately one spam attempt every 45 seconds, on average. I don't know what the recent numbers are - after the McColo shutdown, there was a huge drop, and I haven't bothered to figure out the statistics recently.

    But that's once every 45 seconds, 24 hours a day, 7 days a week, 365 days a year. On a tiny little home server. Now imagine how much money it costs Google to deal with spam on GMail....

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;