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Spammers Finally Under the Legal Gun?

MarkvW writes with this welcome bit of Schadenfreude: "People are finally starting to use the anti-spam laws in the malevolent manner in which they were intended — unlimited consumer lawsuits from unlimited plaintiffs!" The story's protagonist is my hero for the season.

204 comments

  1. You'd think TFA could at least get English right by fishexe · · Score: 4, Funny

    San Francisco-based Balsam has been wielding a one-man crusade against e-mail marketers he alleges run afoul of federal and state anti-spamming laws...

    Wielding a crusade? Really?

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  2. "Unlimited plaintiffs"?? by fishexe · · Score: 5, Informative

    How is this "unlimited consumer lawsuits from unlimited plaintiffs!"? What I see in this article is a substantial but limited number of lawsuits from one plaintiff.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    1. Re:"Unlimited plaintiffs"?? by Anonymous Coward · · Score: 0

      The idea is presumably that people could copy him. He might be among the few doing it, but anyone with an email address, in a jurisdiction with anti-spam laws and receiving spam from domestic companies (how easily can you sue a Russian spammer in a small claims court?) is likely to be a suitable plaintiff.

    2. Re:"Unlimited plaintiffs"?? by microcars · · Score: 0

      I was a little disappointed by the lead up.
      I thought it was going to be about some botnet that used a honeypot to harvest spam emails and auto-filed individual lawsuits by the bazillions or something.
      It's not.

      --
      I like microcars
    3. Re:"Unlimited plaintiffs"?? by Planesdragon · · Score: 2

      How is this "unlimited consumer lawsuits from unlimited plaintiffs!"? What I see in this article is a substantial but limited number of lawsuits from one plaintiff.

      "Unlimited" does not mean "infinite." Think, "there is no two." http://en.wikipedia.org/wiki/Zero_One_Infinity

      In this case, as with software, "unlimited" means that there is no arbitrary limitation on the number of plantiffs or lawsuits. Sure, there is a theoretical maximum of some 308 million plantiffs, and a further theoretical maximum of some six billion defendants... meaning that if the theoretical maximum were reached, we'd have more lawsuits on this law than have ever been filed in the history of our jurisprudence.

      So, yeah, "unlimited" sounds about right.

    4. Re:"Unlimited plaintiffs"?? by Frosty+Piss · · Score: 1

      You can sue as many Russian / Former Russians as you want. Will they ever be brought to AMERICAN justice? No. Russian Justice? Not as long as the keep passing suitcases of cash to Moscow.

      --
      If you want news from today, you have to come back tomorrow.
    5. Re:"Unlimited plaintiffs"?? by micheas · · Score: 1

      Now that would be a business model for litigation. (hope the sarcasm comes through.)

    6. Re:"Unlimited plaintiffs"?? by BradMajors · · Score: 1

      The largest source of SPAM is the United States. United States spammers frequently route their spam through a foreign country.

    7. Re:"Unlimited plaintiffs"?? by fishexe · · Score: 1

      You can sue as many Russian / Former Russians as you want. Will they ever be brought to AMERICAN justice? No. Russian Justice? Not as long as the keep passing suitcases of cash to Moscow.

      I think I see a solution.

      1. Be in cahoots with Moscow.
      2. Bring Russian court suits against spammers whose only way out of lawsuits is to pass suitcases of cash to Moscow.
      3. ?
      4. Profit!

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    8. Re:"Unlimited plaintiffs"?? by fishexe · · Score: 1

      How is this "unlimited consumer lawsuits from unlimited plaintiffs!"? What I see in this article is a substantial but limited number of lawsuits from one plaintiff.

      "Unlimited" does not mean "infinite." Think, "there is no two."

      No shit. Why do you think I said "limited" rather than "finite"?

      http://en.wikipedia.org/wiki/Zero_One_Infinity

      In this case, as with software, "unlimited" means that there is no arbitrary limitation on the number of plantiffs or lawsuits.

      Well, the maximum of the number of plaintiffs discussed in the article is one.

      Sure, there is a theoretical maximum of some 308 million plantiffs...

      So, yeah, "unlimited" sounds about right.

      Once again, I wasn't talking about the theoretical number of plaintiffs and lawsuits in the world. An article about that might be kind of awesome. What we got was an article about one dude, limited by the number of lawsuits that one dude has time to file. TFA made the summary a teensy bit misleading.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    9. Re:"Unlimited plaintiffs"?? by 1u3hr · · Score: 1
      You can sue as many Russian / Former Russians as you want. Will they ever be brought to AMERICAN justice? No. Russian Justice? Not as long as the keep passing suitcases of cash to Moscow.

      Most of the spam I get is obviously for American products. Maybe they pay some Russians to send it, but he source is the USA.

      In any case, when it comes to sending money to the said assholes, wherever they may be, it isn't in a suitcase, it has to go through American banks and credit card companies. Too bad they don't give a shit about stopping them ripping off the public, as long as they get their cut. But are perectly willing to block sites like Wikileaks for no reason at all, or file sharing sites on the nod from corporate America.

    10. Re:"Unlimited plaintiffs"?? by Anonymous Coward · · Score: 0

      How is this "unlimited consumer lawsuits from unlimited plaintiffs!"? What I see in this article is a substantial but limited number of lawsuits from one plaintiff.

      "Unlimited" does not mean "infinite." Think, "there is no two." http://en.wikipedia.org/wiki/Zero_One_Infinity

      In this case, as with software, "unlimited" means that there is no arbitrary limitation on the number of plantiffs or lawsuits. Sure, there is a theoretical maximum of some 308 million plantiffs, and a further theoretical maximum of some six billion defendants... meaning that if the theoretical maximum were reached, we'd have more lawsuits on this law than have ever been filed in the history of our jurisprudence.

      So, yeah, "unlimited" sounds about right.

      You must work for the Marketing department at my ISP who promises me Unlimited Internet and then bills me for going over some arbitrary "usage quota", or sends me nasty emails and makes threatening phone calls if I sustain 50% (or higher) of my connection's maximum potential capacity for more than an hour at a time.

    11. Re:"Unlimited plaintiffs"?? by bluefoxlucid · · Score: 1

      I want to see him represent multiple plaintiffs in multiple individual suits for free lol. He can't take multiple days in court at once though; and a class action would be pretty shitty in comparison to getting hit by everyone who spammed you. Actually hmm, how about an opt-out class action for $10 per person plus an injunction to cease opt-out e-mail advertising?

    12. Re:"Unlimited plaintiffs"?? by fishexe · · Score: 1

      Actually hmm, how about an opt-out class action for $10 per person plus an injunction to cease opt-out e-mail advertising?

      That...would be awesome.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  3. Re:You'd think TFA could at least get English righ by Smallpond · · Score: 5, Funny

    To be fair, a one-man crusade is fairly easy to lift.

  4. it's Schadenfreude by lpaul55 · · Score: 2

    Does no one here know German? Shame on you.

    --
    ... now back to the bit mines.
    1. Re:it's Schadenfreude by fishexe · · Score: 1

      Does no one here know German? Shame on you.

      Many here know German...none of whom, unfortunately, are among the editors.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    2. Re:it's Schadenfreude by Sulphur · · Score: 2

      Does no one here know German? Shame on you.

      Many here know German...none of whom, unfortunately, are among the editors.

      Had there been any, then they could have gone past the spelling and gotten the meaning. If the spammers had rheumatism, St. Vitus dance, and erectile dysfunction, then where might be schadenfreude in the Village of the Spammed.

    3. Re:it's Schadenfreude by Asic+Eng · · Score: 1

      Nope, Schadenfreude just means to derive joy from another's misfortune. It doesn't have to be an ironic misfortune. Schadenfreude is when you laugh as a spammer's house burns down - reducing his ill-gotten gains to rubble. If previously he'd sent so much spam to the fire department that the server broke down, making the department unable to coordinate their activities and get to the house in time ... Well that would add to it, but it's not required to feel Schadenfreude.

    4. Re:it's Schadenfreude by Anonymous Coward · · Score: 0

      > and gotten the meaning

      Any time that you type "gotten", please consider that you have written a big, black BLAH in your sentence.

      There are any number of verbs that would have fitted the clause above; "understood the meaning", "determined the meaning", "inferred the meaning". Using "gotten" indicates laziness and lack of attention.

  5. Dan is... odd by MBCook · · Score: 5, Informative

    I know a company that has had the fun of dealing with Dan. While I hate spammers as much as the next guy, Dan's little crusade seems less than legal to me. Having a valid opt-out isn't good enough. Here is what you agree to by sending him email (not that you would know it at the time):

    All persons, businesses, and other entities that send any unsolicited commercial email to any email address containing “danbalsam.com” voluntarily enter a contract with Dan Balsam and agree to be bound by the terms of the contract and “No Spam Policy” as described herein.

    1. Unless Dan Balsam or someone else with an email address including “danbalsam.com” has specifically opted in to receive commercial email from you, you understand and agree that neither Dan Balsam nor anyone else with an email address including “danbalsam.com” has ever requested any commercial communication from you, and that any commercial email you send that includes “danbalsam.com” in the To, Cc, or Bcc fields that fits these criteria is against the express wishes of the recipient(s).
    2. As consideration for reading your unsolicited commercial email, you agree that any email you send which advertises or promotes any product, service, or Internet destination shall be subject to a $25,000.00 fee for reading and responding appropriately. The fee may be paid in advance at PayPal, or Dan Balsam will remit an invoice.
    3. You accept responsibility for any affiliates or marketing agents who promote any product, service, or Internet destination on your behalf.
    4. Concealing your identity increases the fee by $10,000.00 to compensate for the effort to track down the sender.
    5. You may not sell, barter, or give away to any other party any email addresses containing the domain name “danbalsam.com.” Violation of this clause subjects you to liquidated damages of $10,000.00 or ten (10) times the amount of money you made selling the address(es), whichever is greater.
    6. You agree that California Business & Professions Code 17529.5 is not pre-empted by the Federal CAN-SPAM Act, 15 U.S.C. 7701 et seq.
    7. In the event that any suit or action is instituted to enforce any provision in this contract, Dan Balsam shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys’ fees.
    8. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, assigns, administrators, executors and other legal representatives.
    9. Any action in respect of or concerning this contract shall be litigated solely in California and both parties consent to jurisdiction in California. This contract shall be governed by, construed and enforced in accordance with the laws of the State of California.
    10. Sending email to or copying to or blind copying to any email address containing the domain name “danbalsam.com,” or similar actions by your affiliates/agents, constitutes voluntary acceptance of these terms.

    Copyright © 2002-present, Daniel Balsam

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    1. Re:Dan is... odd by microcars · · Score: 2

      I am going to send him an email asking if he would license me that contract to use for my own domain.
      I wonder if I would get a bill? After all it would be an unsolicited commercial email.

      --
      I like microcars
    2. Re:Dan is... odd by TFAFalcon · · Score: 2

      So kind of like an EULA you only get to read after purchasing a product?

      All he needs to add is: 'If you do not agree to these conditions, please contact %site_email_provider to delete your email from our inbox'

    3. Re:Dan is... odd by Anonymous Coward · · Score: 0

      In order for a contract to be binding doesn't something have to be exchanged of value normally? Like a dollar bill. Otherwise it isn't binding. Or at least the contract should be signed in writing. Otherwise it isn't valid.

    4. Re:Dan is... odd by Opportunist · · Score: 1

      If this holds in court, here's what every lawsuit troll will do:

      1. Register domain names that are similar to those of companies and contain the usual suspects for typos.
      2. Set up a mail server and put this drivel up there.
      3. Wait for someone to make a typing mistake.
      4. Sue
      5. Profit.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Dan is... odd by Anonymous Coward · · Score: 5, Insightful

      Having a valid opt-out isn't good enough.

      No, it isn't.

      I'm not Dan, but I've dealt with people who think like you before.

      Let me put it simply: I didn't opt in to your spam. You're already stealing my time and resources if you managed to get it through my spam filters. So I'm sure as fuck not going to trust you to opt me back out of it.

    6. Re:Dan is... odd by Cid+Highwind · · Score: 1

      Dear Dan,

      We are thrilled to hear your response to our offer of \/1A g R 4. However, as we are persons thus far unknown to you, in a country thus far unknown, who have contracted with other persons unknown to you in Russia and China to hire the services of 100,000 computers in 12 separated countries for to send our valuable messages to you we must reply to your filing of the law suit against us in California court with a "giggle" as they say in English. Good luck collecting on your defaults judgement.

      OXOX,

      Vladimir and ???

      --
      0 1 - just my two bits
    7. Re:Dan is... odd by Anonymous Coward · · Score: 0

      I just bought iamdanbalsam.com. Since his TOS says 'with an email address including “danbalsam.com” ' That should qualify. I can now spam him.

    8. Re:Dan is... odd by Gadget_Guy · · Score: 1

      No, that would not be legal. There are rules for contracts that require that an offer must be accepted by the offeree. You can't agree to the terms of an offer that you have not seen. Now you could say that if a spammer sent further messages after the first one resulted in a reply with those terms then they would be liable, but I am not sure. It is like when you get one of those automated phone calls with a recorded message. You can't just talk back to the message and legally say that you have informed the phone spammer of your conditions.

      I am not sure who to cheer on here, a spammer or a lawyer. Maybe it is time to launch the nukes and start again with a fresh slate!

    9. Re:Dan is... odd by Spy+Handler · · Score: 1

      I am not sure who to cheer on here, a spammer or a lawyer.

      Let them kill each other, then the rest of us will be better off

    10. Re:Dan is... odd by Firehed · · Score: 4, Funny

      For future reference, posting as AC is quite pointless when it's so easy to perform a whois lookup, Brett.

      But props for *actually* buying the domain. Usually when I involve money in a Slashdot comment, it's from posting an affiliate link or something.

      --
      How are sites slashdotted when nobody reads TFAs?
    11. Re:Dan is... odd by yuhong · · Score: 1

      Especially when it is hard to tell whether the opt-out really is an opt-out.

    12. Re:Dan is... odd by harlows_monkeys · · Score: 2

      While I hate spammers as much as the next guy, Dan's little crusade seems less than legal to me. Having a valid opt-out isn't good enough.

      He's correct. Having a valid opt-out is NOT good enough. There are two reasons for that.

      First, if a valid opt-out were good enough, it would mean every spammer gets a freebie, and then we have to actually take positive action to not receive further spam from them.

      Second, opting out requires communicating with the spammer--letting them know that you actually spent time looking at their spam. That is likely to just get you even more spam.

    13. Re:Dan is... odd by Anonymous Coward · · Score: 0

      So I'd be liable for umpteen million dollars if I were to send an unsolicited e-mail to foobarr@danbalsam.com? Or give away such an addre-OH FUCK.

    14. Re:Dan is... odd by Seumas · · Score: 1

      No, a valid opt-out *isn't* a good enough solution. If I haven't "opted-in", don't send me your shit. My life contains a limited number of hours and days in it before it ends and I don't care to spend it opting out of each and every campaign. If 10,000 spam campaigns email me with an option to opt-out and never be spammed by that campaign again, I have still had to go through 10,000 pieces of spam and 10,000 opt-out processes.

      On the other hand, I don't know who these people are who are getting an abundance of spam. They're like people who complain about "all the ads on the internet". It takes a very minimal amount of effort to avoid spam. If you don't have a clue what you're doing, you can just sign up for gmail and get about one spam every couple of months. Or your ISP likely provides quality filtering. Or if you are savvy, you can use any number of options to filter your spam on your own (greylisting, whitelisting, blacklisting, SBLs, SpamAssassin, etc).

      In 2010, hearing people complain about spam or web ads is a lot like hearing a comedienne start off his set with "What's the deal with airline food?!"

    15. Re:Dan is... odd by shutdown+-p+now · · Score: 1

      So kind of like an EULA you only get to read after purchasing a product?

      Except, of course, it's published on his website, so you can read it before emailing him.

    16. Re:Dan is... odd by MBCook · · Score: 2, Interesting

      Like I said, I hate spam. I get hundreds of pieces a day, and I wasn't for CAN-SPAM (since it legitimized it). I think all email should be opt-in. But Dan's little agreement seems like you suing me if I sent you a letter from my business because I didn't take the time to go read a note posted on his door I didn't know about. It seems like trap, and a somewhat unfair one.

      I just worry is method is too heavy handed. What if I send him a question (about something else, totally not business related) and he decides that the "I work for Joe Bob Web Services, ask us about our XMas Special" in my signature makes my message count as commercial solicitation and decides to sue me? He's a lawyer, that's all he does. Just to go to court (in California) to get it dismissed would cost me a fortune.

      When I first heard of Dan, I was like a lot of people here. "Good for him, he's doing something to stop spam." The more I learned, the less sure I am that his little "EULA" is a good way to go about it.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    17. Re:Dan is... odd by Anonymous Coward · · Score: 0

      I just was too lazy to login. I don't care who knows I own the domain. I sent him an email with my real name from his domain. It seems like the wording of his EULA leaves some major loopholes in a number of places such as buying/selling emails, but especially in the area of emails from and to any email address "including danbalsam.com".

    18. Re:Dan is... odd by MBCook · · Score: 1

      Yeah, that's my big problem. If he auto-responded with a copy of the terms and "By continuing to send me email you agree to them" that would be much better.

      I like the idea of suing the people who's products are being advertised, but since so much spam is a fake scam, suing Apple because someone is offering a free iPod (or Pfizer because of "cheep V1agR4") doesn't seem like it would accomplish much. Actual cases where the companyis the advertiser are much more rare.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    19. Re:Dan is... odd by Loconut1389 · · Score: 3, Interesting

      Replying to self, logged in now.

      More specifically my idea was-

      He says:

      " Unless Dan Balsam or someone else with an email address including “danbalsam.com” "

      which i now have, since my email includes danbalsam.com in it. (someuser@iamdanbalsam.com).

      " has specifically opted in to receive commercial email from you, you understand and agree that neither Dan Balsam nor anyone else with an email address including “danbalsam.com” has ever requested any commercial communication from you, and that any commercial email you send that includes “danbalsam.com” in the To, Cc, or Bcc fields that fits these criteria is against the express wishes of the recipient(s)." "

      I specifically opted-in myself in as someone with an email address including "danbalsam.com".

    20. Re:Dan is... odd by vux984 · · Score: 1

      Luckily, all persons, businesses, and other entities that receive any unsolicited commercial email from any email address containing any of my domains also voluntarily enter a contract with me as described herein:

      0 : You retroactively agree to exempt said communication from any retroactive Terms and Conditions you would normally seek to apply.

    21. Re:Dan is... odd by Anonymous Coward · · Score: 0

      Prior art. Me and my homeboys came up with this in the lunchroom back in middle school. Around 1998 or so. One of us actually posted a very similar contract, but nobody took any of it seriously because we were underage. Go figure.

      I'm glad to see it actually does work, I'm sure somebody owes me a dollar...

    22. Re:Dan is... odd by Sir_Lewk · · Score: 1

      The only reason you would ever run foul of this is if you were sending out unsolicited commercial email... SPAM!

      In that case, fuck you. I have no sympathy.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    23. Re:Dan is... odd by Anonymous Coward · · Score: 0

      I just worry is method is too heavy handed. What if I send him a question (about something else, totally not business related) and he decides that the "I work for Joe Bob Web Services, ask us about our XMas Special" in my signature makes my message count as commercial solicitation and decides to sue me? He's a lawyer, that's all he does.

      If he does that often enough, on grounds as shoddy as the ones you hypothesize, he gets disbarred and/or deemed a vexatious litigant.

      If he's smart enough to only sue spammers, then he doesn't have to worry about that problem, because he won't sue over a .signature. And you don't have to worry about getting sued by him.

      Either way, it's a self-correcting problem.

      Just to go to court (in California) to get it dismissed would cost me a fortune.

      Naw, that's just the cost of doing business. You know, just like the time our sysadmin spends adminning the dedicated Ironport server, the cost to license the software, the cost of the hardware itself, the space it takes up in the rack, and the cost of the electricity it consumes.

    24. Re:Dan is... odd by Anonymous Coward · · Score: 0

      $25,000.00 fee for reading and responding appropriately.

      He must have some mighty hourly billings to claim the amount.

    25. Re:Dan is... odd by xenobyte · · Score: 1

      That contract only applies to COMMERCIAL emails. You can email Dan as much as you like as long as the emails are non-commercial in nature, but there's no reason to send him commercial emails because - well, he doesn't want any. That really cannot be hard to understand?!

      How hard can it be to limit your emails to people having opted-in to receiving those? - That's really all he's asking for.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    26. Re:Dan is... odd by 1u3hr · · Score: 1
      Here is what you agree to by sending him email

      Bollocks, completely unenforcible. I bet he's never had anyone pay any of these "agreed" fees, and never taken anyone to court to claim them. It's just a longwinded way to say "Piss off spammers".

    27. Re:Dan is... odd by vlueboy · · Score: 1

      It is like when you get one of those automated phone calls with a recorded message. You can't just talk back to the message and legally say that you have informed the phone spammer of your conditions.

      Ahhhh! US lawyer culture...
      A local sCammer used a fake name under *my* phone# and we've been in the sights of a few collection agencies.* A recent agency has the guts to leave repeated voicemails with robo-messages stating that "This message is for $fake_name. By listening to this message you certify that you are $fake_name... If you are not $fake_name, hang up now. There will now be a 3-second pause." Only after that, do they give callback info for $fake_name to make ammends. But this bold pretense is offensive.

      "Certifications" and "certificates" aren't ad-hoc things like they think --ask the CompTIA, CISCO, Microsoft, Red Hat, US blah-grade seal of approval people why I can't just declare myself certified. Further, lawyer certification processes require witnesses, actual proof, lawyers, rubber stamps and a bunch of cash. Wasting my digital "cassette tape" and acting like I'm bound to "obey" some robotic order to certify because it's legalese is wishful thinking, and just as deceiving as the scammer that got them into finding my number.

      Some searching while I was doing comment "Preview" shows that the robomessage exists in a few variation. I think ours is meant to sound threatening; what they apparently are trying to say is "for your privacy we're allowing time to turn down the volume of your speakerphone if someone's around"

      Collection agencies' new robocallers are interactive and when I answers sometimes offer automated "opt-out" buttons (HA!). Same as with illegal spammers, those seem to never work, plus their live customer service fails to truly de-list you after we clarify we're not the scammer. The same agencies reappear after a few months. You'd think their lawyers would warn'em against this bold disregard for people erroneously AND illegally bothered with their mistargetted soliciting. These companies are more legal than spammers, but very dirty regardless. They love playing with the useless CallID technology and trying to trick their targets into implicating themselves as a false negative in hiding.

      * They're looking for a ghost with unpaid bills. But this is not the point.

    28. Re:Dan is... odd by Asic+Eng · · Score: 2
      However, as we are persons thus far unknown to you, in a country thus far unknown

      So what? He makes a comfortable living from the people he can easily catch. It doesn't matter to him if he doesn't catch everybody. Besides, for a sales-based spam you need some way to get money to someone, some way to order something, some way to get something shipped to you. All of these are traceable - it doesn't matter if you can't trace the PC the mail was sent from.

    29. Re:Dan is... odd by Anonymous Coward · · Score: 0

      Dear Dan

      By accepting*(1) this unsolicited commercial email, you are agreeing to the following terms.
      - You will present, upon the first day of each calendar month, a suitcase containing $1million USD on my living room couch.
      - Failure to do so will result in the immediate forfeiture of any and ALL assests and property. Any debts or financial burden attached to said property or assets will remain the sole responsibility of Dan to pay.
      - You shall also have each of the first 5 people you see in public donate all their possessions and goods to me.
      - You are required to deliver at least 10 women, between the ages of 18 and 25, to my home each week. All must have a BMI within "healthy" ranges, and be physically fit. Exceptions will only be made for unusually large breasts, but they must be natural in order to qualify. All women delivered must be ready and willing to engage in any and all forms of sex as requested by me.
      - You will do the dishes, take out the trash, and give my mom a sponge bath, daily.

      *(1) accepting shall be considered to be a completed session in which this email is transmitted to your mail server. This acceptance will be considered valid even in the event the message is not retrieved, viewed, or otherwise accessed from the server itself. If you do not agree to such terms, then your mail server must reject this email as confirmation of your decision to opt-out- receipt shall be considered your digital signature validating your decision to opt-in.

    30. Re:Dan is... odd by Asic+Eng · · Score: 1
      I wonder if I would get a bill? After all it would be an unsolicited commercial email.

      I don't think so. From his website:

      [...] our federal government passed the CAN-SPAM Act of 2003, which [...] attempts to pre-empt the state laws [...]. But, there is an exception to preemption. CAN-SPAM does not pre-empt anti-spam state laws that prohibit falsity & deception, [...] and so I continue to file lawsuits.

      So looks like you would need to be deceptive (or falsify the headers or something like that) in order to get the bill.

    31. Re:Dan is... odd by LingNoi · · Score: 2

      Both you and Opportunist with you're lame "what if" situations completely ignore that the emails are commercial spam. He's not suing legit email.

      When that happens wake me up otherwise your lame "what if"'s are over complicated nonsense.

    32. Re:Dan is... odd by LingNoi · · Score: 1

      The contract probably isn't at all valid. What is valid is that he is suing companies over breaking spamming laws. He probably only has it as extra legal padding.

    33. Re:Dan is... odd by Patch86 · · Score: 1

      Last I checked, reading a website is not prerequisite to sending emails- the web and email are completely unrelated. You can get hold of this guys email without even knowing he has a website.

      If someone says "send me an email to name@domain.com", how many people do you think would try typing "www.domain.com" into their browser first, before mailing, just on the off chance?

      By comparison, EULAs that pop-up during software installation are infinitely more defensible. And that's saying something.

    34. Re:Dan is... odd by realityimpaired · · Score: 0

      How do you know you didn't opt in for spam. Do you read the privacy policy for every website you ever sign up for? Do you know who their "affiliates" are, or what their purposes are?

      A lot of the people claiming that they never signed up for spam actually did sign up for it, by not reading everything they were consenting to when they used their e-mail address to sign up for the site. I have two e-mail addresses for exactly that purpose... one which I use for real communication, and which has not received a noticeable amount of spam in nearly 10 years, and the other, which I use for signups to websites, which doesn't even get read unless I'm expecting an e-mail from a website. (not counting work and other e-mail addresses).

      The solution to the spam problem isn't a bunch of lawsuits against spammers, it's people actually being educated about what their e-mail address is being used for, and actually *reading* terms of service and privacy policies rather than clicking through them. If enough people were to actually be intelligent about how they use their e-mail addresses, then spam wouldn't be a profitable venture, because it would never reach the real inboxes of people.

    35. Re:Dan is... odd by realityimpaired · · Score: 1

      I had somebody try that with my cell phone number. I called the collection agency, informed them that they had bad contact info, and that if they continued to call my cellular phone number, I would sue them for my time, my airtime, and my legal fees, plus damages for harrassment.

      They haven't called my cell phone since.

    36. Re:Dan is... odd by realityimpaired · · Score: 0

      A lot of people opt in without realizing they're opting in, by clicking that little check box "I agree to the terms and conditions, and have read the privacy policy" when they sign up for some website.

      If they do that without having actually read the T&C or the privacy policy, then it's their own damned fault they get spam.

    37. Re:Dan is... odd by ESarge · · Score: 1

      Here is what you agree to by sending him email (not that you would know it at the time):

      IANAL but I studied 1 contract law paper at University.

      You can't agree to something without having seen it first. The contract above would only hold for the second and subsequent emails you send him.

      Contract law requires that there be an offer from one party which is accepted by the other party. The terms above would be the offer but the other party has to see the offer before they can accept it. Otherwise there can be no meeting of minds.

    38. Re:Dan is... odd by HiThere · · Score: 2

      Reality impaired is a good name for you. As you slide over, there's no way to determine who the affiliates are. So to claim that you authorized those (previously) unknown people to spam you is ... peculiar. It's at most legally true, and not true in any ethical, moral, or sensible way.

      Then there's the matter of reading all the agreements on the web sites that you have signed up at. This is, frankly, impossible. They change those things without notice to those who have previously agreed to them, and there's commonly a phrase in there that claims that it's YOUR responsibility to keep yourself informed. Clearly an impossible chore. And intentionally so.

      I don't believe that those agreements are legally valid, particularly since there is no way for you to prove that you didn't agree to something that someone falsely claims you agreed to. IANAL, so my opinion on this doesn't carry much weight, but *I* am certainly not going to accept that I am responsible for something that I don't believe I agreed to. And someone showing me a web page that they claim is the agreement isn't likely to convince me. I know how quickly those can be changed. (They could change them to whatever they choose for 10 seconds every midnight. Do what they are now authorized to do. And then change it back. I'd never know.)

      This is, however, why I prefer to only agree to licenses that I trust. Like the GPL. But this doesn't mean I'm going to believe that it's just to hold people trapped by the above described shenanigans to those agreements. People have limited amounts of time and limited fields of understanding. This is true of everyone. Requiring that everyone be an expert in some particular field is grossly unjust.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    39. Re:Dan is... odd by digit1001 · · Score: 1

      For me, the problem is exactly what you've mentioned at the end of your reply... there's no trustworthy way to opt out often. There's a business opportunity waiting to happen for an org that could become the BB of online solicitation.... you register with them before sending out messages and when the message arrives it says "Do you want to remain on this list Yes/No" all "No" would be forwarded back to sender, failure to remove would ban them from using the service. I really don't mind getting ONE email from a company that may have something to offer that I like... I do a lot of cycling. If a new company selling parts contacts me ONCE saying, "we have these deals" I view it the same as I do a person handing our fliers when I walk to work. If I say, "no thanks", no harm done. If they follow me down the street and stick it in my face... different story. I know the analogy isn't exactly the same b/c of bandwidth, yada yada yada. The reality is I any of us got one or two of these once in a while we wouldn't even react to it. It's the sheer volume of complete bullshit that's made this an issue IMO.

    40. Re:Dan is... odd by Anonymous Coward · · Score: 0

      Tough shit. If you don't like the terms that you must agree to spam him with his permission, then don't spam him. Do you think you own his in-box or something?

    41. Re:Dan is... odd by Have+Brain+Will+Rent · · Score: 1

      I totally agree - what the frick gives anybody the right to send me solicitations that I then have to waste resources on to identify? This should apply to snail mail spam too. And it is certainly made worse by the spammer taking deliberate action to circumvent measures specifically designed to prevent or lessen the impact of spam on your time and resources - that should put it into the realm of criminal harassment.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    42. Re:Dan is... odd by hedwards · · Score: 1

      I agree, on the upside though, a lot of this, cartoonish as it seems, is common practice amongst many businesses. We reserve the right to change our terms and will assume that you're agreeing to them if we don't hear from you within a certain period when we change them.

      With any luck, perhaps that contract will be thrown out along with all the other ones that rely upon that sort of gibberish.

    43. Re:Dan is... odd by shutdown+-p+now · · Score: 1

      Note how TFA mentions that he has over 100 email addresses, probably randomly generated to fit the pattern described in the "license". It's all one big honeypot - those addresses are likely not published anywhere but on the website, so anyone spamming them would have to read the webpage (or operate a scraper which "reads" it). Or get them from someone who did read the webpage.

    44. Re:Dan is... odd by hedwards · · Score: 1

      Which makes me wonder how long it is until we get a complete revamp of the system. I regularly get messages from companies I do business with notifying me that they're changing the terms and that the only way to reject the change is by canceling my account.

      Seems to me that unless they can demonstrate that I saw the notification and agreed that they shouldn't be able to change the ToS for me.

    45. Re:Dan is... odd by Quirkz · · Score: 1

      So, now what? Are you going to send him commercial spam and wait for him to sue you? Then what? Is your plan to have a good chuckle over the semantic trick you pulled on him, or are you looking to countersue, or what? Or just worth the $9 to make a joke here for us? Not really sure what you're going after.

    46. Re:Dan is... odd by Anonymous Coward · · Score: 0

      I am going to send him an email asking if he would license me that contract to use for my own domain.

      I wonder if I would get a bill? After all it would be an unsolicited commercial email.

      Just copy it verbatim, then sue him when either he, or his representative tries to collect.

    47. Re:Dan is... odd by vlueboy · · Score: 1

      Thanks. I'll keep that wording in mind for the next "outburst" of this disease.

    48. Re:Dan is... odd by osgeek · · Score: 1

      Unsolicited email with an opt-out is still spam. Not spamming is the only ethical behavior that businesses can pursue.

  6. Re:You'd think TFA could at least get English righ by poena.dare · · Score: 1

    I don't know, "wield" has such a heavy sound, man.

  7. Re:You'd think TFA could at least get English righ by MarkvW · · Score: 1

    Anybody can do what this guy is doing. It's not particularly hard.

    Note that the spammers are settling with him!

  8. It is just another way to attack spam. by www.sorehands.com · · Score: 3, Interesting

    It used to be, not as much now, that spammers would scrape web sites to obtain e-mail addresses to spam to.

    Terms of use are many times enforceable as a contract.

    The simple thing is NOT to SPAM!

    Just because the DMA bribed enough congress people to get a law passed to allow it in the USA, specifically to override the California ban on the law, does not mean that it is wanted.

    There is more to comply then providing an opt-out link.

    1. Re:It is just another way to attack spam. by Opportunist · · Score: 3, Interesting

      All true, all true. But this opens a door for the legal trolls that would be worse than all the spam of the world combined.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:It is just another way to attack spam. by Daniel+Dvorkin · · Score: 1

      But this opens a door for the legal trolls that would be worse than all the spam of the world combined.

      The terms laid out seem entirely reasonable to me, and I've certainly never sent an e-mail that would violate them. It's true, I suppose, that a troll could set up a website with insane terms buried on the site somewhere ("If you send the owner of this site e-mail for any reason, you agree to pay $1,000,000 per byte") but the solution to that problem would be either not to e-mail any of the listed addresses, or sue the site owner for ... oh, hell, I don't know, something that a good lawyer could no doubt come up with. Some kind of fraud, I'm guessing.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:It is just another way to attack spam. by Opportunist · · Score: 1

      The point is that you didn't even WANT to send them a mail. You made a typo and it ended there.

      Example:

      You (or let's make it a MBA, just to increase the chance of a computer related fuckup) receive a business card from a new business partner telling you to send him your offer to dan@somecompany.com. You send it to dan@sonecompany.com. Because you made a typo when copying the name from the business card.

      sonecompany.com belongs to our law troll and you receive a mail telling you that you just implicitly agreed to the terms above and you (or your company, rather) owe him now 25k bucks.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:It is just another way to attack spam. by rcw-home · · Score: 2

      Or just send a contract of your own via the EHLO string when your mail server connects to his to deliver the message. It's equally unenforceable, but it might get him to see the point if he feels like pressing the issue.

    5. Re:It is just another way to attack spam. by realityimpaired · · Score: 1

      The thing is, if he goes around using his e-mail address on websites to register without reading the privacy policy, then he's actively trolling them. Most privacy policies have a line like "you agree to allow this website and its affiliates to contact you regarding special product offers". Yes, they should have unsubscribe links, but if they do have legitimate unsubscribe links, then the e-mail may not necessarily be unsolicited.

      There's a piece of the story that is missing, and that's what he's doing with his e-mail addresses. There's got to be something he's doing to actually be *receiving* the spam, because dictionary attacks against a domain are long gone: One of the addresses I have (the one I actually *use*) is almost 10 years old, now, and has received maybe 2 spam messages in the last 5 years.

    6. Re:It is just another way to attack spam. by www.sorehands.com · · Score: 2

      Actually, dictionary attacks are still alive.

      Even so, there are a few things that you forget:

      1. Spammers will add to lists and sell it, whether the policy says it would or not.

      2. It is still spam, unless you specifically ask for it.

      3. The law says that unless they name the "affiliate" then it is not permission.

      4. Many don't say "web site and affiliates," but say "partners". In spammer speak, a partner is anyone they sell a list to. In English a partner is someone they have close ties with.

      5. I have e-mailed certain companies that hire spammers telling them to stop spamming and provide the information on the spammer, but I start getting spam to the unique e-mail address that I used in the from line.

      6. Just because you buy my e-mail address, it does not give you permission to send advertising. If I know someone who slept with Olivia Wilde, does that mean I automatically get permission to sleep with her?

      7. And most importantly, he is suing for spam that has deceptive headers and subject lines. No legitimate business should be using deceptive e-mails. What legitimate business hides their identity?

    7. Re:It is just another way to attack spam. by osgeek · · Score: 1

      Really? I'd think that the pendulum has a really long way to swing before anti-spam legal trolls reach the destructive level of spammers.

    8. Re:It is just another way to attack spam. by Opportunist · · Score: 1

      You're dealing with lawyers here. They give the pendulum quite a bit of a push if they see money in it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. spam is just an example of e-Marketing by Anonymous Coward · · Score: 0, Interesting

    Spam is just one of many intrusive and privacy-defeating marketing and revenue-generating practices established during the Internet era.

    How about when you visit a site and are greeted by ads that target your past buying and/or surfing behavior? How about a search engine that can instantly summon the date of birth, job history, income, present and past street addresses, phone numbers, and other details given a person's name? How about "slambook" sites that allow people to anonomously post comments about teachers or fellow students? Some would say that such practices are all protected by the laws governing free speech, etc. Then why isn't spam protected under the same principle?

    1. Re:spam is just an example of e-Marketing by Opportunist · · Score: 5, Insightful

      Because it's using my resources to "speak" without asking me first.

      The first amendment does not require me to hold your protest rally in my garden. I may do it, provided I support your case or at least don't care, but the 1st does not require me to surrender my property or my rights to something (in this case, the storage space on a server that I have the right to use) to let someone execute his 1st amendment right.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:spam is just an example of e-Marketing by Skapare · · Score: 2

      The right to free speech gives you the right to publish your own newspaper, for example. In modern terms, it gives you the right to have your own website. What that right does not do is extend to the taking of property belonging to others to achieve the free speech. You cannot, for example, steal, or demand free usage of, my printing press. Likewise, you cannot demand free use of my web site to do your free speech.

      Free speech is not free beer.

      So how does this apply to email? Simple. Email functions by using the resources of BOTH the sender and recipient. And it uses more resources of the recipient than the of the sender. The speech part of the spam is what is in question. The real issue is theft of resources belonging to a recipient that did not want to share those resources for this communication.

      Basically, the point that needs to get across to people wanting to do marketing is to pay for all the resources used to carry out that marketing. Paying web sites for ad impressions, or paying TV stations for air time, or paying newspapers for ad space, is how this is done. We have tolerated things like postal ads because the cost for the recipient is not that much, because the cost for the sender, being high, manages to limit the amounts. Telephone advertising (e.g. telemarketing), changes that to make it more costly to the recipient. And with the internet, it gets even worse, especially for email, due to the extreme automation spammers can do.

      We SHOULD be able to use existing laws against spam. The trouble with that is, it is still hard for judges (and Congress people) to understand enough of the technology to understand that email spam is just as much a theft of resources as is a distributed denial of service attack. Spam is a denial of service. It should be treated as such. The content (the speech part), is immaterial.

      --
      now we need to go OSS in diesel cars
    3. Re:spam is just an example of e-Marketing by Anonymous Coward · · Score: 0

      the 1st does not require me to surrender my property or my rights to something (in this case, the storage space on a server that I have the right to use) to let someone execute his 1st amendment right.

      Well not when you phrase it that way. You don't have to store the message on your server. You are free to bounce it, "black hole" it, etc. By having a publicly-accessible mail server, aren't you implicitly allowing emails from anywhere just as you allow visitors from anywhere on a public web server?

    4. Re:spam is just an example of e-Marketing by Opportunist · · Score: 1

      The bottom line is still that you are using my resources to practice free speech. Even if it's just my time, needed to push your spam mail towards /dev/null.

      Having a "publicly accessible" mail server (I guess you mean one that "anyone" may send mail to, rather than one that can be (ab)used as anyone sees fit) doesn't allow anyone to fill it with virtual garbage any more than a "publicly accessible" front lawn that I didn't bother to fence in with any more than entirely necessary to mark it as mine allows anyone to dump garbage there.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:spam is just an example of e-Marketing by Anonymous Coward · · Score: 0

      "in this case, the storage space on a server that I have the right to use"

      so... what exactly are you losing out on? it sounds like you don't own the server your email server (yet have the right to use..??? so everything I have a right to use, like the sidewalks, I should have a say who uses them? like those people trying to talk to me or hand me an advertisement when i walk down it.).... yet you use email, which relies on many peoples servers and networks around the world... which your email resides on while in transit to its recipients.... the price: some junk mail, which usually i can filter out. sounds like a pretty good deal to me.

    6. Re:spam is just an example of e-Marketing by Opportunist · · Score: 1

      You can discriminate between public and private property, yes? The sidewalk from your example are not at my sole disposal, I may use it, but I do not have the exclusive right to use it. Maybe I should have added "exclusive". And usually the paying party gets the exclusive right to use an email address and the associated storage space.

      The sidewalk would be a good parallel for all the routers and servers on the mail's way from sender to recipient, just as the sidewalk can be used to get from point A to point B. But unless A or B are public spaces, the owner (or rather, the rightful user, like, say, in a rented apartment) of said spaces gets to say who may go there (and hence use that space) or not.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Spam still makes it through the filters? by betterunixthanunix · · Score: 1

    I rarely see a spam message make it through the filters these days. I think this guy is a bit late to the game...

    --
    Palm trees and 8
    1. Re:Spam still makes it through the filters? by flimflammer · · Score: 1

      Considering he's already made a million, I'd say you're wrong.

      And why should filters have any relevance here? Are you saying you prefer the way things are where filters are necessary to find any usefulness in email?

    2. Re:Spam still makes it through the filters? by jfengel · · Score: 4, Interesting

      Well, this guy is making a living out of it. He's seeking spammers, at least the kinds of spammers he can figure out where to send a subpoena.

      Unfortunately, those seem to be the comparatively benign spammers. Oh, they're still spammers and I wouldn't shed a single tear if any of them had their faces eaten off by wild dogs. But at least from the article, this isn't the Nigerian princes, or Russians trying to sell you v1@gra. It's the companies who really should be complying with the CAN-SPAM laws so that they "can spam" you. (And the kind that's REALLY easy to filter.)

      They're not filling your in-box with millions of spams. That's the other guys, and as far as I can tell this guy isn't doing squat about them. Work for somebody else, but it means that this guy is less interesting than he might appear from a cursory summary.

    3. Re:Spam still makes it through the filters? by Mathinker · · Score: 1

      > this isn't the Nigerian princes, or Russians trying to sell you v1@gra

      That would seem to be a smart, if cowardly, business plan. I'd guess that if any one person would become too much of a financial burden on the foreign spammer community, there would be a significant chance they would put out a contract on his life.

    4. Re:Spam still makes it through the filters? by betterunixthanunix · · Score: 1

      I am saying that I would not rely on legislation or mass lawsuits to solve the spam problem. Do you think botnet operators care about lawsuits? Do you think overseas spammers care about US laws?

      --
      Palm trees and 8
    5. Re:Spam still makes it through the filters? by jfengel · · Score: 2

      The real problem is that it's not a very profitable plan. Suing viable American companies in an American court means a tolerable chance of actually getting some money out of it. Where would you sue the Russian Mafia? How would you collect if you won?

      They'd save the price of a hit man by simply ignoring you.

    6. Re:Spam still makes it through the filters? by Mathinker · · Score: 1

      I was thinking that he would do the research to find American companies which end up getting (part of) the money the dumb jerks are paying, who actually buy the stuff advertised by the spam (assuming that the anti-spam laws forbid such contributory behavior).

  11. Domestic Companies by improfane · · Score: 2

    You can't sue a foreign spammer but you can sure as hell spam the domestic company who pays them. Knowingly or not, that should be regarded as breaking the law.

    Go after the domestics Mr Dan!

    Judging from what happened to Blue Security though, I would be concerned for my safety if the spam cartel unifies against him.

    --
    Slashdot needs Geekcode | Can anyone recommend any good SCIFI? My tastes: Foundation, Startide Rising, CITY, Ringworld,
  12. Poetic justice by improfane · · Score: 3, Funny

    Oops, spam must be on the mind. That should read "you can sure as hell sue the domestic company who pays them".

    Although it would it would be funny if every employee of a company that pays a spammer receives a clogged inbox of real spam as part of the settlement. That would be wonderful. I mean, if everybody is reading or filtering spam emails, they company will surely go bust!

    --
    Slashdot needs Geekcode | Can anyone recommend any good SCIFI? My tastes: Foundation, Startide Rising, CITY, Ringworld,
  13. Don't Waste Your Time by damn_registrars · · Score: 1, Insightful

    There is almost no realistic chance of this turning out to anything useful. The spammers you want to go after are in countries where US laws and verdicts have no jurisdiction. You might as well try to shout at your inbox as an anti-spam measure, it would be just as useful.

    If you want to actually make a difference in the spam epidemic, you need to address the underlying cause of spam. You need to accept the fact that spammers are not spamming you to piss you off; rather they are spamming you because they make money doing so.

    In other words, the only way we will ever stop spam is to address the economic issues behind spam.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Don't Waste Your Time by Anonymous Coward · · Score: 0

      So, go after the suckers that buy from spammers? But there's a sucker born every minute!

    2. Re:Don't Waste Your Time by phantomcircuit · · Score: 2

      Your assumptions are flawed. Point of fact the US accounts for fully 80% of spam.http://www.spamhaus.org/statistics/countries.lasso

      But more so you suggest that to stop spam we transfer fully half of our wealth to other countries? good luck with that one.

    3. Re:Don't Waste Your Time by Kjella · · Score: 2

      First off, it's not like there has to be a single solution. I think by far the biggest problem is that if your email is spammed once, it's spammed forever. Everybody knows opt-outs do not work, making such requests will only make your address ten times as spammed. If I were to redo my mail setup, no one would get to know my real inbox. Every address I'd use would be an alias - yahoo will give you 500 of these for free - and every mailing list and every site that requires email for registration would get their own alias. If one of them is spammed to hell I'll delete that alias and it will all bounce, it's the most effective "opt-out" possible. Bots that would scrape public bug trackers, mailing list archives and such would have little effect as I'd update my subscription details and the old address would go dead. It wouldn't stop the spam industry, but it would prevent it from spamming me. I don't think the idiots that pay money for V!AgR4 can be saved...

      --
      Live today, because you never know what tomorrow brings
    4. Re:Don't Waste Your Time by gman003 · · Score: 1

      In other words, the only way we will ever stop spam is to address the economic issues behind spam.

      That's what Mr. Balsam is doing - addressing the economic issues. The problem with spam is that, essentially, it has zero financial risk. You aren't guaranteed to make any money, but the cost is as close to zero as you can get, hence you have very little chance of losing money. Thus, as long as a single moron is stupid enough to buy your product, you end up with a profit.

      By adding a financial burden, ie. litigation, to spam, it becomes possible to end up with a net loss by spamming. One man alone probably isn't enough of a disincentive, but if more people started doing this, it could become a sufficient deterrent to make spam vastly more uncommon.

      Honestly, this is the best method I've seen for "adding a financial cost to spam". Earlier proposals, generally variants of a per-email fee, had two problems: they invariably charged innocent people, and they gave the money to corporations or the government, not the people. At least lawsuits like this give the money to the party that was actually damaged by the spam. It's not a perfect method, but it seems to be the best so far.

    5. Re:Don't Waste Your Time by damn_registrars · · Score: 1

      Point of fact the US accounts for fully 80% of spam.http://www.spamhaus.org/statistics/countries.lasso

      That is not relevant to my point. The money that drives spam comes from all over the world. However, the numbers they use for that page refer to the number of open spam incidents per country, which doesn't have much of anything to do with where the spam is actually coming from or who is funding it; they are looking at where systems are located that are relaying that spam.

      But more so you suggest that to stop spam we transfer fully half of our wealth to other countries? good luck with that one.

      No.

      I have no idea how you came to that utterly disconnected conclusion.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    6. Re:Don't Waste Your Time by damn_registrars · · Score: 1

      So, go after the suckers that buy from spammers? But there's a sucker born every minute!

      No. You need to disconnect the spammers from the people who are funding the spammers. Spammers get paid for sending the spam, regardless of whether or not any product sells as a result.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    7. Re:Don't Waste Your Time by damn_registrars · · Score: 1

      In other words, the only way we will ever stop spam is to address the economic issues behind spam.

      That's what Mr. Balsam is doing - addressing the economic issues.

      By adding a financial burden, ie. litigation, to spam

      The problem with that assumption is that the litigation actually adds zero - or very close to zero - actual cost to spam. This is because of several important factors, not the least being that most spam is run by groups that are not within the jurisdiction of US law. You might as well file a personal lawsuit against Osama Bin Laden while you're at it, the result will be just as relevant.

      If you want to make a difference, you need to go after the companies that are funding the spammers. The spammers, are, after all, largely paid just for the act of spamming, with no direct connection to sales numbers. If the merchants who are funding the spammers found themselves under the (economic) gun with regards to their choice of marketing tools, then you would see spam start to dry up.

      Earlier proposals, generally variants of a per-email fee, had two problems: they invariably charged innocent people, and they gave the money to corporations or the government, not the people

      I agree that those particular types of proposals were rubbish, and I never endorsed any of them as having any merit. The email system that exists right now is not compatible with such a notion anyways.

      At least lawsuits like this give the money to the party that was actually damaged by the spam

      That statement assumes that actual money will be made in the process. Which is, in actuality, a pipe dream. No spammers of any significance will be caught in this effort, no matter how good it sounds. The final revenue from the matter will be dwarfed by the legal fees anyways, so unless you feel that the attorneys were "damaged by the spam" (ironic notion considering the origin of the oldest known piece of email spam), nobody will actually benefit anyways.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    8. Re:Don't Waste Your Time by Anonymous Coward · · Score: 0

      I don't mind people with bad spelling and/or grammar losing their ability to send me mail. If something isn't at least 95% proper English by character, I don't want to see it. I don't care who it's from. I just don't want it. Secondly, I don't know anyone outside of the US and EU. If no one in Africa can send me email, ever, I'm good with that. Also, if someone thinks their communication is worth my time, I want to know who they are. I don't really want people to even be able to contact me anonymously. If they don't have a valid physical address registered with their email, I don't care to receive their mail-- although that may be a tad impractical right now.

      I don't see why this has to be so complicated. There may be a difference between spam and mail that just sucks, but it's not one I care about.

    9. Re:Don't Waste Your Time by damn_registrars · · Score: 2

      I don't really want people to even be able to contact me anonymously

      That may be the most ironic piece of writing I have ever seen here from an AC.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    10. Re:Don't Waste Your Time by DaMattster · · Score: 1

      Or you fight back with a little more creativity using spamd Nothing stops spam like sending the spam spew to a grinding halt (or even crashing it) by setting your TCP receive window to a value of 1 based on known spammer IP addresses. It is a highly elegant solution. I've deployed it within the family business and we went from thousands of spam messages per day to maybe 2 per week without the headaches of heuristic filtering.

    11. Re:Don't Waste Your Time by gman003 · · Score: 1
      A few final counter-counter-counter-arguments:
      1. Yes, many groups outside the US send spam. However, stopping American-based spammers would be beneficial, even though it is not a complete stop to spam.
      2. For the record, there actually is/was a lawsuit against bin Laden, filed by (IIRC) the pilot's and aircrew union. I have no idea what the status of it is.
      3. This man is suing the people being advertised. He isn't suing the intermediaries - there's no effective way to figure out who they are without police resources. So he is, in fact, going after the funding companies.
      4. Well, Mr. Balsam is making a living off of these lawsuits. So he's apparently living your "pipe dream".
      5. Small Claims court is a much more painless and quicker process than a full court. Quite often, cases take only a few hours, although these might take an afternoon. And, since he's representing himself, he doesn't have any legal fees.
    12. Re:Don't Waste Your Time by dangitman · · Score: 1

      That's what Mr. Balsam is doing - addressing the economic issues.

      I don't think so. The economic issue is that you want your penis enlarged. Don't you?

      As long as people want their penises larger, spam will continue, and efforts like this are just talking around the issue. The issue being that you want your penis enlarged.

      --
      ... and then they built the supercollider.
    13. Re:Don't Waste Your Time by bloodhawk · · Score: 1

      Your actually wrong, most of the worlds spam originates in western countries that are most definitely accessible via the courts as can be seen by some of the largest spammers recently being hauled befor ethe courts, While yes you need to address the root cause which is money you still need to stomp hard on the bastard spammers that are facilitating this bastardy.

    14. Re:Don't Waste Your Time by Peeteriz · · Score: 1

      Addressing economic issues behind spam can be done by ensuring that companies that use spam in their advertising pay more in fines than they could earn by the sales of their products.

      A large part of the spammers are actually in the US - see any statistics on spam origins. Most of the spam wants to get your money, so they sell and deliver stuff in US, so they are quite vulnerable to US jurisdiction, as the court verdicts would apply to their money and stuff passed through US. Dan's methods won't work against internet fraud, phishing and "Nigerian" scams, that's what criminal law is for, but Dan's approach would work just fine against commercial spam, which seems to dominate if I look at my gmail's spam folder.

    15. Re:Don't Waste Your Time by Anonymous Coward · · Score: 0

      Actually the only way to really get rid of spam is to literary kill the spammers. Nothing is worth dying for, not even the obscene profits some spammers are able to get from spam.

    16. Re:Don't Waste Your Time by Anonymous Coward · · Score: 1

      Opt-outs work fine if the email is legit.

      The problem is that there is no commonly accepted definition of what exactly counts as "spam" anymore. Originally it simply meant a flood of emails, but has evolved to include perfectly legitimate messages. For example, it's common to hear people complain that "My mother always spams my mailbox with chain letters and lame jokes" or "My cell phone has been getting spammed with text messages all day long" or "I was playing a First Person Shooter, this guy came into the room and started Spamming rockets and grenades everywhere".

      Spam is one of two things (at least as far as the LAW should be concerned)
      1. Malicious emails, as in emails containing viruses or links to malicious sites, emails which have been tampered with to hide the origin, etc. In other words, not a legitimate email.
      2. A Flood of email. Most of the time it's the same message duplicated multiple times, but can be any sudden influx of email from a common source.

      The problem with trying to get involved with "commercial" email is that the Public will abuse the anti-spam systems & try to use it as an email filtering mechanism. Anti-spam systems are NOT there to manage your email for you- do that on your own. If you don't want ads, newsletters, solicitations then don't give your email out.
      I can support requiring a working opt-out link for commercial emails in terms of automatic distribution mechanisms, but as long as it's being sourced on an individual basis and is a legitimate email, I don't think there should be any LEGAL reason to restrict that.

  14. from The Fine Article by Anonymous Coward · · Score: 0

    My favorite quote from the article (yeah, I read it):

    Still, Balsam settles enough lawsuits and collects enough from judgments to make a living. He has racked up well in excess of $1 million in court judgments and lawsuit settlements with companies accused of sending illegal [sic] spam.

    So where can I get my fix my fix of legal spam? Maybe I should wait for election season...

  15. Not unlimited by sco08y · · Score: 1

    FTFS: "unlimited consumer lawsuits from unlimited plaintiffs"

    Au contraire. You can limit the lawsuits by limiting the amount of spam you send.

  16. What I See.. ;) by tetrahedrassface · · Score: 1

    What he provides is a DYO template...

    1. Re:What I See.. ;) by bluefoxlucid · · Score: 1

      Hopefully a bunch of lawyers band together to SLAY the golden goose...

  17. No, this is just as bad as spam. by abolitiontheory · · Score: 1

    This story just emphasizes that litigation doesn't solve anything. How is this 'crusade' actually helping reduce the kind of really atrocious spam that consumes untold CPU cycles, internet bandwidth, and user time? I can't believe that these companies, "large and small," that are actually reachable, are the really troublesome spammers, and not just some more or less well-meaning people who didn't perfectly adhere to CAN-SPAM regulations. So, he's essentially extorting from legitimate companies and groups, rather than doing anything that reduces truly destructive and troublesome spam.

    This guy seems like a lawyer's lawyer. He's getting paid by the law without having to actually represent anyone but himself.

    1. Re:No, this is just as bad as spam. by Anonymous Coward · · Score: 0

      What do you propose instead?

      This guy is a lawyer and he is funding his own fight to get rid of SPAM, being paid by the person doing the spamming. The lawyers you should be pissed at are the ones who argue that they have a right to do it... They are being paid the people not even bothering to comply with the week CAN-Spam act.

    2. Re:No, this is just as bad as spam. by Anonymous Coward · · Score: 0

      There is no such thing as legitimate spamming. Your observation is akin to a complaint that prosecuting burglars isn't helping lock up rapists.

    3. Re:No, this is just as bad as spam. by LingNoi · · Score: 1

      These are NOT legitimate companies. They make their sales via spam. Get rid of the companies, get rid of the money, get rid of the spam.

  18. What a great part-time career opportunity! by Stormbringer · · Score: 1

    I'm surprised I didn't hear about this via email direct marketing!

  19. The Doctor says! by Sporkinum · · Score: 1, Funny

    UNLIMITED RICE PUDDING!

    --
    "He's lost in a 'floyd hole"
    1. Re:The Doctor says! by Regnad2k7 · · Score: 0

      you said it, br'er

  20. passing on the cost by Anonymous Coward · · Score: 4, Funny

    The spammers just pass this cost on by raising the price of penis enlargement pills. As always, it's the little guy who pays in the end.

  21. They're violating CAN-SPAM when compliance is easy by billstewart · · Score: 2

    It looks like he's especially trying to catch spammers who are doing business in California, since California laws are tougher than the US CAN-SPAM law. But it sounds like he's also catching people who are violating CAN-SPAM, and any US spammer who can't figure out how to comply with that law cheaply and easily while still spamming their way to Making Money Fa$t is too stupid to deserve to stay in business, and yet many of them don't bother. Obviously non-US spammers don't have to comply with US or California laws, but it's much harder to collect money from them so stopping them is Somebody Else's Problem.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  22. Re:You'd think TFA could at least get English righ by Daniel+Dvorkin · · Score: 1, Troll

    A scummy lawyer sueing scummy email company, nothing to see here.

    Please detail exactly how you think the lawyer's actions are scummy. Or are you saying that all lawyers are scummy, just by virtue of being lawyers? In that case, I hope for your sake that you're never sued or accused of a crime, because it might be hard to maintain your self-righteousness when you're relying on those scum to keep you from going bankrupt or to prison.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  23. Putting email addresses on web page solves that by billstewart · · Score: 1

    If he's got the contract on his web pages, and the only way you can find out most of his email addresses you're targeting is by reading his web page, then you're presumed to have read his offer. If you're spamming "dan@danbalsam.com" that may not apply, because that's obvious without looking at his web page, but if you're spamming user34590438509348@danbalsam.com, you got that from his web page.

    And maybe that's not a tough enough legal contract to force you to pay him $1000000 and your first-born child, but it should be plenty solid to get $1000 in small claims court.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:Putting email addresses on web page solves that by Raenex · · Score: 1

      Unless there's a law saying you can't scrape web pages for email addresses, then the message on his web page is legally worth toilet paper. There has to be some kind of due consideration, and you can't expect a computer program to have parsed and understood his terms on behalf of its operator.

  24. A little guy suing? no big deal by Z80a · · Score: 2

    But i want to see when some sort of huge megacorporation decides to do the same thing this guy is doing, using the "common" methods this kind of corporation does.

  25. Re:Calling Sarcasm Bluff by TaoPhoenix · · Score: 1

    Why not?
    Why not use the same tricks as the RIAA to sue the originator of the emails as "does 1-1000".

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  26. delusions by stimpleton · · Score: 1

    I really think this guy is suffering from delusions of grandeur. His "TOS" is not rational. We can dream of such a scheme, much like we sometimes dream of a lotto win. Beyond that, taking it any further into reality, well, thats into the realms of mental illness.

    --

    In post Patriot Act America, the library books scan you.
    1. Re:delusions by shutdown+-p+now · · Score: 3, Insightful

      Well, he's winning those court cases, and earns enough money doing so to make a living, so I'm not sure about delusions.

  27. randomalias@yourdomain.com or you+tag@yourdomain by billstewart · · Score: 2

    The easy half of the game is to have a system for generating lots of aliases - either of the form alias@yourdomain.com (or alias@yourusername.yourisp.net) or yourusername+tag@yourdomain.com are both standard approaches for supporting an infinite number of tagged addresses.

    The difficult problem is getting your email user agent to be friendly about making sure that if you got mail from someone who knows you as alias123@yourdomain.com, your replies to them get sent From: alias123@yourdomain.com, and also making sure that if you're sending one mail message to more than one person (either with a mailing list, or separate To:/Cc:/Bcc:, that something appropriate gets done to send them mail with your different addresses. TMDA automates some of that; not sure if anybody's done Thunderbird bits for anything similar.

    Unfortunately, part of that solution space is patented - Hall's 1999 "Zoemail" patent and a couple of following patents, though Yahoo has argued in court that they don't apply, at least to whatever Yahoo was doing, and that thy were invalid, obvious, annoying, etc.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  28. Re:redo by TaoPhoenix · · Score: 2

    I have that setup already. Problem is they do automated attacks against domains, so eventually they crack through to your real email. Once they score a hit they sell the live address to other people for their lists. The best you can do is keep it at a dull roar.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  29. Re:economic by TaoPhoenix · · Score: 1

    I'm quietly working on that too.
    Right now Spam is a "push" mechanism, of something with negative value.
    I am working on Converter concepts to suddenly turn spam into something with POSITIVE value.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  30. No, he's busting Dumber US Spammers by billstewart · · Score: 2

    Legal solutions aren't going to kill all spamming until we acquire Un-bribe-able World-Wide Pork-Product-Hating Overlords. But a large amount of spam actually does come from US-based spammers, including little guys and big businesses. It's extremely easy to comply with CAN-SPAM if you're not a deliberate spammer - don't send people unsolicited commercial email and you've done your job. It's pretty trivial to comply with it even if you *are* a deliberate spammer, and cheap and easy to set up a $100 shell corporation to limit your financial exposure even if you're a deliberate spammer who doesn't want to comply with the trivial rules. If Dan is making money suing you, then you're a) spamming, b) lazy, and probably c) stupid. If your primary problem is c) stupid, then you deserve to be slapped on the wrist with a couple thousand dollars worth of lawsuit and told to stop annoying people. If you're not stupid, just greedy, then you deserve worse, so I'd recommend spamming him lots of times.

    Not only do legitimate companies and groups not send people unsolicited email, they maintain mailing list systems that let people unsubscribe, so even if they have spammed you, it's easy to unsubscribe once from all of your future email. Of course, most people have learned not to trust unsubscribe-from-spam systems, because that just gives spammers more data, but if you really are legitimate (e.g. you're a newspaper, somebody registers for your online comments system, and then decides you're sending them too much mail) you'll do that. And if you're legitimate and not stupid, you're certainly not going to buy mailing lists of "opt-in addresses" from untrustworthy sources.

    The purpose of the laws that let individual spam victims sue spammers isn't just to let us get recompense for the 5 seconds of time it takes to read through a message that slipped though our spam filters - it's to let large numbers of people take care of the job of prosecuting spammers, since the criminal prosecution system isn't going to bother with the small-timers. The reason for allowing it to be done in small-claims court is to make it much easier for us to to that. And yeah, it does encourage the spamming business to professionalize and let Russian mobsters do the jobs that used to be done by real American workers living in their single-wides chasing "make money fast by spamming" scams, but getting rid of home-grown stupid spammers is an important part of cleaning up the Internet. But it also encourages the anti-spammers to professionalize, and good for them!

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  31. Read it for this quote by Anonymous Coward · · Score: 0

    "He really seems to be trying to twist things for a buck," said Bennet Kelley, a defense lawyer who has become Balsam's arch nemesis over the years in the rough-and-tumble litigation niche that has sprung up around spam.

    The ironing is delicious.

  32. Trolls? by www.sorehands.com · · Score: 1

    That is what they said about the junk fax laws, if you allow people to sue it will create junk fax trolls. I have not seen that, but instead I saw junk faxes become almost extinct.

    1. Re:Trolls? by Opportunist · · Score: 1

      I don't say "outlaw suing". I said make sure that you don't open a bigger can of worms than the one you're closing. Make sure that law trolls can't jump on it and feast on it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Trolls? by BobMcD · · Score: 1

      That is what they said about the junk fax laws, if you allow people to sue it will create junk fax trolls. I have not seen that, but instead I saw junk faxes become almost extinct.

      Right, and I'm sure this had NOTHING to do with the rise of email spam? It was all the 'junk fax laws'? Correlation, my friend.

    3. Re:Trolls? by www.sorehands.com · · Score: 1

      This was in 1993, long before e-mail spam became "popular."

      Correlation is not causation, my friend.

  33. Re:You'd think TFA could at least get English righ by billstewart · · Score: 2

    Whoosh! Dude, you're missing that we're making fun of TFA's author's bad use of the English language here... It's even in the title of your posts :-)

    It used to be easier to track down and collect from spammers a decade ago than it is today, because so much of it has moved to off-shoring and botnets, and spammers have learned to use shell corporations, bogus domain registration information, fly-by-night web hosting services, and other techniques, so the low-hanging fruit is mostly gone. It's especially tough because the easy people to catch are mostly the stupid ones, and they don't usually have a lot of money. Back when people still fell for the "Make Money Fast by Spamming The Internet" scams, usually there were a lot of suckers buying spamming kits, not actually making much money, but it was easier to catch them than the scammers selling the kits. On the other hand, slapping those people on the wrist for a few thousand dollars would usually keep them from getting back in the game..

    If Dan's making money at it, good for him. He's probably catching a somewhat more professional class of spammer, but still stupid enough not to be able to avoid violating the anti-spamming laws or build themselves $100 Delaware Corporations to take the rap for their spamming.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  34. userfriendly.com webcomic version of that by billstewart · · Score: 2

    Userfriendly.com comic from Aug 7, 1999

    Pitr: Am wonderink what is this email

    Email: This is not unsolicited bulk email. Buy me. Blah blah blah
    ...

    Pitr: Zlotniks! Sending me spam! Am fixink their leetle red wagon!
    ...

    Boss: What happened to our email server?

    Worker: It's flooded. And there's an email here that says "This is not a denial of service attack."

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  35. Re:You'd think TFA could at least get English righ by Vegeta99 · · Score: 3, Interesting

    He's scummy because he doesn't do a damn thing. He sets up honeypots, and then sues the spammers, hoping they settle. It's like the pigs buying up a crackhouse and busting everyone that comes in, but never finding the dealer. Legally right? Yes. Morally? No. Only scum go after the low-hanging fruit.

    Any Joe Sixpack moron can go file a lawsuit at small claims court. If he was really interested in making a change, he wouldn't be taking the settlements, he'd be dragging them all through the coals. Instead, he's just a money grabbing slimeball.

    Hell, he was just some two-bit marketing droid before he thought "oh kool, getting default judgements is fun, I'll go make myself a loyuh!"

    Fuck him. Maybe I'd be OK with him if he was working pro bono to help 419 scam victims or something, but right now, he's just as bad as the assholes on TV that advertise class action lawsuits

  36. Unlimited Mail Works by Anonymous Coward · · Score: 0

    I am the bone of my email
    Inbox is my body, and filter is my blood
    I have vanquish over a million spam
    Unknown to s3x
    Nor to v!4gr4
    Have withstood pain to delete junk
    Yet those spam will never stop invading
    So i pray, 'Unlimited Mail Works'

  37. Irony or stupidity? by gstrickler · · Score: 1
    From TFA: "He really seems to be trying to twist things for a buck,"

    This from a lawyer defending clients who are abusing the email system to make lots of bucks? Pot, meet Kettle.

    --
    make imaginary.friends COUNT=100 VISIBLE=false
  38. E-stamps are the only fix by Tablizer · · Score: 1

    With e-stamps, people would have to pay a few cents to send you spam (unless you put them on a "friends" list). This would make the cost of mass spamming prohibitive. It would also make tracing abusers easier since money is tracked far better than internet bits. Further, a portion of the stamp cost would go to enforcement.
       

    1. Re:E-stamps are the only fix by Anonymous Coward · · Score: 0

      As a spammer, I think this is a great idea. Making money from stealing people's email accounts will become much simpler with e-stamps.

    2. Re:E-stamps are the only fix by Tablizer · · Score: 1

      But it's a lot easier to track.

  39. We use PGP whitelists, and don't get spam. by VortexCortex · · Score: 4, Interesting

    By requiring all incoming mail to be either on the user controlled white-list (ie: any user can opt to allow an address such as *@slashdot.com or joe@sixpack.net), or to be linked via our PGP chain of trust we have eliminated all spam.

    Signing up for a web service that validates e-mail address? Simple: add that site to the white-list first.

    In my company signing our e-mails via our PGP key is essential to prove who wrote what when.

    Seriously folks, the solution to SPAM is not yet another awesome filtering algorithm, or futile and expensive legal proceedings; It's verifying the sender is who they say they are. Stop complaining about how unsecured & non-authenticated the unsecured & non-authenticated e-mail protocol is and instead, help us all work towards the solution by adopting/advocating secure & authenticated e-mail.

    Why does SPAM exist? Because people are too lazy to force the authentication issue. If everyone digitally signed their e-mail we could say, "filter all mail connected by more than 6 degrees of separation into the junk folder," and the fight against SPAM would be over. IMHO, we shouldn't be fighting against SPAMers, we should be fighting for adoption of authentication.

    1. Re:We use PGP whitelists, and don't get spam. by Anonymous Coward · · Score: 0

      unfortunately, the day everyone starts signing outgoing mail (but really, using SPF would be enough), spammers will use free email services like gmail, yahoo etc...

      just write a program that takes a series of login/pwd from a website and sends via smtp with those, then spen the rest of the day signing in for more accounts.

    2. Re:We use PGP whitelists, and don't get spam. by Anonymous Coward · · Score: 0

      This fails as I want to be able to be contacted by email by someone to whom I've only spoken and only know by real name.

    3. Re:We use PGP whitelists, and don't get spam. by jewelises · · Score: 1

      This is a great cause, and I'm sure it will help a lot, but it won't completely eliminate spam. If your contacts are phished or are running malware then you will start receiving mail from your trusted contacts.

      A good example of this happening right now is the spam that happens on facebook. The only people allowed to write on my wall are people that I personally know (just one step away in the ring of trust) and yet I have still received spam.

    4. Re:We use PGP whitelists, and don't get spam. by Anonymous Coward · · Score: 0

      "By requiring all incoming mail to be either on the user controlled white-list (ie: any user can opt to allow an address such as *@slashdot.com or joe@sixpack.net), or to be linked via our PGP chain of trust we have eliminated all spam."

      The only thing that angers me more than a spammer is an admin at the machine that the spam originated from bouncing my complaint with a snarky "you must be whitelisted" autoreply. That admin's machine gets submitted to every black hole list I know of.

    5. Re:We use PGP whitelists, and don't get spam. by hedwards · · Score: 1

      But at what cost? Email is great because you don't have to know somebody in order to send one. Requiring me to jump through those hoops in order to send and receive email just means that I won't be able to use email because it won't be particularly useful.

      The real reason it exists is because a small fraction of the people who receive them buy the advertised products. Companies turn a blind eye to spam that's being sent by an affiliate on their behalf.

      In short, you're advocating something that's rather ridiculous, when you could just focus on shutting down the financial resources and holding companies responsible for spam that advertises their products whether or not they directly sent the materials.

    6. Re:We use PGP whitelists, and don't get spam. by Quirkz · · Score: 1

      Wouldn't botnets still get around this pretty easily?

    7. Re:We use PGP whitelists, and don't get spam. by jjhall · · Score: 1

      How did you go about setting this up? I would be very interested in setting up something similar for my mail. I've often considered this, but never have taken the time needed to fully plan how to make it function.

  40. Re:You'd think TFA could at least get English righ by wagnerrp · · Score: 1, Interesting

    Exactly. The California law allows for $50 per violation, up to $25,000 per day. The federal law allows for $250 per violation, up to $2,000,000 total. Settling out of court for a few thousand each case means he is not tying up their time, not causing a significant monetary hit, and not bringing any publicity to his cause.

  41. $50 per day??? No! by www.sorehands.com · · Score: 4, Insightful

    Under California Law, Business & Professions Code Section 17529.5 it is $1,000 per e-mail.

    But, there are two things you forget: (1) that there is a cost; and (2) if many people do it, it will bankrupt the people who are advertised by the spam. This threat may convince companies that will hire spammers to think carefully before hiring a spammer.

    1. Re:$50 per day??? No! by Monchanger · · Score: 1, Interesting

      and (2) if many people do it, it will bankrupt the people who are advertised by the spam. This threat may convince companies that will hire spammers to think carefully before hiring a spammer.

      But that's exactly what makes this one guy unremarkable. He's not going around helping others to sue the spammers which you suggest is the solution to the spam he "hates."

      Sadly, he's not there to solve the problem. He's just another asshole out to make a quick buck without doing an honest day's work. That should never be praised, regardless of the harm he inflicts on other parties we don't like.

      It's entirely possible that his taking $4,000 from that company actually causes them to increase the amount of spam they send in order to compensate for that "business expense". In this scenario, would he still be worthy of the praise he's getting?

    2. Re:$50 per day??? No! by h4rm0ny · · Score: 2

      Perhaps it is usefully viewed not as "wielding a crusade" (good one, Slashdot editors), but more the process of evil being its own undoing.

      Hey, it doesn't cost me anything what he's doing, and it might reduce the amount of spam I get. At the very least, that buys my nodding tolerance. Better if he actually shut them down, perhaps, but applying a cost to spam will have the same effect.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    3. Re:$50 per day??? No! by Anonymous Coward · · Score: 0

      We are the international online replica wholesalers and delivery services to over 500 customers worldwide every week for over 80 countries.We have over 30 orders everyday,our products,payment and delivery services are all international.NBA Caps

    4. Re:$50 per day??? No! by osgeek · · Score: 1

      So, unless you have the right attitude, you shouldn't be encouraged to do the right thing?

      Your scenario that he causes more spam doesn't seem realistic. Just from this /. article, a few enterprising individuals will probably join in the law suits. The ecosystem of spamming lawsuits will cause spammers much pain.

  42. Not just domestic! by www.sorehands.com · · Score: 4, Informative

    I have sued foreign spammers.

    In 2003, I sued Global Web Promotions for their penis pill enlargement spam. Though Global Web was in Australia, they solicited business from California and caused harm in California.

    See Snowney V. Harrah's Entertainment, Inc., 35 Cal. 4th 1054 (2005) (Solicitation of California Residents) , Calder v. Jones, 465 US 783(1984) (Harm directed to California)

    I am currently suing a porn organization, the third time, operated by David Szpak and Emmanuel Gurtler for illegal spamming. (See http://barbieslapp.com/spam/axscharge/axscharge.htm) The main companies are all located off-shore, the US companies were mere shells for the offshore companies. These guys hired Yambo (See http://www.spamhaus.org/rokso/listing.lasso?file=880) to send spam for them. They created two new companies, just after I sued them the first time, but they claimed it was not to avoid my lawsuit but to avoid the Visa anti-fraud/chargeback detection mechanisms.

    1. Re:Not just domestic! by Raenex · · Score: 1

      They created two new companies, just after I sued them the first time, but they claimed it was not to avoid my lawsuit but to avoid the Visa anti-fraud/chargeback detection mechanisms.

      That actually sounds like a legitimate claim, and quite a hilarious one too. I'm surprised such a rotten company would even tell you that. It might be relevant in your lawsuit.

    2. Re:Not just domestic! by DjJoker+ · · Score: 0
    3. Re:Not just domestic! by osgeek · · Score: 1

      Interesting web site. Fascinating reading. Any updates on things since 2008?

  43. Oh yeah, right. by www.sorehands.com · · Score: 1

    First, there is a defense of mistake. Second, it is not against spam, but spam that has a deceptive subject line or header.

    Even if you make a mistake in the e-mail address, should be be offering a free TV, that is not really free, to someone who gave you a business card asking to be e-mailed?

    The California law outlaws deceptive spam.

  44. low hanging fruits by Tom · · Score: 1

    He's not my hero, and that with me hating spam with a passion.

    What is is doing is picking the low-hanging fruits. The ones you can easily identify and sue. He's suing dating sites and social networking sites for being too aggressive and misleading with their mailings. He's doing squat nothing against the real scourge, which is the the Viagra and penis enlargement and Nigeria scamming.

    Yes, I don't like those mailing you get from every site you sign up to all the time, but at least on those the opt-out link usually actually works, and while their marketing department desperately needs a lession on how annoying customers isn't a great way to build a relationship, they're not even in the same league of scumbags as the main flood of spam.

    To me, the first guy (or girl) who shoots ten spammers for being spammers is a true hero. And in the courtroom, the guys that take the Spamfords of this world to court. And not to small claims to get a few thousand bucks, but to a real court to shut them down for good.

    --
    Assorted stuff I do sometimes: Lemuria.org
  45. Re:You'd think TFA could at least get English righ by Anonymous Coward · · Score: 0

    Wielding and brandishing!

  46. Hero? by i_ate_god · · Score: 1

    So... where exactly is the heroism? What has he done for the greater good of another individual or for society?

    I RTFAed, he just takes the money and move on.

    --
    I'm god, but it's a bit of a drag really...
    1. Re:Hero? by someone1234 · · Score: 1

      Though, he sets a good example.
      10 such guys would cause a tenfold problem for spammers, and those 10 guys could rack in a nice sum.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
  47. Humor tag by Regnad2k7 · · Score: 0

    "rapidshare to find your shit is exactly the same as hopping warez bbses. ... when some idiot courier forgot .c37 and spread a crc or two as well ('cuz, why not?).."

    -(-1 offtopic)

    More as deep:

    Technology does _not_ make life harder.
    Bastards do.
    http://img.skitch.com/20090802-bjekq45iha8kstyjickwcnsi7i.jpg

    (ellipses)(comma)

    http://apple.slashdot.org/story/10/12/26/006254/Apple-Forces-Steve-Jobs-Action-Figure-Off-eBay
    http://yro.slashdot.org/story/10/12/26/1552225/EFF-Offers-an-Introduction-To-Traitorware
    https://www.eff.org/deeplinks/2010/12/what-traitorware ... today, alone. Ipso facto (or similar) (full stop).

    Qed (or similar), ipso facto it's not -1 offtopic.

    qed.

    Defense rests.

    Suck my thermos.

  48. spam...meh. by Anonymous Coward · · Score: 0

    I would much rather have a software solution like a spam filter then any law that tries to regulate the internet.

    While my company pays for bandwidth and extra space on the servers, it is much more valuable that my legitimate emails containing videos and correspondences get to my clients then the amount I pay for the spam that comes into my network that I block. Email is much cheaper than mailing out CDs and easier then using faxes. Its not a perfect system, but damn near it. i can send an email around the world for the slight increased cost to my local network.

  49. Re:You'd think TFA could at least get English righ by LingNoi · · Score: 4, Insightful

    You don't happen to work as a spammer do you? I don't see how any reasonable person could think this is morally wrong.

    I also don't see anything morally wrong with your example you gave either however it isn't exactly equal to what this guy is doing since he has evidence.

    Everyone's tired of the internet being treated like a toilet (except you it seems) by companies. If this dude can clean it up a little then that's good by me regardless of what reasons he has to do it.

  50. Re:You'd think TFA could at least get English righ by AmberBlackCat · · Score: 1

    He's scummy because he doesn't do a damn thing. He sets up honeypots, and then sues the spammers, hoping they settle. It's like the pigs buying up a crackhouse and busting everyone that comes in, but never finding the dealer. Legally right? Yes. Morally? No. Only scum go after the low-hanging fruit.

    Any Joe Sixpack moron can go file a lawsuit at small claims court. If he was really interested in making a change, he wouldn't be taking the settlements, he'd be dragging them all through the coals. Instead, he's just a money grabbing slimeball.

    I don't think anybody who matters is getting hurt here. It's not so much like buying a crack house and arresting the customers. It's more like yelling that you are in need of cocaine and arresting everybody who tries to sell it to you. This is a guy who knows there are people out there looking for victims, and makes himself look like a victim in order to take advantage of them. Only bad guys can be hurt by his scam.

  51. Re:You'd think TFA could at least get English righ by neumayr · · Score: 1

    I knew "to wield" only in it's meaning akin to "to pick somehing up with the intend to make use of", as in "to wield a sword". But m-w.com does have a definition of "to wield" that seems to fit the article's use of the word: "to exert one's authority by means of".

    --
    Truth arises more readily from error than from confusion. -Francis Bacon
  52. Spam origins versus spammer origins by damn_registrars · · Score: 1

    A large part of the spammers are actually in the US - see any statistics on spam origins.

    Be careful with how you interpret the statistics. The numbers often come regarding not the location of the spammer, but the location of the systems that relay the actual spam. And of course, with the vast numbers of enormously vulnerable systems in the US who are left turned on 24/7 on broadband that is not at all surprising.

    Finding the location of the spammer is another situation altogether. You need to follow more than just the MX record, you need to follow the money. Look at the WHOIS data on the spamvertised domain and find out who is greasing the wheels. There you will find the international diversity of the current spamming epidemic.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  53. Re:You'd think TFA could at least get English righ by bluefoxlucid · · Score: 2

    He became a lawyer specifically to fire a low-orbit ion cannon at spammers.

  54. Re:You'd think TFA could at least get English righ by bluefoxlucid · · Score: 2

    If he was really interested in making a change, he wouldn't be taking the settlements, he'd be dragging them all through the coals. Instead, he's just a money grabbing slimeball.

    He's sued the holding company running AdultFriendFinder 4 times, and will continue to sue them until they stop spamming. The courts won't award him 1.1 million dollars per violation, unfortunately. Also several are pissed that he drags them through court instead of settling; I haven't determined why he settles some cases and drags others through court. Maybe because he can squeeze them for lawyer fees by dragging the case through court (they do have to pay their legal team), but he doesn't incur any himself beyond initial filing.

    They all want to settle because they don't want an injunction against them the twelfth time they land in court with the bastard.

  55. Re:You'd think TFA could at least get English righ by Vegeta99 · · Score: 1, Insightful

    It's morally wrong because he's being no greater than your average RIAA shill. I hate spam as much as the next guy, but he's not suing these companies to make them stop, he's suing them to get them to settle (so, among other things, a judge can't order them to stop).

  56. Re:You'd think TFA could at least get English righ by Vegeta99 · · Score: 1

    While I'll agree that only bad guys can be hurt, he's not hurting them enough. I don't think he even cares to end the spam, just make a quick buck off of it.

  57. and when MOFO gets going on this.. by RobertLTux · · Score: 1

    If a law firm in the Morrison and Foerster league gets going on this then the PRoSpammer folks are Delta Alpha Echo Delta DEAD.

    if this one guy can make a living at this then im sure that a few junior partners could rake in a ton of money for a firm.

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  58. Dissuade spammers by slapout · · Score: 1

    Personally, I think we should be dispatching Navy Seal teams to dissuade spammers.

    --
    Coder's Stone: The programming language quick ref for iPad
  59. Under the gun by Anonymous Coward · · Score: 0

    How about just putting spammers under the gun.

  60. Re:You'd think TFA could at least get English righ by BobMcD · · Score: 1

    It's morally wrong because he's being no greater than your average RIAA shill. I hate spam as much as the next guy, but he's not suing these companies to make them stop, he's suing them to get them to settle (so, among other things, a judge can't order them to stop).

    I tend to agree. I'm not opposed to seeing this kind of suit - after all, the laws were designed to encourage them. But I do think that if his efforts had a meaningful impact then we might be seeing less spam by now. He started this EIGHT YEARS AGO, and other than his income, I'm not seeing what good he's actually done.

    In short, 'go for it' = 'yes' while 'hero' = 'no'.

  61. Re:You'd think TFA could at least get English righ by BobMcD · · Score: 1

    I don't think anybody who matters is getting hurt here...Only bad guys can be hurt by his scam.

    Well, bad guys and the customers of those companies that advertise via spam. I'm not advocating that they keep on spamming, but minor monetary damages are likely only to drive up prices, rather than influence actual behavior.

    Not that he's doing the wrong thing at all, but he is indeed hurting the people who would otherwise be taking advantage of cheaper prices at the expense of a million spammy inboxes. It's a trade-off.

  62. to address the economic issues by hAckz0r · · Score: 1
    You are partially right with your statement to "address the economic issues". The problem it seems is that there are LOTS of companies that will pay good money to sell their products, and there are lots of spammers willing to take that money and perform their services with a "any means necessary" attitude. Its the company which is financing the operation, with no regards to "how" that message is delivered, that is the elemental problem. The product company must be visible in order to do business, which not only makes them the source of the financing, but also makes them an easy target for enforcement. They don't hide behind bot-nets either. The problem? The laws are not holding them responsible! We need to change the laws to make them accountable for their financing 'a crime'.

    I will contrast this with an analogy. Hit men do not go around killing people just for fun (well not usually). Somebody first finances their operation. Its the person that puts up the $1.3M for the hit that is the one you want. Just because he didn't say how the target should be taken out is not a indemnification for financing the hit under US law.

    This situation should be no different. If the product company does not say to advertise by "legally accepted practices" then they should be accountable for their actions. If they are doing legitimate business in the US then they are bound by US laws and the courts there of. If they do say that they had a contract with the spammer, then they can feel free to take the spammer to court to recoup their own financial losses after their own case is over. They of course DO know who they paid and how to locate them. Other companies will then demand to have a say in how their own ad-message is delivered. Once the word gets out that paying a "spammer" will shut your business down then the source of money financing the spam will dry up. No money, no spam. Simple economics. We are just going after the wrong people. The people paying for the spam are the low hanging fruit, the easiest to track down, and the easiest to modify their behaviour.

  63. Sorry, your post advocates a.... by snowwrestler · · Score: 1

    Your post advocates a

    (x ) technical ( ) legislative ( ) market-based ( ) vigilante

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

    ( ) Spammers can easily use it to harvest email addresses
    (x ) 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
    (x ) It will stop spam for two weeks and then we'll be stuck with it
    (x ) 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
    (x ) 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
    ( ) Open relays in foreign countries
    ( ) Ease of searching tiny alphanumeric address space of all email addresses
    ( ) Asshats
    ( ) Jurisdictional problems
    ( ) Unpopularity of weird new taxes
    ( ) Public reluctance to accept weird new forms of money
    ( ) Huge existing software investment in SMTP
    ( ) Susceptibility of protocols other than SMTP to attack
    ( ) Willingness of users to install OS patches received by email
    ( ) Armies of worm riddled broadband-connected Windows boxes
    ( ) Eternal arms race involved in all filtering approaches
    ( ) Extreme profitability of spam
    ( ) Joe jobs and/or identity theft
    ( ) Technically illiterate politicians
    (x ) 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
    (x ) E-mails from people you don't know

    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
    (x ) Whitelists suck
    ( ) We should be able to talk about Viagra without being censored
    ( ) Countermeasures should not involve wire fraud or credit card fraud
    ( ) Countermeasures should not involve sabotage of public networks
    ( ) Countermeasures must work if phased in gradually
    ( ) Sending email should be free
    ( ) Why should we have to trust you and your servers?
    ( ) Incompatiblity with open source or open source licenses
    ( ) Feel-good measures do nothing to solve the problem
    ( ) Temporary/one-time email addresses are cumbersome
    ( ) I don't want the government reading my email
    ( ) Killing them that way is not slow and painful enough

    Furthermore, this is what I think about you:

    (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!

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
  64. Devil's advocate by snowwrestler · · Score: 1

    I'm no fan of spam but it's not clear to me how spam e-mail uses resources any more than banner ads do. When I visit WashingtonPost.com, I'm there to read news, not see an iPad ad. So the ad is unwanted.

    The SWF of the ad is downloaded by my browser over my Internet connection, for which I pay. It's downloaded into my into my RAM and onto my harddrive, for which I paid. And the Flash plugin executing the SWF is using my processor time (i.e. electricity, for which I pay) to do so.

    In most cases, I'd guess than an unwanted Flash banner ad actually uses more resources than a spam e-mail, which are usually text (since most e-mail clients now block images by default).

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    1. Re:Devil's advocate by Opportunist · · Score: 1

      Technically, yes. But banners are easier to defend against. If you don't like them, don't go to the page displaying them. It's entirely in your hand to avoid them if you are so offended by them that you cannot stomach them.

      There's no such choice with spam.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  65. Re:You'd think TFA could at least get English righ by fishexe · · Score: 1

    But m-w.com does have a definition of "to wield" that seems to fit the article's use of the word: "to exert one's authority by means of".

    While the usage in TFA does, strictly speaking, meet that definition as stated by m-w, it still smacks of Thesaurus Syndrome rather than authentic usage. I think m-w listed that def. more to cover cases like "Mao wielded the Red Guards to suppress opposition" or "the hacker wields his 0-day exploits" which are analogs of picking up a sword but can't literally fit under the "to pick something up..." definition. "Launching" or "mounting" a one-man crusade would make far more sense.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  66. Re:redo by hedwards · · Score: 1

    Google largely has it figured out. I'm not sure how exactly they do it, but it appears to be a combination of black lists, white lists, bayesian filter and putting any emails that are identical to ones identified by other users as spam into the spam folder unless already whitelisted. The results are pretty impressive, although for best results, you do need to whitelist things from time to time.

    What's nice about it is that I rarely get any spam at all into my email account. I think it's less than a fifty or so over the last like 5 years or so.

  67. I don't think that will hold water by Anonymous Coward · · Score: 0

    Just put your own disclaimer that receipt of this email does not constitute any business agreement or contract.

  68. Re:You'd think TFA could at least get English righ by Anonymous Coward · · Score: 0

    I don't see how you can say he's scummy. If the spammers were following THE LAW they would not be able to be sued.

  69. GMAIL MSN HOTMAIL ETC by NSN+A392-99-964-5927 · · Score: 1

    These companies have massive logs of spammers, but the problem we face is the opt in and Microsoft in particular turn a blind eye as they are spammers themselves. Also they make a lot of money of it.

    say no to deep packect inspection <eof>

    --
    All cows eat grass!
  70. Re:You'd think TFA could at least get English righ by osgeek · · Score: 1

    He's suing them to make money. That causes spammers pain. Spammers will only stop when it's too painful to continue. 1000 more just like Dan would cause a lot of pain to spammers.

    If they make a good living out of it, good for them.

    That's one of the beauties of a well-crafted law built around capitalism. You can make financial incentives for individual citizens to help the government enforce the laws that it doesn't have the manpower to.

  71. Re:You'd think TFA could at least get English righ by Nyder · · Score: 1

    He's scummy because he doesn't do a damn thing. He sets up honeypots, and then sues the spammers, hoping they settle. ...

    So, the IP Troll companies are going to hire him?

    --
    Be seeing you...
  72. Re:You'd think TFA could at least get English righ by Vegeta99 · · Score: 1

    Sounds about right. If you wanted an entity with which I would compare him, you nailed it. He is, to be honest, slightly better. He doesn't say he's out to protect the innocent email user, he's quite honest that he's out to make money.

    He's on my list of moral shitheads, but much farther down than the **AA crowd.