Ask Slashdot: Dealing With Anti-Spam Service Extortion?

An anonymous reader writes "I work for a European ISP, and lately we're receiving quite a few complaints from customers about not being able to send emails because of UCEProtect's listings. After checking with their site, we found out that our whole AS (!) was blacklisted. Their 'immediate removal policy' asks for money, around 90 euros Per IP for end users and 300 euros for ISPs, and their site has bold statements like 'YOU ARE LOSING YOUR RIGHT TO EXPRESSDELIST YOUR IP IF YOU ARE STUPID AND CLAIMING THIS WOULD BE BLACKMAIL...' Could this be considered extortion-blackmail ? Has anyone else on Slashdot dealt with this service before?"

Comments

Some Suggestions

[Anonymous Coward]

Firstly, as Pamela Jones over at Groklaw would tell you in a heartbeat, convince someone at your company to take legal advice. If your company is contemplating action of any kind in response to what has happened, it is critically important that you understand that your intended steps will not undermine you at some later date. Only a legal professional can tell you that. So please, get proper legal advice.

Secondly, thinking about the relationship between yourself and the party you believe to be performing the blocking/spam filtering. Is the issue between your company and the third party, or your *clients* and the third party? I can understand that you are coming under fire from your clients, but please refer back to the first point, above.

Third, go get familiar with the relevant legal frameworks. Your legal support, when you hire, them, is going to start asking legal questions. You understand the tech, but take the time to familiarise yourself with the law. Start with: RIPA (the Regulation of Investigatory Powers, which, IIRC, makes it illegal to intercept any communication between two parties), PEC (the Privacy in Electronic Communications Act [2003]), and take a quick look at the DPA (Data Protection Act [1998]) inasmuch as the data being generated and acted upon by the third party [email addresses] was created for the express purpose of *routing email traffic*, not *filtering* email traffic. There may be an argument that the filtering is inappropriate. See how a lawyer (I'm not one) can help you here???

Fourth, are there any professional trade bodies or organisations that both your company and the third party subscribe to (i.e. a UK Association of ISPs) that may have a dispute handling process? Are the two parties able to sit down with an arbitrator? If so, this might be a free service that you could try?

Fifth, if all of the above fail, then use of the Internet in the UK is regulated by various Government departments and Quango Regulators, such as the ICO (Information Commissioner's Office) and Ofcom (the Communications Watchdog). As above if you have taken proper legal advice from a law firm with expertise in this area, they should advise you on the best method of engagement.

I understand that you want to help your clients, but in this case it's critically important that any steps you take don't make it worse. Legal advice must be step 1.

Hope this helps...

There is a reason you are listed.

[strredwolf]

There is a reason you are listed:

* You have spam originating from your system for too long of a time.
* You are unresponsive to reports.

So, your entire network range is listed. Everyone is bouncing emails. Everyone is complaining to you, and you've noticed. You've been forwarded the site, and you're contemplating just paying them off... except that it just won't work. You'll be relisted again, and with reason -- someone on your network spammed and nobody's listening.

Thus:

* If you haven't done so, open up abuse@ and point it to somebody with the power to diagnose, disable, and close accounts.
* If the guy behind abuse@ doesn't have said above power, GIVE IT TO HIM.
* If the guy behind abuse@ does, but doesn't use it, FIRE HIM.
* If you haven't done so, disable outbound port 25 at your border router with the exception of an out-bound SMTP server.
* Put an outbound spam filter in place.

If you are unwilling to do the above, then there is one last thing you will eventually do: CLOSE SHOP.