North Carolina bans spam
Wansu writes "The North Carolina Senate just ratified a bill outlawing "computer trespass" and transmission of unsolicited bulk commercial e-mail with forged
routing information. The law goes into effect December 1, 1999.
You can view the bill at the North Carolina General Assembly web site:
" What seems much nicer to me would be an institutionalize of spam-even if they just put "Advertisement: Bleah" in the subject line, I'd proc...er...be happy.
My eyeballs hurt from reading your I-slept-through-english-class-or-maybe-I'm-just-tr ying-to-look-cool message.
Does it feel good to hit the shift key?
Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
That lawyers can seed the internet with their email addresses, take the spammers to court and collect their fees for defending themselves. I like it :-)
Some spammers use a ton of common nicks and send it to all those nicks in a domain. So the isp you are reffering to probably sets up some dummy accounts with common nicks to catch "the spam wave." Not a bad idea really. Although I have only recieved one or two of these. The rest comes from my address being sold I guess from some things that I have signed up for. I quit my hotmail accounts because it wasn't anything but spam. Couldnt even find my mail in there. But, that's what they were set up for.
--- Join my team at www.dcypher.net $10,000 to the winning computer #147 "Homebuilt Computer Users"
And let's get the penalties a little stiffer. Fines? Bah. They can pay off the fines with the income from their pyramid schemes. We need something like Jail time. BIG prisons. With same-sex inmates. Same sex inmates that have been there a LONG time.
Yeah.
-- Give him Head? Be a Beacon?
-- Give him Head? Be a Beacon? :P)
(If you can't figure out how to E-Mail me, Don't.
Posted by The Ignominious Gnome:
By the same argument, why should I have to waste the space in my physical mailbox for junk mail? And I have to carry it in to my apartment. I just throw it all away, but the post office won't let me file a change-of-address form to have all mail to 'resident' returned to sender. (I asked.) I hate spam just as much as anyone else, but I'd rather just be pragmatic about it and ask for truth in labelling. I don't think we can truly get rid of it, but there are ways to make it less intrusive. Server-side mail filters would be nice too - that way I wouldn't have to D/L it all.
If you start out lawing anything on the net you are on thin ice as far as im concerned.
Even the bull e-mail. Deal with the cruddy e-mail and thank your lucky stars we have the freedom we do now.
look behind you Matt!
If the headers include accurate and complete (normal) routing info and one header indicated it is an unsolicited bulk message (commercial or otherwise) we'd have all the info we need to handle spam.
The other thing that's needed is a law requiring bulk mailers to
One way to do this is to tell them they face large fines for violating the law. Large enough to offset the potential profit. So patching sendmail to violate the law would become an expensive proposition.
Of course, this doesn't preclude anyone sending spam, it just transfers a good deal of the cost back to the people it should be on: the spammer.
I fully expect that the Internet will become pay-as-you-go in the relatively near future (say 5 years at the outside). The only major impediment is the infrastructure to support micro-payments and billing isn't in place yet, though there is no technical reason it couldn't be.
And, realistically, why not? The people who use the Internet the most (whether it be bandwidth, email, http, or whatever) should be paying the most. I have no problem with getting a free DSL Line, and then having to pay $10/Gb transfered and $0.02/email. A good chunk of the problem we're in now has to do with the "once you're on, it's all free" and "all-you-can-eat" mentality.
You can't outlaw Spam without seriously infringing upon other liberties (as it's impossible to exactly define what Spam is). Transferring the costs back to the spammer will allow for legitimate direct-email marketing, and elimiate all those spammers getting a free ride now.
There are always four sides to every story: your side, their side, the truth, and what really happened.
This reminds me of back in the BBS days when I was modeming to the chat lines. I decided to try applying an ELIZA engine to a chat room. Written in BASIC, whenever I hit Ctrl-E it would look at the last line written by a chat user and write its own semi-intelligent response to it. Emphasis on "semi". The biggest oversight was that it WROTE EVERYTHING IN CAPITAL LETTERS. Most of you probably know that older BASIC's didn't support lowercase letters very well. Needless to say, Eliza got flamed for every word she said.
;-)
:) ]
Maybe I should write an Eliza that automatically posts to slashdot. Actually, for all we know some of those AC's may be Eliza or her relatives! Think about it:
Friendly, intelligent user: We should stop bickering about whether open source is right or not and just write code.
Eliza disguised as Anonymous Coward: Open source doesn't make any sense. Windows CE already drives my car for me. I think I'll write a letter to ESR and say Linux stinks.
Remind you of any recent conversations?
[I apologize for being so offtopic. Moderate me down as needed.
>From what I read in the Constitution, it seems
>that it's just the Federal gov't that's
>prohibited from messing with intrastate commerce, >not the other way around.
Nope; exactly backwards. The feds have the authority to regulate interstate commerce, and state interference is presumptively invalid. In fact, interstate trade wars were one of the primary reasons to shift from the Articles of Confederation to the Constitution.
However, mere effects are not always enough to invalidate state action; prohibitting fireworks in a state certainly impedes interstate commerce, but is valid. If the law is truly and honestly (not just technically) neutral between in-state and out-of-state actors, it likely (not necessarily) is not an improper restraint on interstate commerce.
The "World Series" does *not* mean "World Championship," though in modern use it tends to b e thought of that way (and realistically, even the best teams from other countries would have no chance at winning).
:)
However, "World" is the name of the newspaper that concocted the series in the first place, pitting the champions of each of the two major leagues against each other in order to sell more newspapers. It could just have easily been the "Chronicle Series" or whatever. The World has long since vanished, but the name remains.
And as for the WWF: take it, please
It is worth pointing out here that although the Internet was
originally created in America, the Internet is now international.
Do not make the mistake of assuming "United States ==
Whole World".
Already happening there are spams mentioning proposed
US legislation. Including those which originate from no
where near the US. (As well as those which refer to calling
"freephone" numbers which start +1 800 or +1 888.)
We already have such laws with respect to such
International items as international shipping, international
air traffic and so forth.
Would we end up with a situation,as with the ITU, where
the US prefers to do it's own thing?
As far as I can tell, the law does not *discriminate* against in-state and out-of-state spammers, either by design or impact. That an act crosses state lines does not necessarily mean that the state may not regulate the impact within its own borders--a cross-border shooting is the easiest example. Shipping of articles banned in the state is an act of interstate commerce, yet the receiving state may still ban it.
I think that the federal government could certainly pre-empt state spam laws, but until it does, states will remain free to pass laws governing spam delivered within their borders.
hawk, esq.
What they actually do sometimes, is to submit these dummy addresses to removal services.
The most important thing to learn from this kind of experiments is that these opt-out lists are actually a source of addresses to be spammed.
There are other ways to have an address "harvested" by a spammer: just put it somewhere on a web page.
WWTTD?
one you go out to get on your own freewill with some freedom of choice and the other is forced into your mailbox against your wishes.
I think some of what happens is pro spammers 'sell' advertising services to unsuspecting, gullible small business folks (your typical M$ customer) who have heard about this nifty Internet stuff but don't really understand it - all Mr. or Mrs. small businessperson knows is some Internet company sold them "get your message to 25 million eyeballs for only $250!!" and they bought it, just like they buy ad space in a local paper or time on a radio station. The only ones who profit are the screwball spamming scumbags.
Chuck
try { do() || do_not(); } catch (JediException err) { yoda(err); }
Damn. Someone better tell the 60,000 Japanese people that attend single events that they aren't supposed to be there.. ;-) (Same sport, but vastly different styles, I'll give you that. Still, you see more North American wrestlers going to Japan than Japanese to NA..)
Adam J
TSS Productions
Posting Quality Off-Topic to Slashdot for the first time!
I can tell you from experience that this doesn't work and is a bad idea. GTE has something similar to this implemented at the dialup here in Houston. I go to school at a University and use their email services for everything I do. Unfortunately, when I signed on to GTE I was FORCED to use their SMTP AND POP servers to send mail. This ALSO meant I had to use that email address to send stuff. An ISP is just that, an _Internet_ service provider, not a _Proprietary_ service provider.
IANAL, but I play one on
In the late 80's or early 90's, this was done on usenet, and people actually engaged in conversations with it. (And how does thinking that I'm a progam make you feel?).
.newsrc. I never got around to writing it, but I got plenty of requests for it.
:)
And earlier than that, when usenet was primarily passed by modem over toll phone calls, it was widely suspected that rlr@att[mumble] was an AI program designed to boost phone traffic (still carried predominantly by AT&T) by getting everyone mad at him.
net.flame was a single (and usually reasonably civilized an literate) newsgroup, but net.flame.rlr was proposed (the third block was rare at the time, there were only 40 or so net.* groups altogether). And I proposed an ancestor of the kill file, literally a hardcoded program that would grep for his name in the newsspool (a single directory at the time) and mark any messages from him as read in the appropriate groups in
Hows that for "good old days" reminiscing? One troll on the entire usenet
If you begin blocking dial up IP's Many Legitimate Mail Servers would be blocked. Why should a small company using a dial up port or even an ISDN dial up port not be allowed to run a mail server and send mail? Also, RFC standards do allow receiving mail form dial up ports. So by blocking dial up ports you make your mail server very non standard. This is a No No when you sell service to the public. I hate spam just as much as the next guy buy why punish the small business who cannot afford a dedicated connection?
Are you sure about that? In Article I it says something to the effect (looked it up yesterday; too lazy now) "Congress has the power to regulate commerce with different nations, among the several states, and with the various Indian nations." The 10th Amendment says if it doesn't say the federal gov't can do it, the states get that power (thus intrastate is their domain only). Where does it say the states can't regulate interstate commerce?
In the US, "your" mailbox normally actually belongs to the Postal Service, and the senders paid them for delivering it.
Since spammers are always claiming that people WANT to recieve the messages, require them to abort on error. That way, nobody has to do anything, and the statistics will speak for themselves.
M$ could be in trouble. If it's illegal to "cause" this to happen, wouldn't it be illegal to manufacture the product that "causes" this. M$ themselves would be guilty, as would the OEM's, as would any user who purchased this product and installed it themselves, yes?
:)
Would this make NC a M$-free zone?
Worse things could happen, eh?
BTW, I agree that this portion of the statute is even more important and may have more impact than the SPAM provisions.
Russ
War is Peace. Freedom is Slavery. Ignorance is Strength. - George Orwell or George Bush?
Doubtful, but a guy can dream, right?
-- Give him Head? Be a Beacon?
-- Give him Head? Be a Beacon? :P)
(If you can't figure out how to E-Mail me, Don't.
It tells us alot about ourselves.
Ban spam.
Dont ban porn from libraries.
I thought freedom of speech was important no matter what.
"What seems much nicer to me would be to make all of the burglars wear big orange hats, so I can tell them to go away when they knock on my door."
A lot of them also claim compliance with a House of Representatives bill, which died on the floor last year anyways.
-- Give him Head? Be a Beacon?
-- Give him Head? Be a Beacon? :P)
(If you can't figure out how to E-Mail me, Don't.
Well i think the main Problem is, that the only SPAM i get is this stupid "Make money fast" etc crap. Now if i were to get some sensible stuff, .. ? .. i only got about 3000 emails .. in total about 1 Gb .. thank goodness i have quotas ;)
./ account , but email me at gavin@space4u.com
Like ads that Interest me, it still would not be good, but a little better. And the other Problem
is that 99,9 % of the spammers dont want to do business with clever people anyway. Or why do they fake the from header
Dont get me wrong, i am not a friend of spam because my domain was included in a from header once
Privatly i get about 1 email a week, and it goes strait to the abuse dept. with a nice friendly email.
PS : i dont have a
How would you like to get and pay for 1000 email spam messages *per day*? The economics of it are such is that the only reason you're not currently drowning in spam is because it hasn't been legitimized and because rabid anti-spammers make life difficult for them.
Your 'solution' is unfortunately common amongst people who don't fully understand the problem. I'd suggest you visit sites like www.cauce.org and find out a little more about it.
The sad thing is that when Mr Scumbag obeys this new law, he becomes a lawabiding citizen and can also demand the protection of the society.
This new law is a tragedy since Mr Scumbag moves from being a social lowlife to into a 'respected' businessman.
Since he now is legal and a 'respected' businessman even banks might lend him money to expand his 'business'.
//Pingo
--- Linux or FreeBSD, it's like blondes or brunettes. I like both. ---
Here are the things that I have seen done that
stop spam. I'll take mindspring as an example:
Set up a process that null routes traffic from
known spam sending networks.
Set up a database of IP's that belong to dialup
accounts on other ISP's and not allow mail
originating from them.
These two things kill so much spam it's not even
funny. From what I understand, they are adding
IP pools to their filter every day. So when Joe
piece of shit spammer signs up his latest AOL
account with a fake credit card and starts sending
spam, non of it makes it to the people that have
mindspring dialup accounts. And when piece of
shit spamming company sends mail out from their
spamserver, or relay it off of their favorite
asian open relay, it might make it through the
first time, but that's it. Only if the mail is
coming from an approved smtp server will the mail
get delivered. Mindspring also has what most
people consider to be the most clueful abuse
department there is. These guys are famous for
stopping most incoming spam while it's happening.
I also respect these guys because they practice
what they implement. mindspring dialup users can't
send email out using any smpt server except
mindsprings. They have IP filters set up for port
25 that make this possible. If all ISP's out there
did these things, spam would be a moot point. For
now, you can send mail to your ISP suggesting that
they do these things, or get yourself a mindspring
account and quit worrying about it.
I'd be stopped cold by your address-munge. Not because I can't fix it, but because I don't care to. If you want to make it more difficult for me to respond to you, I don't need to bother.
I think your nuts. I have an account on mindspring and another on a small local ISP. I have used both accounts about equally as much.
The mindspring email box is constantly full of spam crap, most of it from mindspring dial-ups.
The other smaller isp's email box rarely gets spammed (1 or 2 a week) and it is almost always coming from a mindspring camel(blah blah) server. I don't know why, it just is.
Not only that, I think the whole mindspring mail system is screwy. I have gotten quite a few emails addressed to other mindspring members (personal stuffs....not spams) delivered to my box.
A more complete quote:
Thus you would have to prove that Microsoft intended to cause the computer trespass, and that they used the network without authority. Not really applicable to the normal way Windows is installed.
On the plus side, Slashdotting a site is still legal, because there is no intent to bring down the site. Also, IANAL but I would expect that running a web server that is openly available on the 'net would mean that you grant the authority to the public to use that machine and network for the purposes of download.
Your right to not believe: Americans United for Separation of Church and
Spammers steal from us. They make us pay for their advertising. What similarity do you see in the two situations?
Did you actually _read_ any portion of the bill? Unless your anonymized mail is also unsolicited commercial email, you don't have a thing to worry about.
Please, please, read before you write.
Bowms
Actually I was hoping that North Carolina would make it a capital offense. They have a choice - Leathal Injection (BOOOO!) or the Gas Chamber (Better of the two). Publisize and televise please!
The difference between reality and fantasy is a nice soundtrack.
That's cuz they're afraid of the hulkster! :-)
Well, I handle abuse at an ISP in North Carolina, and have been following this closely.. all I can say is it's about time this bill got passed.. less than $1500 damage is a misdemeanor, more than$1500 damage is a felony.. I can't wait to get out the old calculator and start adding this up.. Can I use the SysAdmin's price list from alt.sysadmin.recovery? :)
On this note... My wife was mail bombed from a UUnet account two weeks ago.. contacted uunet, nothing really happened.. It happened again Saturday morning.. she was connected at the time.. I called UUnet, gave them the IP.. they knocked the user offline and shut off his account, and asked if I wanted to press charges.. too bad the bill didn't pass earlier..
---The proceeding comments were not paid for by the following advertisers.
Hmmmmmmmm, you don't really show how this doesn't
work. I guess as and example I could boldly state RAISIN TOAST IS TAKING OVER THE WORLD!!! then defend this statement by talking about pez.
There is no reason that a small business should
want to run their own smtp server when their ISP
provides one for them. You might have had a point
there if you had known what you were talking about.
It looks like you just have to enable the spam
filter thing they call the spaminizer or whatever.
Call tech support. I did a few months ago and I think I've gotten 15 piece of spam since, and never two from the same place. As far as the mail
getting sent to you meant for other people, that's
call forging headers. Spammers do that. I guess that should stop or decrease after you enable the
spam blocking stuff on your account.
So what if, as a user wishing to avoid SPAM, I append _nospam to my email address in a usenet posting. Will this also be illegal? I'm not concealing routing information, except for the From: address, and any user can reasonably decipher the real address (and I assume that SPAMBOTS will soon learn to recognize doubtful addresses).
I get tons of spam that has non-forged routing and email information, but the problem is that it comes from temporary accounts from AOL, or references free email accounts at YaHoo or Hotmail.
What we need at a minimum is something that will ban sending unsolicited commercial e-mail from accounts without the permission of the company that issues those accounts.
Personally, I would ban all unsolicited commercial email.
I've heard that some ISPs set up fake accounts and troll for spam, allowing them to kill all the duplicates that are sent to real accounts. Do they just post dummy messages with these accounts, or what?
:)
Now what if they did that with the email addresses of all state and federal legislators?
Watch out for legislation like this. Essentially, all it is doing is banning anonymity. This isn't about saying what you can or can't send, only that you can't do it with fake routing info.
It is probably aimed more at stopping people from sending spam that appears to be from slashdot.org or such, but I don't think they thought through all the privacy issues that it is treading very close to.
A lot of the spam I already get contains some meaningless language about "not being intended for residents of Washington State." The problem is that the spammers don't know or care whether I receive my email in WA or anywhere else; that's just a feeble attempt to cover themselves. Are they just going to tack on "and North Carolina" and leave everything the same?
It's not ok to just put a spam header on the message. Why should I have to dedicate bandwidth, disk space and processing power to messages that I absolutely do not want. Spammers are lowlife and abuser's of the the Net's share the wealth attitude towards passing packets and messages. They should be shot, pissed on and punished.
The difference between Canada and the USA is that in Canada healthcare is a right and gun ownership is a privilege.
And *requiring* that all mail transfer programs have that as a feature? I think not.. more government regulation is not a good thing. Governments govern best when they govern least.
Do you think, that if SMTP had support for a SPAM mode, governments would pass laws allowing sending and propagating of unsolicited commericial email using that feature, but banning not using that feature.
So anyone sending SPAM must say so early in the STMP transaction (ie, HELO blah\n SPAM\n), so the reciever can say bye-bye if it doesn't want it, and accept it if it does. This allows for choice, which is good.
I think sending commercial email (unsolicited or not) would likely be a federally regulated thing, unless the email message never happens to cross state lines. (fairly unlikely for most of this stuff)
I don't know what they plan to prove with this.
and what if the e-mail in question originated from outside of North Carolina? or from New Zealand?
Probably all this will do is convince bulk e-mailers to never, ever use real e-mail adresses, since they would be taking the risk that maybe one of the e-mail adresses they're sending to is inside of North Carolina.
Or maybe i'm misreading this.. "in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider".. does this make it illegal to send bulk e-mail to an ISP that doesn't want bulk e-mail? or make it illegal to send bulk e-mail _FROM_ an ISP that doesn't want to send bulk e-mail?
i'm confused.. i don't speak lawyer.
Irritable, left-wing and possibly humorous bumper stickers and t-shirts
Interesting point. This seems to be pretty clearly a case of interstate commerce, which is solely in the relm of the federal government, thanks to that much-abused clause in the Constitution.
Of course, the attitude of most lawmakers is to pass whatever laws seem politically useful at the time and let the courts think through the constitutional issues.
That in mind, I would consider the following reforms to be reasonable for bulk snail mail:
Do you think it's significant that only 3 out of the 51 comments under this story (at the time this is posted) have real, ungarbled email addresses?
Jared Warren
MindSpring has something like, 2 million customers
and is growing really fast it seems.
The only reason I can think of for a small business to want to setup an smtp server on a dialup account is so they can send bulk unsolicited email. If their ISP gives them an SMTP server to use, they should use it.
One of the stunning things about mindspring is that they do almost no advertising at all. Almost all their customer are from word of mouth. If I remember, they have the lowest customer turnover in the industry.
I am a lawyer, but this is not legal advice. See a lawyer in your own state if you need some.
Advertising by flyer or in a newspaper is a useful comparison here. The law does not consider the ad an offer to sell, but an invitation for buyers to make offers at that price (it would do serious violence to contract law and markets otherwise). Similarly, the posting of a web site is an offer to show information, and repeating this offer to the world will generally be no more odious than telling the world about the wonderful price on grapefruit in this morning's paper.
hawk, esq.
I think spam will kill itself sooner. One should
only need to think as a spammer. Imagine I have
a porn site. At the time where 40% of my potential
clients have DSL or a fast cable modem, I'm going
to send out 15MB sample video clips of porn. Users
still using isdn or 33k/57k will roar. Spam wil
kill itself under its own weight, and rather sooner then later I think.
Leto
I don't care what it says in the subject. It's taking up my ISP's resources to get it to me in the first place. It takes my download time to get it to my machine. No spam. Nonononono. If I want to be on your mailing list, I'll ask. Until they come up with a way that the advertiser pays the entire cost of the ad, I won't accept any plan to let it slide by.
Well, it certainly isn't going to hurt me. From what I understand of reading the bill, it applies to unsolicited bulk commercial email (these terms are defined in the bill; check before complaining) and means that I can sue a spammer and they'll have to pay my court costs as well as any damages (which are likely to be negligable anyway). That's probably a bit more effective than emailing their ISP. And though this certainly is interstate commerce, is there anything prohibiting states from doing this? From what I read in the Constitution, it seems that it's just the Federal gov't that's prohibited from messing with intrastate commerce, not the other way around.
Hmm, maybe I should remove the "remove" from my address.
Unenforcible legislation, means SELECTIVELY enforced legislation. So when they go knocking down your door and confiscate your computer for using an annonymizer, don't blame me.
I got spammed by zones.com a few times and the last message was a survey where I got a $20 off coupon.
---Got Coffee?---
I Hope More States Follow This Bill It Looks Like It Could Be Strong Enough To Work. If You Get Caught By North Carolina Sending Spam (Read Their Definition)
You Will Windup Paying The Isp And End Receivers $10.00 A Copy Or $25000 A Day If The Network Admin Can Show You Damaged The System Or Caused Profit Lose Of More Than $2500 You Could Be Convicted Of A Felony (Jail Time)
If They Can Enforce This Law It Looks To Have Some Real Teeth.
I Hope More States Follow This Bill It Looks Like It Could Be Strong Enough To Work. If You Get Caught By North Carolina Sending Spam (Read Their Definition)
You Will Windup Paying The Isp And End Receivers $10.00 A Copy Or $25000 A Day If The Network Admin Can Show You Damaged The System Or Caused Profit Lose Of More Than $2500 You Could Be Convicted Of A Felony (Jail Time)
If They Can Enforce This Law It Looks To Have Some Real Teeth.
Dennis
Who owns your data?
Look at the bill. Scroll down. Scroll down some more. Stop.
14-458. Computer trespass; penalty.
Read that bit.
I think this section is far more powerful than the anti-spam bit. Not only can that stuff get you fired, kicked out of school, or your ISP account cancelled, but as of 12/1/99 you can get prosecuted and fined, too. Were it not for the "without authority" clause, installing Windows 98 over a LAN could be classified as criminal. Even so...
how about setting up mail redirectors with .com addresses to redirect mail to senators/congressmen/etc ...
can you say iname.com, poboxes.com?
*evil grin*
Inasfar as new international laws are needed, who is going to enforce them? Nobody goes around blatantly breaking air traffic laws. Your average 15-year old miscreant does not have the resources. It takes quite a bit of organization to break international shipping laws. Organized crime perhaps. The point is, don't make laws that every other dope with a modem is itching to test.
:)
:P
Local laws like the one discussed here, though on the surface absurd, state that residents of North Carolina cannot spam the rest of the world. If you want to spam, move to Georgia. The fact that they might even enforce the law is rather altruistic of them, or could be interpreted as such. They are doing their small unappreciated part to make 'the world, yours and mine, a better place'.
WWF- Wrestlers from all over the world flex and grunt in the WWF. They come here because only in the US is this art form appreciated
We have the best players from around the world playing basketball and hockey here cause we pay. A lot of (evil corporate) money is at stake. These leagues are extremely competitive. We certainly have the world's best football-american and baseball teams cause nobody else understands the rules. Winners of the Stupor Bowl and World Series are the best in the world. Yes I know they play baseball in Japan. Damn fine Little League team
-kabloie
I wish more governments followed North Carolina's lead!
:-).
Now if we can only get Texas to follow their lead (and knowing Texas they'll probably make it a capital offense
Most spammers never go out of business. Individual corporations may go under, but the principals merely set up shop under a different name. Individual spammers merely get another ISP. If no one will accept their name or credit card number, they merely get another credit card and user someone else's (like their wife, or kids) to set up an account. Apart from that you're dead on.
This is an informed common-sense guess rather than a statement of known fact, but I'll hold to it unless you can point me to contrary evidence
> The only way we can stamp out spam is by a combination of social,
> legal, technical and economic pressure. But if we allow the legalisation
> of spamming for the sake of some short term convenience (for the elite
> who can create mail filters),then that destroys the legal argument and
> weakens the effectiveness of the other three.
Excellent! I totally agree. I think this comment should have gotten higher score then 2. Most of the time I have time to read only the ones that scored 3 or more, so I could have easily missed this, even though it makes a very good point.
Apologizes for not having any input on the subject.
--Flam
Computers are useless. They can only give you answers - Pablo Picasso
It is worth pointing out here that although the Internet was originally created in America, the Internet is now international. Do not make the mistake of assuming "United States == Whole World". I regret to say that Americans are notorious for making this error: consider World Series Baseball and the World Wrestling Federation: both are domestic American sporting organisations.
If you are going to debate such issues as jurisdiction, you must consider the Internet as an international resource, and consider the matter from the viewpoint of international law. Local laws with respect to the Internet are largely meaningless, and only help to fragment the Internet into a hodgepodge of chaotic regulation.
The world desperately needs uniform international law with respect to the Internet. We already have such laws with respect to such international items as international shipping, international air traffic and so forth. We should push for the Internet to be regulated internationally in the same manner.
The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke
Apparently I can still send my fellow North Carolinians death threats, sexually harass them, send them chain letters, and generally clutter up their "in box" via the "magic" of e-mail while concealing my identity, as long as I'm not doing it in order to sell them a product or service.
I see even classic Slashdot is now pretty much unusable on dial up anymore.
Consider this scenario: after 10 long years of work, the IETF and other standards bodies have finally managed to transition a critical mass of mail servers to use a new spam-proof version of SMTP. But then J. Random Scumbag sues them for violating their legally-mandated "right to spam".
We're in it for the long haul. Spam is not going to be gone next week, or next year. But we're winning the public opinion battle, most spammers go out of business within 3 months, and the technical solutions are getting better all the time. I'd hate to see us win the battle on the Internet only to lose it in the courtroom. Don't give the spammers what they want.
fish and pipes