We are at an inflection point in our lifetimes. The Internet is broken, seriously broken... Almost all of the systems currently in use on the Internet are based on implicit trust. This has to change. The problem is that these systems are so embedded in our everyday lives that it would be, sort of like, changing gravity, very difficult. more
As if conversations between technologists and marketers weren't already difficult enough, it appears that the Direct Marketing Association's (DMA) Email Experience Council wants to redefine long-standardized terms such as "header" and "message." more
Way back in 1995, Wired reporter Simson Garfinkel gave Jeff Slaton the name "Spam King." Less than a year later, Sanford Wallace earned the title -- and soon had to share it (and his upstream provider) with Walt Rines. Others have come and gone; Sanford and Walt reappear every few years, together or separately, only to be sued away again... it seems as if any spammer noticed by law enforcement is immediately crowned "the Spam King," even when there are multiple such crownings happening at the same time. more
They say (whoever "they" are) that good things come in threes, and that certainly seems true for law enforcement against spammers this week. In New York, Adam Vitale was sentenced to 30 months in prison and ordered to pay $183,000 in restitution for a week of spamming AOL back in 2005... In Illinois, an FTC settlement requires Spear Systems and company executives Bruce Parker and Lisa Kimsey to give up $29,000, stop making "false or unsubstantiated claims about health benefits" of their products, and bars them from violating CAN-SPAM ever again... And finally, in Seattle, the Robert Soloway case continues... more
The Messaging Anti-Abuse Working Group (MAAWG), of which Return Path (my employer) is a very active participant, met recently in Heidelberg, Germany. Among other exciting projects, they finished two new best practices documents which have been lauded in the press as a big step towards stopping botnet spam... more
Last September MySpace sued ur-spammers Sanford "Spamford" Wallace and Walt "Pickle Jar" Rines were for egregious violations of CAN SPAM. Neither responded, so as was widely reported, earlier this week the court granted a default judgement. Since they sent a lot of spam, the statutory damages came to an enormous $235 million. Even for Spamford, that's a lot of money. more
The governor of Colorado recently signed a new anti-spam law [PDF] into effect. Since CAN SPAM draws a tight line around what states can do, this law is mostly interesting for the way that it pushes as firmly against that line as it can. Other observers have already done a legal analysis of the way it's worded to avoid being tossed out as the Oklahoma law was in Mummagraphics, and to make it as easy as possible for suits to meet the falsity or deception limits in CAN SPAM. To me the most interesting part of this law is its one-way fee recovery language... more
Our four-year old oft maligned anti-spam legislation in this country, the CAN-SPAM act, has seen an uptick of activity this past week. Melinda Krueger sums up the sentiments of many in the anti-spam community in her Email Insider column today when she says, "there is no provision in the act against sending unsolicited email as long as you comply with the rest of the act. The motivation of the act was more to make voters feel politicians were doing something about this annoying problem." more
Thanks to Prof. Goldman I see that the Virginia Supreme Court issued its opinion in Jaynes, the state-law criminal spam case that has wound its way through the courts there. It affirms the conviction and rejects the various challenges to Virginia's spam statute... As a side note I should say that it's not often one is actually excited to read an order in a case you're not involved with. This is definitely one of those instances where the excitement is palpable... The news reports billed the case as the first felony conviction for sending spam. more
If there were a lifetime achievement award for losing lawsuits for being annoying, Sanford Wallace would be a shoo-in. Fifteen years ago, his junk faxing was a major impetus for the TCPA, the law outlawing junk faxes. Later in the 1990s, his Cyber Promotions set important legal precedents about spam in cases where he lost to Compuserve and AOL. Two years ago, he lost a suit to FTC who sued his Smartbot.net for stuffing spyware onto people's computers. And now, lest anyone think that he's run out of bad ideas, he's back, on the receiving end of a lawsuit from MySpace... more
Are you suffering delays in your recent emails to china? It may be because of "series of disruptions to cross-border email traffic on adjustments to the country's vast Internet surveillance system," Reuters reports today. The delays have been going on for four days now. But, of course, there is no way to get official confirmation. The symptom seems to be an error message that is returned to the sender... more
The only Cyber law passed in Pakistan till date is the famous ETO-2002 (Electronic Transaction Ordinance - 2002). It required Ministry of IT&T to set up a Central Repository for all digital certificates and in addition to set up a body to be named as Electronic Certification Accreditation Council (ECAC) to accredit Electronic Certification Authorities to be established in the country... In this regard, government has not only closed its eyes and has blindly trusted the only certificate authority (CA) in the country operated by a private business group, it has also mandated the citizens and business to trust it. Case in point is Central Board of Revenue (CBR) that has told all taxpayers to digitally sign the emails using the certificates issued by this private party... more
Forwarding e-mail is so easy that it must be legal, right? Not everyone thinks so. Ned Snow at the University of Arkansas recently wrote A Copyright Conundrum: Protecting Email Privacy that argues that forwarding violates the sender's copyright rights, so it's not. The article is quite clever and is (as best I can tell, not being a legal historian) well researched, even if you agree with me that its conclusions are a bunch of codswallop... more
Recently, I wrote about the Spamhaus Policy Block List (PBL), suggesting senders encourage their network/connectivity service providers (whomever they lease or purchase IP addresses from) to list their illegitimate email-sending IPs as a step towards improving the overall email stream on the internet. The initial PBL was seeded with listings from the Dynablock NJABL ("Not Just Another Bogus List"), which at the time of the cut-over was at more than 1.9 million entries... more
The following is an overview of the recent Honeynet Project and Research Alliance study called 'Know your Enemy:Phishing' aimed at discovering practical information on the practice of phishing. This study focuses on real world incidents based on data captured and analyzed from the UK and German Honeynet Project revealing how attackers build and use their infrastructure for Phishing based attacks. "This data has helped us to understand how phishers typically behave and some of the methods they employ to lure and trick their victims. We have learned that phishing attacks can occur very rapidly, with only limited elapsed time between the initial system intrusion and a phishing web site going online..." more