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Trust in Email Begins with Authentication

As most CAUCE supporters already know, forging 'From:' or other commonly seen email headers is trivially easy. It's one of the most frustrating oversights in the creation of Internet email technology -- though of course that's only obvious in hindsight; it was just fine for the pre-Internet networks of the late 1970s and early-mid 1980s. Since then, things have changed -- and the most interesting recent technological advancements in email have been in the realm of sender authentication, which encompasses ways to verify that the apparent sender of a message actually is the entity which sent it.

A Third, More Interesting Round in E360 vs. Comcast

In the past week, Comcast filed an answer, denying all of E360's charges, and attached to it a motion to file a most impressive counterclaim. The court granted the motion on Monday so the counterclaim has been filed. At about the same time, E360 filed its response to Comcast's previous motion to dismiss the suit due to its utter lack of legal merit.

More on the Soloway Case

I've now read Soloway's plea agreement. Despite some claims from his lawyers that it's some kind of victory that he only pleaded to three of the 40 charges, with the rest being dismissed, it's clear from the agreement that he indeed did just about everything that the government charged. The government as is usual had several similar charges in each category.

A Flurry of CAN-SPAM Activity: Is It Meaningful?

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."

Robert Soloway Pleads Guilty

Large scale spammer Robert Soloway, whose criminal trial was scheduled to start in a week and a half pled guilty to most of the charges against him. The indictment made three categories of charges. Counts 1-10 were mail fraud, due to Soloway delivering his spamware through the mail, and the product egregiously failing to be what he said it was, notably including 30 million addresses purported to be opt-in. Counts 11-17 seven were wire fraud, sending spam making false claims about the product, support, guarantee...

Comcast Fires Back at E360

Back in January, bulk mailer E360 filed a suit against giant cable ISP Comcast. This week Comcast responded with a withering response... Their memorandum of law wastes no time getting down to business: "Plaintiff is a spammer who refers to itself as a "internet marketing company," and is in the business of sending email solicitations and advertisements to millions of Internet users, including many of Comcast's subscribers." Comcast's analysis is similar to but even stronger than the one I made in January...

Don’t Register Your Domain in the U.S. if it’s Controversial

In the news lately have been a number of incidents where U.S. courts, or the U.S. government itself has ordered domain registrars to shut down free speech. First was the E360 vs Spamhaus case, in which accused spammer E360 Insight sued anti-spam organization Spamhaus for labeling them as spammers and won by default when Spamhaus insisted that U.S. courts did not have jurisdiction over them in England and didn't appear. Unfortunately, U.S. courts did have jurisdiction over Spamhaus' domain registrar, who was nearly ordered to shut Spamhaus down (a court order was under consideration). Fortunately, Spamhaus was able to move their registration overseas before any shutdown order could be issued...

The Anti-Phishing Consumer Protection Act of 2008

Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people...

Virginia Supreme Court Rejects First Amendment Challenge to Spam Statute

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.

On Comcast and Net Neutrality: Shouting Fire in a Theater

The Comcast traffic shaping case has stirred up passionate debate. Net neutrality proponents are calling for Comcast's head on a platter. The common argument is that Comcast's policy may stifle innovation and competition. If a service provider is allowed to exercise unregulated discretion in how it treats subscriber traffic, it is a slippery slope toward anti-competitive practices. Net neutrality says keep your hands off. Some are preaching net neutrality as if it were an inalienable human right like freedom of speech...