Spam

BMW Goes After BMW.cat

In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false.

CAN SPAM Applies Even Within a Single Provider

I recently came across a copy of a ruling in the bizarre case of MySpace vs. theglobe.com. Theglobe.com was the ultimate dot.com bubble company. It started up here in Ithaca, and went public at the peak of dot.com hysteria with one of the the greatest one-day price runups ever. Since then they bought and sold a variety of busineses, none of which ever made any money, including the Voiceglo VoIP service which appears to be what the spam was promoting.

Opt-In Permission for Mailing Lists: Is It Enough?

For some time now I have contended that Confirmed Opt-in, 'COI' is dead, or at the very least on life support. It certainly is not a major factor in the continued relation between sender and receiver; that relies far more heavily on the ongoing and historical reputation of the mailer and the mail stream. Proof of permission doesn't scale; end-users complain all the time, but it is rare if not impossible for a receiving site to request proof when an end-user complains, then the receiver complains to the sender, and the sender says that permission was actually in place. Much more commonly, the sender unsubscribes the address and moves on, permission or not, since the subscriber doesn't want the mail any more. But then, I recently had two eye-opening experiences...

Will Arrest Stem Tide of Spam?

Legitimate email marketers, anti-spam groups and beleaguered recipients got a bit of good news with the arrest last week of a man described as one of the world's most prolific spammers. Robert Alan Soloway, 27, dubbed "the Seattle Spammer" by federal officials, was indicted on 35 charges related to fraudulent Internet activities. Soloway pleaded not guilty to all charges at his May 30 arraignment. You can read more here. Although it's always great when a notorious spammer gets put out of business, such actions probably won't result in a drop in the amount of spam that gets sent...

The New Hong Kong Anti-Spam Law, and a Small Fly in the Ointment

Well, it has been quite a while since first the Hong Kong OFTA (in 2004) and then CITB (in 2006) issued requests for public comment about a proposed UEM (Unsolicited Electronic Messaging) bill to be introduced in Hong Kong, for the purpose of regulating unsolicited email, telephone and fax solicitations. We're a large (worldwide) provider of email and spam filtering - but we're based in Hong Kong, and any regulation there naturally gets tracked by us rather more actively than laws elsewhere. We sent in our responses to both these agencies... The bill is becoming law now - and most of it looks good... There's one major fly in the ointment though...

Domain Speculation: Attack of the TechnoPinkos

This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better...

Hotmail Running Its Own SMTP Variation

Companies sensible to effective delivery of email to all free email services may have noticed problems with deliveries to Hotmail addresses. Despite the SMTP dialog ending with a successful "250" return code, recipients don't see the message. In their Guidelines, MSN require thorough compliance with IETF standards. However, it seems they have their own interpretation about provisions for Delivery Status Notifications, a.k.a. bounces, that servers must send after they have accepted responsibility for delivering the message...

Stop! Don’t Forward That E-mail!

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...

ICANN’s WDPRS Report and Plan to Clean Up Whois Records

ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year...

Oklahoma Spammer Fighter Loses Even Worse

Last December I wrote about Mark Mumma, who runs a small web hosting company in Oklahoma City and his battle with Omega World Travel a/k/a cruise.com. Mumma lost his CAN SPAM suit agains them in December, but Omega's countersuit for defamation went to trial last week, and I hear that the jury awarded Omega $2.5 million in damages, which Mumma is not likely to be able to pay. This may be painted in some circles as a huge defeat for anti-spam activists, but it's not...