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
The judge in E360 vs. Comcast filed his order yesterday (read previous postings here and here), and to put it mildly, he agreed with Comcast. It starts: "Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer." ...and from E360's viewpoint, goes downhill from there. more
A reader sent me a link last week to a piece that doesn't speak highly of net neutrality. Clyde Wayne Crews wrote an article called "Dumb Pipes, a Dumb Idea: Net Neutrality as 21st Century Socialism" that calls for legislators to reject "nut" neutrality. "Elevating the principle of mandatory net neutrality above the principle of investor ownership and wealth creation in pipes and spectrum deflects market forces away from the infrastructure development that we need..." Did anyone else see a touch of irony in a letter to the editor... more
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
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
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... more
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... 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
Day two of Domain Pulse 2008 last Friday (see review of day one) focused on online security issues giving the techies amongst us details of security issues, and the more policy-orientated amongst us something to chew on in a few other presentations. Kieren McCarthy, these days of ICANN, also gave some insights into the drawn out sex.com drama with more twists and turns than the average soap opera has in a year! And Randy Bush outlined the problems with IPv6. Among other presentations... more
Well, I read the indictment (available here from Spamhaus.) It's a long litany of criminal behavior, primarily pump and dump stock fraud of a long list of penny stocks from the US and China. Ralsky is described as the "chief executive officer and overall leader" of the scheme... The thing that strikes me about this indictment is that although it includes a lot of CAN SPAM charges, everything Ralsky and Co. did was already illegal under conventional fraud and computer tampering laws. more
Here is a list of the most viewed news and blog postings that were featured on CircleID in 2007. Best wishes for 2008. more
A few months ago, I purchased the book Spam Kings, but only recently managed to get around to reading and finishing it. In case you've never read it, it chronicles the stories of some spammers and the anti-spammers who fought them. These anti-spammers are not people like myself in industry; rather, they are users who have received spam who hunt down the source of the spam and work to bring them down. more
A reasonably well informed article in Thursday's USA Today reminds us that in 2004 Bill Gates said the spam problem would be solved in early 2006, but here at the end of 2007 there's more spam than ever. They go through a laundry list of problems of spambots, new kinds of PDF and MP3 spam, and phishing, and a list of of partial or non-solutions including filters, walled gardens, and an odd system called Boxbe, a hybrid of whitelists, challenge/response, and pay for delivery. Oh, and Bill says he never said spam would be solved... more
The Storm worm has gotten a lot of press this year, with a lot of the coverage tending toward the apocalyptic. There's no question that it's one of the most successful pieces of malware to date, but just how successful is it? Last weekend, Brandon Enright of UC San Diego gave a informal talk at the Toorcon conference in which he reported on his analysis of the Storm botnet. According to his quite informative slides, Storm has evolved quite a lot over the past year... more
If you had an e-mail address any time in the past six years, you've probably gotten spam for something called VigRX for Men, with fairly specific promises that it will make you, ah, manlier. I always wondered how many nitwits could fall for this kind of nonsense. Thanks to a recent class action settlement, we now know that there have been quite a lot of them. A class action suit filed in 2001 in Colorado settled recently, with some quite amazing info in the documents available at http://lemsettlement.com. LEM stands for Leading Edge Marketing, the name used by the defendants for several companies in the US, Canada, and the Bahamas. more
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