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Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales

Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products."  more

Searching for Truth in DKIM: Part 3 of 5

Last year, MAAWG published a white paper titled Trust in Email Begins with Authentication [PDF], which explains that authentication (DKIM) is “[a] safe means of identifying a participant-such as an author or an operator of an email service” while reputation is a “means of assessing their trustworthiness.”

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New CIRA Whois Policy Strikes Balance Between Privacy and Access

My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more

Plentyoffish Media Inc. Fined $48,000 for Alleged Violation of Canada’s Anti-Spam Law

The Canadian Radio-television and Telecommunications Commission (CRTC) today announced that Plentyoffish Media Inc. has paid $48,000 as part of an undertaking for an alleged violation of Canada's anti-spam legislation. more

Commentary on the FTC Spam Summit

The following speech was prepared with the intention of using portions of it during the FTC Spam Summit, but CAUCE was not given the opportunity to participate due to time constraints... "I am here today to question. Yesterday we heard how the tenor of the discussion about spam became more mature. How, in the period of time that has elapsed since the last summit, things have developed as an industry. That may be true, but I question if the discussion at hand here this week is truly a big tent effort. I see few anti-spammers here..." more

Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority

People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved dramatically. Still, some anti-spammers hate spam so passionately -- or, perhaps, hope to put a little coin in their pockets -- that we still see a steady stream of lawsuits against email marketers. For the most part, those lawsuits don't win; in the past half-decade, repeat anti-spam plaintiffs have rarely won in court. more

Creating a Police State From the Ashes of the Internet

Former CIA Director, George J. Tenet recently called for measures to safeguard the United States against internet-enabled attacks. "I know that these actions will be controversial in this age when we still think the Internet is a free and open society with no control or accountability, but ultimately the Wild West must give way to governance and control." Mr. Tenet seems about as confused about the internet as the ITU... more

Yet Another Unfortunate CAN SPAM Case

The case Melaleuca v. Hansen has been moving slowly through Idaho federal court since 2007. On Sept 30 the court decided in favor of the defendants. Although the outcome is probably correct, the court's decision perpetuates the misreading of CAN SPAM from the infamous Gordon case that makes it in practice impossible to win a CAN SPAM case in the 9th Circuit. more

Spam Is Never Timely Nor Relevant

One of the ongoing recommendations to improve deliverability is to send email that is timely and relevant to the recipient. The idea being that if you send mail a recipient wants, they're more likely to interact with it in a way that signals to the mailbox provider that the message is wanted. The baseline for that, at least whenever I've talked about timely and relevant, is that the recipient asked for mail from you in the first place. more

Does the First Amendment Forbid Spam Filtering?

A friend of mine wrote to ask: "The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective." Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice. more

Call Spoofing: Congress Calls on FCC, Russia and China Answer

It is both amusing and dismaying. Last year, Congress passed Ray Baum's Act telling the FCC to do something about those pesky incoming foreign SPAM calls and texts with the fake callerIDs. The FCC a couple of weeks ago responded with a chest thumping Report and Order claiming it has "extraterritorial jurisdiction" that is does not have, and promising it will do something. Don't hold your breath on that one. more

Online Drug Traffic and Registrar Policy

Last month I published an article called "What's Driving Spam and Domain Fraud? Illicit Drug Traffic" which explained how the many of the troublesome online crime issues are related to the online sale of narcotics and dodgy pharmaceuticals. Since this article was published we have witnessed one of the largest international law enforcement efforts against online drug traffic (Operation Pangea II)... more

Internet Infrastructure Coalition (i2Coalition) Joins M3AAWG to Reduce Hosting Industry Abuse

The Internet Infrastructure Coalition (i2Coalition) has joined the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) to continue efforts on developing best practices for hosting and cloud service companies as well as sharing other information that will protect end-users. more

How Hard Is It to Deploy DKIM?

It's coming up on two years since the DomainKeys Identified Mail (DKIM) standard was published. While we're seeing a certain amount of signed mail from Google, Paypal, and ESPs, there's still a long way to go. How hard is it to sign your mail with DKIM? The major hurdle might seem to be getting mail software that can sign outgoing mail. more

Why DNS Blacklists Don’t Work for IPv6 Networks

All effective spam filters use DNS blacklists or blocklists, known as DNSBLs. They provide an efficient way to publish sets of IP addresses from which the publisher recommends that mail systems not accept mail. A well run DNSBL can be very effective; the Spamhaus lists typically catch upwards of 80% of incoming spam with a very low error rate. DNSBLs take advantage of the existing DNS infrastructure to do fast, efficient lookups. A DNS lookup typically goes through three computers... more