CDA Section 230 has been called "The 26 Words that Created the Internet". While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail. A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the University of Pennsylvania, forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr. Thomas, the university, and many others. more
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
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 on P2P networks used to be mainly with advertising inside downloaded movies and pictures (mainly pornographic in nature), as well as by hiding viruses and other malware in downloaded warez and most any other file type (from zip archives to movie files). Further, P2P networks were in the past used for harvesting by spammers. Today, P2P has become a direct to customer spamvertizing medium. This has been an ongoing change for a while. As we speak, it is moving from a proof of concept trial to a full spread of spam, day in, day out... more
After Two Security Assessments I Must Be Secure, Right? Imagine you are the CIO of a national financial institution and you've recently deployed a state of the art online transaction service for your customers. To make sure your company's network perimeter is secure, you executed two external security assessments and penetration tests. When the final report came in, your company was given a clean bill of health. At first, you felt relieved, and confident in your security measures. Shortly thereafter, your relief turned to concern. ...Given you're skepticism, you decide to get one more opinion. ...And the results were less than pleasing. more
A recent piece in The Markup called Swinging the Vote? attempts to figure out how Google decides where to deliver political e-mail. They were startled to discover that only a small fraction of it was delivered into the main inbox, and a fair amount was classed as spam. They shouldn't have been. This is an example of the fallacy We're so nice that the rules don't apply to us, which is far too common among non-profit and political mailers. more
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
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
WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more
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.”
moreI opined about a year ago that DNS blacklists wouldn't work for mail that runs over IPv6 rather than IPv4. The reason is that IPv6 has such a huge range of addresses that spammers can easily send every message from a unique IP address, which means that recipient systems will fire off a unique set of DNSBL queries for every message... Now I'm much less sure this will be a problem... more
It's been a very bad month for ESPs, companies that handle bulk mailings for their clients. Several of them have had internal security breaches, leaking client information, client mailing lists, or both. Many have also seen clients compromised, with the compromised credentials used to send spam. The sequence of events suggests all the ESPs whose clients were compromised were themselves compromised first. (That's how the crooks knew who to attack.) more
A project named S-GPS or Spammer Global Positioning System, by Microsoft researchers uses spammer identification rather than spam identification to identify zombie-based spammers. more
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
This past week we have been seeing some heavy CNN spam -- that is, spam in the form of breaking news stories from CNN.com... These all look like legitimate news stories, and indeed, they probably are taken straight from an actual CNN news bulletin (I don't subscribe so I wouldn't know). Indeed, the unsubscribe information and Terms of Use actually link to actual CNN unsubscribe pages. However, if you mouse-over all of the news links, they go to a spam web page wherein the payload is either a spam advertisement or you click on another link to download a file and flip your computer into a botnet. more