Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Spam

Fighting Spam With A 17th Century Law 344

A reader writes "Here is an interesting article which describes how a law from the year 1610 could make Spam illegal in Australia. The same story in german can be found here." Actually, since the law stems from King James I (the VI, if you are Scottish), as such, could be held British Commonwealth wide.
This discussion has been archived. No new comments can be posted.

Fighting Spam With A 17th Century Law

Comments Filter:
  • by InterruptDescriptorT ( 531083 ) on Monday February 25, 2002 @10:38AM (#3064756) Homepage
    It's well known that this was enacted after this scroll was found kingdom-wide, causing no end of ladies to faint, the filling of dustbins and a temporary shortage of parchment:

    Lords and squires,

    Were you aware of the fact that you could increaseth the size of your penis by as much as half a cubit? Come visit the apothecary and essay the new miracle tonic by Dr. Goodfellow! You'll have all the fair maidens screaming, 'Good Knight!'


    :)
    • by wiredog ( 43288 ) on Monday February 25, 2002 @10:46AM (#3064800) Journal
      IIRC, a cubit is roughly 3 feet (1 meter). I think the ladies would run screaming for the exits if they saw that waving around!
      • by Raetsel ( 34442 ) on Monday February 25, 2002 @11:13AM (#3064946)

        Geez... I always thought a cubit was defined as the distance from a grown man's elbow to his outstretched fingertips. I do know it's commonly accepted to be approximately 18 inches (which converts to about 0.457 meters).

        Still... adding on 9 inches could be... painful. Just ask any woman who's had her ovaries jostled by an overeager fellow -- feels a lot like a kick to the goolies for the guys. It'll end the festivities REAL quick.

        • "...run screaming for the exits..."
        Certainly a very possible reaction -- that, or they nominate the fellow for "Hung Jury." (Don't know what Hung Jury is? Use your imagination, or look it up. Hint: dating for women who like to "live large.")
      • > IIRC, a cubit is roughly 3 feet (1 meter). I think the ladies would run screaming for the exits if they saw that waving around!

        "Forsooth, I was once known as Sir Launcelot, yet after trying this mirackle programme, the fair maidens call me Sir Lotsa-Lance!"

  • by cecil36 ( 104730 ) on Monday February 25, 2002 @10:39AM (#3064764) Homepage
    I wonder what type of legal precedent could be set should a ruling be made against spam. I could imagine the judge saying "Thou art guilty of spamming. Thou shalt be sentenced to spend the rest of thy mortal life with Bernard Shifman in the royal dungeon."
  • by tannhaus ( 152710 ) on Monday February 25, 2002 @10:39AM (#3064765) Homepage Journal
    someone shed some light on this. I just don't see how it would apply to spam. It sounds to me like they're grasping with straws here. We have several trespassing laws in the US, but I think any judge would strike down a case against a spammer using such laws.
    • Attorney: yes (Score:5, Interesting)

      by hawk ( 1151 ) <hawk@eyry.org> on Monday February 25, 2002 @11:06AM (#3064912) Journal
      I am an attorney, this is not legal advice. If you need legal advice, contact an attorney licensed in your juridiction.


      I've been suggesting this approach for years (but wihout the bungled reporting). When the spam enters your system, it exerts physical dominion over your chattels (the bits, the head mechanism, draws additional power, etc.). Trespass clearly applies, just as when some dolt lifts you windshield wiper to insert an ad.


      The reporting is a bit mish-mashed, though: Common Law comes from the courts, yet it reports trespass as coming from a particular king (and it would have to have been a king *and* parliament).


      I've always assumed trespass to chattels to be Common Law, not a statute, but I'm not willing to spend a half a day looking it up . . . my guess is that the seminal cases in the courts date to his reign, and possibly were decided by the high court known as "the King's Bench," which followed him about England hearing cases & appeals . . .


      hawk, esq.

    • Applying tort law to computer systems is something that has been emerging recently. There have been similar arguments such as that to the hacker, where there is a trespass to your systems once it is hacked and you may seek damages if hackers damage your stuff (eg delete it). Unfortunately, because tort law is quite old and wasn't designed with computer systems in mind, there have been problems such as the fact that although deleting information may amount to trespass (ie damage to chattels), you need to rely on another legal authority if they don't actually delete stuff - ie if they just hack your system and do nothing (or snoop around).

      Given that, we'll have to see how the case will turn out, but the common law precedence so far has had some problems in applying similar tortious concepts to trespass for computer systems.

      Note that this is a classic situation where it is a matter for the government to legislate against, and not something you should litigate in court by relying on dodgy authority from 400 years ago.
    • A lot of spam works through taking advantage of open relays. Due to the way abusing them works, I don't think it counts as cracking the mailserver (At least I certainly hope it doesn't, that could put a real damper on my hobby of sending out crank email.)

      However, using someone else's mailserver to forward your spam without that person's permission would certainly count as interfering with another's goods and chattels.
  • Can't we do better? (Score:5, Interesting)

    by Anonymous Coward on Monday February 25, 2002 @10:39AM (#3064767)
    Why only go back 400 years? Let's fight spam with the Magna Carta [nara.gov]:

    All Merchants (if they were not openly prohibited before) shall have their safe and sure Conduct to depart out of England, to come into England, to tarry in, and go through England, as well by Land as by Water, to buy and sell without any manner of evil Tolts, by the old and rightful Customs, except in Time of War.

    See, spammers are merchants selling stuff, but not by the old and rightful Customs, in peacetime. It works, and the stretch is... just as rubbery.

    Bring some 1297 smack down on em. It should be just as effective.
    • First of all, this passage's connection to spam is even more tenuous than the other law being discussed. More importantly, the Magna Carta does not give any rights at all to the average man - it was intended for the protection of nobles - so the only people who'd benefit from this would be the House of Lords. Shame, though. I rather suspect the penalties for violating this part of the Magna Carta are...interesting.
    • by dgroskind ( 198819 ) on Monday February 25, 2002 @11:19AM (#3064980)

      Bring some 1297 smack down on em.

      What about some 1780 BC? Hammurabi may well have been anticipating spam in his Code [wsu.edu]:
      If a shepherd, without the permission of the owner of the field, and without the knowledge of the owner of the sheep, lets the sheep into a field to graze, then the owner of the field shall harvest his crop, and the shepherd, who had pastured his flock there without permission of the owner of the field, shall pay to the owner twenty gur of corn for every ten gan.

      And he was clearly thinking of sys admins who left open email relays when he decreed:
      If any one be too lazy to keep his dam in proper condition, and does not so keep it; if then the dam break and all the fields be flooded, then shall he in whose dam the break occurred be sold for money, and the money shall replace the corn which he has caused to be ruined.

      "Is there any thing whereof it may be said, See, this is new? it hath been already of old time, which was before us." --Ecclesiastes, 2:9

    • to buy and sell without any manner of evil Tolts

      Now that this thread has pretty much settled the definition of a cubit, any enlightenment on "Tolts" - evil or otherwise?

      You must be present to win.
  • you know very well (Score:4, Insightful)

    by ch-chuck ( 9622 ) on Monday February 25, 2002 @10:42AM (#3064779) Homepage
    that, at least in the U.S., absolutely NOTHING i$ going to happen untill $omebody make$ a buck doing it.

    Just noticed that Earthlink, out one side of their mouth, has "spaminator" prevention tools, then out of the other side, a "mass email marketing tool" you can purchase. Cheez. They probably make $$$ sending spam, then turn around and make $$$ blocking it, just like the phone companies charging a fee for caller-id, then charging a fee for caller-id-blocking.

    • Earthlink's "Spaminator" is free, but it's just about useless. It catches about 1% of my incoming spam. SO they aren't making money on the blocking end, but they're probably making a killing selling their customer e-mails lists and conviently not blocking them in Spaminator.

      Also, IIRC, Federal Law in the US prevents telco's from charging a fee for blocking your caller ID information.
  • Precedent for US? (Score:3, Interesting)

    by dschuetz ( 10924 ) <.gro.tensad. .ta. .divad.> on Monday February 25, 2002 @10:42AM (#3064781)
    The article didn't go into too many details as to what the 1610 law specified ("The ancient law forbids a person from interfering with the goods and chattels of another person without their consent" was about all I could find).

    But the line "The law was brought in under King James I, and by extension it can be valid throughout the Commonwealth" intrigues me. Much of the legal system in the US is based on English law, from what I understand, and I believe that we often refer to precedent set by the laws governing the colonies, or England, before the creation of the US.

    So, there's even a chance that a good lawyer could make use of this law in the US. I think. Anyone care to comment on this angle?
    • by JDizzy ( 85499 ) on Monday February 25, 2002 @10:57AM (#3064864) Homepage Journal
      YES, that is true. The people in the USA offten refer to ancient laws from the coloniel days. Mainly to point a finger at the Salem Witch trials, or the church rule of small communities, and sometimes we refer to the way in that the red-coats were searching, and seaizing false evidence, or how they would torture confessions out of inocent people. Yes, we look at the old laws offten, mainly to find how NOT to reproduce the mistakes of years past. After all, those laws are the basis for the bill of rights. We certainly have much to thank the British for, their tyrany forced a more free country into existence.
      • The Founding Fathers (who were toasting the King's health on the eve of the signing of the Declaration of Independence) were, in fact, going to war to defend and secure for themselves the "rights of Englishmen," rights which were theirs by virtue of citizenship in the British Empire, and of which they were being deprived. Why did the American Revolution produce such a civilized form of government while most other colonial revolutions throughout history have collapsed into bloody chaos? Because it was, in essence, Englishmen doing the fighting on both sides.
  • Comment removed based on user account deletion
  • Yeah right (Score:3, Funny)

    by NiftyNews ( 537829 ) on Monday February 25, 2002 @10:46AM (#3064802) Homepage
    Yeah right, as if this would ever hold up in court.

    What's the penalty, being placed in a stockade? 30 Lashings? Or maybe getting tied up and tossed off the front of a moving ship like pirates used to do?
    • by smnolde ( 209197 )
      Being tossed off the front of a moving ship is called keel-hauling. Usually you're tied to a rope around the waist, thrown off the front and then you must swim down to prevent being hit by the keel and rudder. When (and if) you survive coming out the aft you're pulled up and out of the water only to be thrown back off the front.

      Rinse - lather - repeat.
    • "Or maybe getting tied up and tossed off the front of a moving ship like pirates used to do?"

      That's called keelhauling, by the way. Nasty way to go. The rope is tied to the front of the boat, and by the time you're at the rear, you've been concussed, drowned - not fun.
  • Funny, I didn't see any mention of what the penalty is for the ancient crime. If it has anything to do with a head being chopped-off, then I vote to enact the law in the entire common-wealth. Then we Americans can export our spammers to these places where they can be put to death! Honestly, if the punishment is not fitting of the crime, then the criminals will continue to attack inocent email addresses.
  • But England finally has a valid argument why the US should give the colonies back.

    -Dennis
  • Use your brain (Score:2, Insightful)

    Maybe the problem isnt spammers, it's the idiots with email accounts. Of course your going to get mad spam if you give out your email address so freely. I have several email accounts. One strictly for receiving email from family and close friends, and another for the purpose of when i have to submit my email address to websites for various reasons.

    And guess what, i never get spam in the email account i use for family and friends. Spammers can only send you junk mail if they know your address, so use your brain and stop giving it away.

    Just as birds will surely shit on the hood of your car, your going to get spam. We dont need arcane laws to prevent something we can all not have to deal with if we just bump up our iq a notch or two.
    • Re:Use your brain (Score:4, Interesting)

      by grungeKid ( 4260 ) on Monday February 25, 2002 @11:06AM (#3064908) Homepage
      By the same logic, the problem with breaking and entering is not the burglars, but rather the homeowner who doesn't install enough locks and anti-burglar alarms. I don't buy that.

      Why should I have to make it harder for people to legitimatley contact me, by for instance obscuring my email address on my web page [well, actually my webpage is down, so don't click that link]?

      Anyway, spammers can guess your address even if it has never been published anywhere. Try to set up a mail server acting as a MX for some newly registered .com domain. It *will* get probes by spammers trying to send a email to "joe@somecompany.com"
      • Re:Use your brain (Score:2, Interesting)

        by -brazil- ( 111867 )
        Better yet, get your hands on any system through which a lot of traffic is routed. Grep all traffic on SMTP and POP3 for email addresses. Be sure to have a huge HD to save the millions of valid addresses (if you look only at the envelope).


        Fact is, if you send an email, it usually goes through dozens of systems, each of which could log your address and sell it to a spammer.

  • by jfrumkin ( 97854 ) on Monday February 25, 2002 @10:52AM (#3064830) Homepage
    Hmmm, no one expects it.....
  • by bachelor3 ( 68410 ) on Monday February 25, 2002 @10:54AM (#3064834)
    The ancient law forbids a person from interfering with the goods and chattels of another person without their consent.

    Ah, I remember the first time I had my chattels interfered with. It was at a drive-in...uh...no, wait. I think I misunderstood.
  • Cool! (Score:5, Funny)

    by Bob McCown ( 8411 ) on Monday February 25, 2002 @10:55AM (#3064838)

    Does that mean that 17th century punishments apply? Beheading? Burning at the stake?
    • Re:Cool! (Score:3, Funny)

      by heikkile ( 111814 )
      Does that mean that 17th century punishments apply? Beheading? Burning at the stake?

      Too kind for them. No, we will deport them to Australia!

  • by fanf ( 79565 ) <dot@dotat.at> on Monday February 25, 2002 @10:55AM (#3064840) Homepage
  • Thall shalt not spam.

    or

    Spam and ye shall be beheaded.

  • Comment removed (Score:5, Informative)

    by account_deleted ( 4530225 ) on Monday February 25, 2002 @10:56AM (#3064857)
    Comment removed based on user account deletion
  • Old news. (Score:3, Interesting)

    by www.sorehands.com ( 142825 ) on Monday February 25, 2002 @10:57AM (#3064863) Homepage
    Tresspass to chattel has been uphelp in Intel v. Hamibi.

    Scraping has been uphelp under the Computer Fraud and Tresspass act.

    SPAMMERS that get email off of websites, are breaching copyright and terms of use (or at least on my site) on a website with a carefully crafted terms of use.

  • Now that will work (Score:5, Insightful)

    by duvel2 ( 558047 ) on Monday February 25, 2002 @11:00AM (#3064876)
    Isn't it time to face the fact that the spammers don't care about the legality of their actions?

    As is mentioned in the article, and as has been shown over and over again, spammers don't have an inch of morals. It would even seem that (at least in Russia) they're usually part of bigger crime syndicates;

    So it doesn't really matter whether you can find a law to outlaw spamming. The spammers will never care about such a law. As long as there's money to be made, these kinds of illegal activities will continue. And even if spam would be outlawed, as it doesn't seem like there will be a 100% working filter for spam in the near future, all the spammers have to do is remain somewhat anonymous (or out of jurisdiction) to avoid prosecution.

    Sad but true: nothing can be done against them.

    • Isn't it time to face the fact that the spammers don't care about the legality of their actions?

      True enough, the spammers probably don't give a damn about what pathetic legislation can be brought against them at the moment, especially the hardcore responsible for the bulk of it. More serious legislation to let you go after the spammers, the ISP hosting them and maybe even the luser whose open relays were used would still be a further deterrent though.

      That aside, I don't think you can win the fight against spam by going after the spammers directly either, but what is required is to remove their support infrastructure and watch them wither on the vine. If spammer friendly ISPs are more liable for the actions of their customers then we might stand a better chance of reducing spam. My dial up ISP in the UK, Demon Internet [demon.net], has recently institued a policy of pulling the plug on it's customers before notification of the customer if they are, or are being used to, spam. Like any legislation this is a start, and every little helps... the more ISPs that implement similar procedures the better.

  • by DrWhom ( 561655 ) on Monday February 25, 2002 @11:03AM (#3064894)
    Well, okay ... that's the porn sorted. D'you think we could use the Anti-Witchcraft laws now to get rid of pop-ups, pop-unders, pop-bys and the rest!?
    • Yeah, sounds great. After all, for trespass the penalty was probably only a few hours in the stocks (less comfy than it sounds, since the villagers got to throw stuff). But burning whoever invented pop-ups at the stake sounds just about right...
    • Why not just use anti-cracking [wired.com] laws, laws against denial of service attacks [netscape.com], and laws that require (some?) sites to be reasonably usable [w3.org] by a blind person? Note that none of these laws are really "new" or specific to the tech world: there are "real-world" laws against breaking and entering with the intent to steal, breaking other people's toys, and building a store that is unnecessarily difficult for disabled people to navigate.
    • That, oh honorable one, is why there be dragons [mozilla.org] for thee. Thou can be protected from the inniquity of pop-ups by placing this dragon to guardeth thy computer.

      (0.9.8 has all sort of Javascript options; can you say "goodbye popups"?)

      - Sam

  • by cduffy ( 652 ) <charles+slashdot@dyfis.net> on Monday February 25, 2002 @11:08AM (#3064918)
    The law, if extended to email, could apply to any mail or network traffic affecting a computer owned by someone else. As much as getting rid of spammers may be a Good Thing, we really, really don't want it applied to email (or any form of network traffic) lest you find yourself getting sued for trying to connect to the wrong address by mistake (after all, a new log entry was created -- you altered the owner's machine without his consent!)
  • by mirko ( 198274 ) on Monday February 25, 2002 @11:14AM (#3064953) Journal
    The ancient law forbids a person from interfering with the goods and chattels of another person without their consent.

    Hmmm... Now if we respect this like they did respect it sounds like,m thislaw meant : "Don't touch my property while I steal yours"...

    Examples:
    • Slavery
    • Colonization
    • ...

    So, my advice would be never to invoke a law that not only has never widely been followed but also is totally dumb: If you interfere with some people's Bell because you want to contact him, he should not sue you.

    So, I think this law itself is antisocial even though I agree with the fact we have to kick the spammers.
  • "This material is subject to copyright and any unauthorised use, copying or mirroring is prohibited. "

    Darn it! I've just broken this law by going through 2 web caches and my own computer - thats 3 copies, will I be hanged?
  • by studerby ( 160802 ) on Monday February 25, 2002 @11:27AM (#3065012)
    "Trespass to chattels" is a valid and active legal theory in the U.S. as well.

    Among the recent notable cases where it was bandied about:
    CompuServe, Inc. v. Cyber Promotions, Inc., 962 F. Supp. 1015 (S.D. Oh. 1997)
    Intel Corp. v. Hamidi, 1999 WL 450944 (Cal. Super. April 28, 1999)
    eBay, Inc. v. Bidder's Edge, Inc., 100 F. Supp. 2d 1058 (N.D. Cal. 2000)

    I haven't looked at the cases to see if it was actually effective in those decisions (though in Intel/Hamidi I seem to remember that it was the linchpin in the final decision)

    For those in the know, this ain't exactly news...

    A good resource on the topic can be found here [tomwbell.com]

    • though in Intel/Hamidi I seem to remember that it was the linchpin in the final decision
      The downside with Intel v. Hamidi is that the California appeals court ruling explicitly said that damange was caused by many emails to a targeted business computer. One judge wrote that a person receiving one or two emails on his home computer does not suffer sufficient damage to seek relief for tresspass to chattels.

      • The downside with Intel v. Hamidi is that the California appeals court ruling explicitly said that damange was caused by many emails to a targeted business computer. One judge wrote that a person receiving one or two emails on his home computer does not suffer sufficient damage to seek relief for tresspass to chattels.

        Just to hypothesize, I wonder if the same could be said on behalf of the large ISP that handles the "one or two" spam emails on behalf of, say, ten million people.
    • Several years ago, Earthlink won a TWO MILLION dollar court judgment against a spammer. I doubt if the judgment was ever paid, of course, but there it is. Someone more interested can probably look up the details quickly enough.
  • Trespass is generally a criminal offence, not a civil one :) Jail the spammers!
  • Let's hope it involves torturing the spammers on the rack, hanging them up by their thumbs and shoving red hot pokers up their backsides.
  • Criminalizing alcohol sure made that disappear real fast. And seeing as how we've been fighting the War on Drugs for over 20 years, it sure is hard to get a bag of dope these days. And piracy! With all the laws against making copies of music, movies, and software, that's not a problem at all!

    Making spam illegal won't make it go away. A law is just words in a book somewhere, and has no effect unless enforced. And enforcement means finding people and locking them away.
    1. do you really want that to happen? REALLY?
    2. do you think it's actually possible to find these people and prove them guilty?
    3. holy christ man, put a man away for 10 years in federal pound-me-in-the-ass prison just for sending you a toner ad? You've got issues.
  • by citizenc ( 60589 ) <caryNO@SPAMglidedesign.ca> on Monday February 25, 2002 @01:27PM (#3065653) Journal
    Spammers can make $1 million a month and many are part of international crime syndicates, Kim Heitman, chairman of internet rights group Electronic Frontiers Australia, said.

    If they're part of an international crime syndicate, do you think we could form a little geek syndicate of our own and start a war? :)
  • Clarifications (Score:3, Informative)

    by TekPolitik ( 147802 ) on Monday February 25, 2002 @02:48PM (#3066153) Journal
    1. Common Law, not Statute

    As others have pointed out, this is a Common Law rule not a Statute, and it's a lot older than 1610, dating back to the 1400s. And it's a civil (torts) matter, not a criminal one.

    2. Potentially Applies Throughout the Common Law World.

    The most significant cases for this are The UK (except Scotland), the US (except Louisiana), Canada (except possibly Quebec), Australia and New Zealand.

    3. Only Applies Where Implied Consent is Negated.

    There is clearly implied consent for person-to-person email, even if inadvertantly misdirected. The assertion in this case is that there is no implied consent for spam.

    4. This is NOT Going to Cause Paranoid Problem X.

    The issue of implied consent, which is dealt with by the courts in remarkably sensible ways, prevents every single absurd outcome suggested here. This will only nail things that society considers abusive practice.

    5. You Can't Draw Conclusions of Law Based Solely on a Brief Article in the Popular Press.

    It takes other things, like, for example, knowledge of the way courts interpret things, and in the case of Common Law, full knowledge of all the rules involved (which are many) to draw conclusions with any validity.

  • by Spoing ( 152917 ) on Monday February 25, 2002 @03:43PM (#3066434) Homepage
    ...I use a few tactics to thwart the vast majority of this dreck personally.

    First, the basics;

    1. Turn off HTML email viewing.(*)
    2. Turn off return reciept.

      If you have your own domain, do not reply to innocent-sounding email that looks like it was sent to the wrong mail address. 9x out of 10 it wasn't. They are polling for your valid address and just want a response so they know who really should be spammed.

    Next, the filters (personal, not network wide -- sorry!);

    1. If the To:/Cc: fields are directly to one of your valid accounts (not a mailing list), allow it through.
    2. If it is From:/To:/Cc: a known good address or list, allow it through.

      All other mail is shuffled to Spam.

    None of these filters will prevent spam from simply being mailed To: you directly. Yet, if you check your spam headers you'll see that only a small sampling actually do this -- they don't want to send out individual messages. It raises thier profile too much.

    Also, yes, this will not catch the case where you are added innocently to a mailing list by an unknown sender. That's why I suggest that you do not delete the spam automatically. (I've determined that most folks who do this are people I don't want to talk to anyway, so it kind of works out even if the message isn't delivered.)

    Now, if you want to apply more sophisticated filters, go ahead. A blank or missing "To:" field seems to be popular with spammers these days.

    For me, I'm not going to bother. I fiddled around with those for about a year four years ago and ended up deleting good mail accidentially and learning more about Procmail -- not that learning about Procmail is a bad thing.

    * To prevent someone from figuring out that your address is a good one, ofcourse. Viewing rendered HTML email may, depending on the viewer, give a hint that they have a valid address. Some mail programs do allow you to render the HTML without fetching resources from a remote server. When in doubt, do without.

He has not acquired a fortune; the fortune has acquired him. -- Bion

Working...