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FTC vs Spammers 268

binaryDigit writes "The San Jose Mercury News has an article on the FTC getting ready to take action on an (alleged) spammer. 'The Federal Trade Commission said today that after receiving about 46,000 complaints it had asked a federal judge to halt the operation.' Too bad it took 46000 complaints to prompt some action, but at least some action is being taken. The FTC will focus on the "deception" involved (innocent and misleading subject lines, bogus (but real) from/reply to addresses, etc)."
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FTC vs Spammers

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  • by rcathcart ( 658596 ) on Thursday April 17, 2003 @12:51PM (#5752814)

    after receiving about 46,000 complaints

    You've got to wonder why they didn't wait for 100,000.
  • About time (Score:3, Interesting)

    by DaedalusHKX ( 660194 ) on Thursday April 17, 2003 @12:52PM (#5752827) Journal
    About time :)

    Lets see if it actually helps deter them or if it just forces them to take different paths to annoying us further...

    -DaedalusHKX
  • by Evil Adrian ( 253301 ) on Thursday April 17, 2003 @12:52PM (#5752830) Homepage
    It's a shame that nowhere in the article does the FTC even imply that the spammer will be sent to a federal pound-me-in-the-ass prison.
    • by ralico ( 446325 ) on Thursday April 17, 2003 @01:18PM (#5753042) Homepage Journal
      Well, if they did, it would be a new avenue for pr0n spam, "Get Free pics of spammers getting poiunded in prison..."
  • Lonely (Score:5, Funny)

    by The Bungi ( 221687 ) <thebungi@gmail.com> on Thursday April 17, 2003 @12:52PM (#5752833) Homepage
    The FTC accused Brian D. Westby, of suburban St. Louis, of using the e-mail spam operation to drive business to an adult Web site called "Married But Lonely."

    Hopefully Mr. Westby will heretofore be "Lonely with Guido" in a minimum security facility for at least a few years.

    We can only hope.

    • Please God (Score:3, Interesting)

      by Glonoinha ( 587375 )
      Please God let it be those fuckers carpet bombing the planet with the 'Click Here to meet Married Women in your town' spam. Their return address and Subject lines morph into something different every message, the entire message is HTML encoded to break up every character of every word (makes it a bitch to filter,) and they are fire-hosing down every email address I have so I don't think it was me 'opting-in' to anything because I wouldn't have opted in every damn email address I have.

      If it is this Brian D
    • Well I found the Spam from the site "Married But Lonely." was the most annoying type. I usually fight off most of my Spam mail and after one or 2 tries they stop. but those guys were spamming me once or twice a week. I am really glad the the FTC is handling it. because every time I get a spam from them I forward to uce@ftc.gov and then I bounce the message back (message cannot be deleviver user not found) Hoping other people will do this and flood the relaying mail server. That site in my book is the
  • by CrazyJim0 ( 324487 ) on Thursday April 17, 2003 @12:53PM (#5752834)
    Don't use my phone, email, pager, mail, or any personal communications methods to try and sell me something without my prior consent.
  • 46000 (Score:2, Insightful)

    by zenintrude ( 462825 )
    It's times like these that it's quite obvious that people are not being adiquetly represented by our government...


    46000, and then they decide to take action... that's awful.

    • Re:46000 (Score:5, Funny)

      by GGardner ( 97375 ) on Thursday April 17, 2003 @01:05PM (#5752932)
      The article didn't mention how many minutes it took for the FTC to get these 46k complaints...
    • Mmmm, if it takes tens of thousands of complaints to take action on one spammer...

      /me scribbles some formulae on a napkin

      Given the overall population growth on Earth and the amount of spammers, we'll reach equilibrium on the year 7&J!xO"^Ks f#

      NO CARRIER

    • While I dont have actual numbers, I would think that there are at the very least a hundred million people in the US (and I could be way low here, which I probably am, but thats not really the point), so if less than 1% of them complained, thats 1,000,000 people, and 46,000 of that is less than 1%, so we're talking less than .5% of the population feels a certain way, and the FTC is doing something.

      I would say the gov't is most certainly doing its job.

      • According to my girl, who just happen to live in the US, there was about 281,421,906 US citizens on April 1st 2000... seems like you should readjust your percentages slightly.

        Still, it is good to see that action is taken!

      • 46000, perhaps that's the number of complaints against this one email this spammer sent out. They couldn't charge him with spamming emails sent by others now could they?.

        Perhaps the lesson here is to send all spam to the FTC, and keep sending everything you receive until their mail servers explode.

  • by Boss, Pointy Haired ( 537010 ) on Thursday April 17, 2003 @12:53PM (#5752838)
    This is the obligatory SPAM thread plug for bayesian filtering.

    If you're not already doing it, give it a go in one of its many forms.

    I've been using POPFile [sourceforge.net] for ages and it works a treat.
    • by trentfoley ( 226635 ) on Thursday April 17, 2003 @01:17PM (#5753037) Homepage Journal
      I run a small mail server with a dozen or so accounts. I have been using spamassassin for quite a while and it has been awesome.

      However, there have been a slew of recent spams that have made it through. The subject lines are simple things such as "Hello". This is also the same subject line of ALL of my mother's emails; after all, that's how she answers the phone. The content is nothing more than an image tag pointing to a screenshot of the ad. Spamassassin doesn't complain since there is not enough wrong with the email - they usually score around 1 or 2 (which is way too low to set a threshold, 5 is reasonable). I could alter the scoring rules, but that would create way too many false positives since many emails are just links to political cartoons and the like.

      I don't think bayesian filtering would help the problem.

      I keep forwarding them to uce@ftc.gov. Maybe I'll submit the 46,000th entry and win a prize!

      • by Mr Guy ( 547690 ) on Thursday April 17, 2003 @01:50PM (#5753286) Journal
        Bayesian WOULD help you.

        The Bayes filter would decide that since it had a short subject line, it wasn't coming from someone you know (names on whitelist are always non-spam), and it contains IMG SRC but no other POSITIVE hits, it's would score VERY likely spam on a properly trained filter.

        The only problem you may have is if your mother regularly sends you pictures of her dog with a subject line like Here.

        HTML email by itself scores very high on probability for spam, because very few people besides spammers use it. Those people are generally vetted by their other content.
      • Whitehat your Mom's email address, block all others with the "hello"
      • heh, ever seen the one that has a faked message from you? like
        "hey dude, here's that url you wanted
        http://whatever.porn.site

        good, huh?

        >you said:
        >hey man, where can I get those photos?"
        -yourname

        " ... those slip through on occasion.
        Or, spam that has nothing but a URL. That's it. Just a URL.
        Damn spammers.
    • by Eric_Cartman_South_P ( 594330 ) on Thursday April 17, 2003 @01:21PM (#5753070)
      Take a look at http://www.boolean.ca/hotpop/ "HotPop". It is a proxy that gives you POP3 access to your Hotmail account. So you can have: Outlook (connects to) POPFile (connects to) HotPop

      Result? In Outlook, you get all your POP3 accounts and Hotmail, delivered into one inbox with no spam. Never need to manually check Hotmail etc. And with a hotsync, it all goes into my Palm Tungsten T. Sweet. And for the un-1337, POPFile is easy to setup and use on Wind0z3 b0x3n :)

      One more thing... DISABLE ANTIVIRUS E-MAIL SCANNING before you install POPFile. Don't re-ename the scanning software until after everything is talking to everything else perfectly.

  • Maybe... (Score:4, Funny)

    by Madsci ( 616781 ) on Thursday April 17, 2003 @12:53PM (#5752841)
    ...if we get 46,000 complaints about Rick Berman, the FTC will take some action!
  • Does this mean that Slashdot can now sue trolls and crapflooders?
  • by st0rmcold ( 614019 ) on Thursday April 17, 2003 @12:54PM (#5752845) Homepage

    All spammers are bad, but they gotta start with the worst in these cases. It's true that a deceptive email subject line bringing you to a porn site is alot worse than someone trying to sell you a pair of shoes (to parents anyway).

    So even if it's not everything, it's a step in the right direction, I am happy :P
    • All spammers are bad, but they gotta start with the worst in these cases.

      Starting with the worst cases makes it easier to establish a strong precedent in spam cases. If they started with the naive flower shop that sent a mailing to a questionable mailing list...they would get sympathy from the jury for the defendent.

      The same is true with getting 46,000 emails to support a particular case...since it shows massive disgust with spammers.

    • I agree in theory, but disagree in practice. Rather than going after the big fish and then heading on down the line, if you hit them all equally, you'll strike fear in all spammers, not just the big ones.

      Analogy: you've got a few illegal MP3s on your HD, and you see the RIAA cracking down on those with thousands of MP3s... You're not worried, they've got bigger fish to fry. But if they simultaneously go after the little guys too, you'll think, "that could have been me!" and be scared. More so at least
  • The FTC accused Brian D. Westby, of suburban St. Louis, of using the e-mail spam operation to drive business to an adult Web site called ``Married But Lonely.''
    Would anyone in St. Louis like to ask this guy what his take on it is?
  • by Elvisisdead ( 450946 ) on Thursday April 17, 2003 @12:54PM (#5752850) Homepage Journal
    Possibly uce@ftc.gov? That's the address I've been sending them to.
  • by Justen ( 517232 ) on Thursday April 17, 2003 @12:56PM (#5752863) Homepage Journal
    The FTC has become a joke lately. Even Congress thinks [wired.com] so (on the issue of privacy).

    From credit to business mergers to privacy, and, yes, spam, the FTC seems to always screw up something. (While the companies were busy forgetting due diligence, you can bet the FTC was, too...)

    They'll likely compile a list of all the email addresses that were spammed to and make them available to spammers.

    Now that's my government working for me!

    justen
    • by Anonymous Coward
      Au contraire..

      FTC privacy regulations are being accused of being too hard to follow for website operators! Aren't Slashfolk for _more_ privacy?

      FTC apparently is doing a pretty good job overall..

      Excerpts from recent Wall Street Journal article:
      (April 4th 2003 by John Wilke)
      "Devout Reaganite Becomes
      An Unlikely Enforcer at FTC"
      "Indeed, of the few federal regulatory agencies that really matter, his stands out because it's functioning vigorously: The Federal Communications Commission is nearly paralyzed, with
  • by lionchild ( 581331 ) on Thursday April 17, 2003 @12:59PM (#5752885) Journal
    Consumers who selected an option to ``unsubscribe'' and stop receiving these e-mails received an error message, the agency said.

    Y'know, it's funny how while laws might require them to have an address to contact to become unsubscribed from the list, I'm wondering where the enforcement is. Or, where they're required to have a working address?

    • Well, they once worked. Of course, after the first few thousand complaints, even Hotmail and Yahoo pull the plug. Besides, they were over quota (it's not like anyone was actually reading them, after all.)
    • by Suidae ( 162977 ) on Thursday April 17, 2003 @01:23PM (#5753081)
      It seems that the usual method is to take a master list or lists and generate new lists from it. Any requrest to be taken off 'the mailing list' are honored by removing the names not from the master list, but from the generated list (if it wasn't simply deleted). As a bonus the address identified in the remove request can be marked as 'known live' so that the spammer can make new lists of 'known live' address to sell to other spammers.

      Legislation on remove requests is just stupid, there are too many ways around it. Better legislation would simply require that all penis enlargment messages be flagged as such in the headers so users could filter it, with stiff penalties for violators.
  • by ToadSprocket ( 628571 ) on Thursday April 17, 2003 @01:01PM (#5752895)
    When consumers opened the e-mail messages, they were immediately subjected to sexually explicit solicitations

    Oh cmon, these people are so picky. What sort of shut-in do you have to be to consider sex with dogs and horses "sexually explicit"?

    Sheesh.

  • by TheWanderingHermit ( 513872 ) on Thursday April 17, 2003 @01:03PM (#5752918)
    We've seen info on some spammers with their mansions and high priced lifestyles paid for by spam revenues here on /.

    As long as they are hit with simple fines or only shut down temporarily, or only forced to change their tactics, they'll keep going. They make too much money to stop.

    They'll only stop when sending spam costs more than their rewards. When they are fined enough or sued for enough that they lose their expensive new houses and other trappings of luxery, then they'll think about it.

    In the meantime, don't expect the FTC or anyone from the Bush administration to do anything more than slap the hand of anyone making a good deal of money.
    • Well, if my personal feeling of justice should be satisfied, the fine would have to exceed 97 billion. 40,000+ cases of fraud, sounds less unreasonable than the last entity I heard asking for that kind of cash...

      Kjella
  • by chrysrobyn ( 106763 ) on Thursday April 17, 2003 @01:04PM (#5752926)

    after receiving about 46,000 complaints

    Okay, so my bash script was responsible for 32,767 of those, who was the other guy?

  • by Anonymous Coward on Thursday April 17, 2003 @01:05PM (#5752930)
    If you outlaw spam, only criminals will have spam. They can take my spam from me when they pry it from my cold, dead hands.
  • Too bad it took 46000 complaints to prompt some action

    Cut them some slack, OK? Even Government bureaucrats have to use the can now and then.

  • by argmanah ( 616458 ) <argmanah AT yahoo DOT com> on Thursday April 17, 2003 @01:06PM (#5752941)
    If it's going to take over 40k in e-mails per spammer to get the FTC to take action, think how much in terms of time and resources it's going to cost us just to report these guys. It's almost as if the FTC is some sort of reverse spammer, draining network resources by forcing us to spam them to get them to do something about spamming... Somewhat ironic if nothing else.
  • by larry bagina ( 561269 ) on Thursday April 17, 2003 @01:07PM (#5752952) Journal
    Wow. That's even less responsive than slashdot!


    Hey Malda, why didn't you convert your patent encumbered gifs to png?

  • by travdaddy ( 527149 ) <travo@[ ]uxmail.org ['lin' in gap]> on Thursday April 17, 2003 @01:09PM (#5752967)
    A slashdot article FTC Encourages Consumers to Forward Them Spam [slashdot.org] was posted on September 7, 2002 stating that the FTC wanted people to forward them spam at uce@ftc.gov.
    • I'm already submitting mine to SpamCop.

      Does the FTC want my archive? I'll send the last few months worth if it is at all appreciated.

    • by tignom ( 562076 ) on Thursday April 17, 2003 @01:37PM (#5753193)
      I read about this a while ago and uce@ftc.gov became my "public" email address. Whenever a website demands an email address and I know it's gonna end up on a spam list, I just let them send it directly to the ftc. At least they'll (maybe) give it the attention it deserves instead of just getting annoyed.

      Side note - I had to install Real Player on my work machine the other day (don't ask), and that address was already on their mailing list. So were all my backup addresses: abuse@site, webmaster@site, postmaster@site, root@site, abuse@aol.com, abuse@hotmail.com. Site is whatever site I'm visiting.
  • by seangw ( 454819 ) <seangw&seangw,com> on Thursday April 17, 2003 @01:11PM (#5752984) Homepage
    We all just need to change our corporate spam filters, to forward all unwanted spam to the FTC. I'm sure that will get the ball moving...
  • actual ftc site (Score:5, Informative)

    by ih8apple ( 607271 ) on Thursday April 17, 2003 @01:19PM (#5753051)
    Here's [ftc.gov] the actual FTC announcement...
  • by DownTheLongRoad ( 597665 ) on Thursday April 17, 2003 @01:23PM (#5753086)


    Too bad it took 46000 complaints to prompt some action, but at least some action is being taken.
    Is it possibly for stories to be posted without someone's cynical or uninformed opinion? Yes, I realize this is Slashdot but it is beyond annoying at this point. How does the submitter know what the relevance of the number of complaints is? Maybe the FTC has some minimum number of people that must complain before they take action and many of the complaints were from the same person.

    • Limits (Score:3, Interesting)

      by Daetrin ( 576516 )
      I totally agree, The FTC has to have some kind of limit on how many complaints are needed before they take action against someone, and 46,000 isn't that large a number when you're talking about a country with 300 million people in it.

      The FTC taking action against Microsoft or Disney because 100 people sent email to the FTC might sound funny, but you wouldn't be laughing when your or a friend's small buisness got shut down because some joker thought it would be funny or a neighbor was annoyed and a single

  • by select * from ( 593191 ) on Thursday April 17, 2003 @01:25PM (#5753103)
    This happened about 2 weeks ago.

    Our internal email in our office scans incoming and outgoing mail for viruses, spam, etc. Some spam slips through. In this case it was one of the numerous increase penile length spams.

    When an email that is sent out and is blocked for some reason we are automatically notified. In this case someone forwarded the penile lotion lengther spam back to his home account so presumably he could read it later at home and perhaps try the product. This time it actually caught the spam going out when he tried forwarding it.

    This "someone" was the president of our company. So far he hasn't asked us why the email he forwarded didn't go through. Of course we'll know if he eventually got it to go through when he starts wearing a loin cloth to work.

  • Some people consider this to be a nice surpise. "Oh look! It's porn and here I thought it was something about my resume". Then their spirits are lifted for a short while!

    Back in the land of reality this spammer should burn in hell :)
  • It only takes that many complaints for the FTC to do something about a Spammer? Geeze... Thats not alot.. Should be Soo easy to wipe out the big Spam kings if it only takes 46,000 complaints to the FTC... considering there are Willions of people that it pisses off enough to do something about it... Not many know what to do about it... I Guess the answer is Complain to the FTC!
  • Excellent (Score:2, Insightful)

    There's this enormous flood washing over us, and we see a few tiny people down there, holding up their hands trying to stop the massive amounts of water drowning the village.
    Yeah, that'll work.
  • I hardly think this is the kind of crime we should be sending people to jail over. I'm of the opinion that jail is something that should be reserved for violent offenders; and maybe repeat non-violent offenders. For the same reason I think it's absurd to send a kid to jail for downloading mp3s, I don't think this guy belongs in jail.

    On the other hand, I'd be more than happy to see him fined up the wazoo and opened up to lawsuits from victims.
    • I'm of the opinion that jail is something that should be reserved for violent offenders; and maybe repeat non-violent offenders
      Is 46000 spams (of which 41100 are archived here [google.com]) not enough repeat offence for you?
  • by Animats ( 122034 ) on Thursday April 17, 2003 @01:35PM (#5753184) Homepage
    The FTC's legal position is significant. Read the legal documents in the case. [ftc.gov] First, the FTC says they have the legislative authority to regulate spam, because they have the authority to regulate false or misleading advertising. Second, they don't draw a distinction between the spammer and the business being advertised:
    • Because the "Married But Lonely" spam forges the identity of the sender, it is unclear whether Westby sends the spam himself or whether he employs someone else to send it. Even if he does hire someone to send the spam, he is still liable for these practices. Westby is liable for deceptive or unfair practices he engages in himself or for those of his employees or agents who are acting on his behalf. Under the FTC Act, a principal is liable for misrepresentations made by agents with actual or apparent authority to make such representations, regardless of any unsuccessful efforts by the principal to prevent such misrepresentations.
    • See Southwest Sunsites, Inc. v. FTC, 785 F.2d 1431, 1438-39 (9th Cir. 1986); FTC v. Skybiz.com, Inc., 2001 WL 1673645, at *9 (N.D. Okla. Aug. 31, 2001); FTC v. Five-Star Auto Club, Inc., 97 F. Supp. 2d 502, 527 (S.D.N.Y. 2000). It is inappropriate for a principal to "`reap the fruits from their [agents'] acts and doings without incurring such liabilities as attach thereto."' Skybiz.com, 2001 WL 1673645, at *9 (quoting Goodman v. FTC, 244 F.2d 584, 591-92 (9th Cir. 1957)).
    Note what the FTC is saying. They don't even have to prove that the business being advertised by spam paid the spammer. If someone benefitted from the spam, the beneficiary is liable.

    If a court agrees, as is likely, you don't sue spammers any more. You go after the deep pocket - the business being advertised. This is going to bring spamming on behalf of legitimate businesses to a screeching halt.

    • "This is going to bring spamming on behalf of legitimate businesses to a screeching halt."

      Perhaps... But 90% of the shit these guys peddle is hardly legitimate.

    • by Anonymous Coward
      Two comments.
      First, "This is going to bring spamming on behalf of legitimate businesses..." is a nonsensical statement. Any business that deliberately uses spamming, either from their own computers of from a 'contracted ethikul bizzniss' is not a 'legitimate company'.

      Second, this is potentially dangerous, as it could possibly open up business to liability when someone spams using their name in a deliberate attempt to defame the company (called a 'joe-job'). This has happened before, and I don't like the
      • For some reason my previous comment was posted as "Anonymous Coward", but it wasn't meant to be. Sorry.
        Anyway, gist of it is: legitimate companies don't send spam, so "legitimate companies who use spamming" is a nonsensical term and I commented on the potential danger of a legitimate company being defamed by a spammer and then being investigated by the FTC as a result.
  • by Wizri ( 518731 ) on Thursday April 17, 2003 @01:42PM (#5753226)
    Run all incoming mail through Spam Assassin and forward any message that are found spam to the FTC with the subject changed to "Complaint about spammer info and proof within". Lets say that only 0.01% of the population does it and lets assume that there are 7*10^6 net users that each recive 10 spams/days. So that's 7*10^4 e-mails to the FTC a day, every day.

    I wonder how many orders to cease operations will this cause

    --

    Lets make spam the new game of Russian Rollete.
  • New SPAMmer to abuse (Score:3, Informative)

    by Oliver Wendell Jones ( 158103 ) on Thursday April 17, 2003 @01:50PM (#5753279)
    Feel free to make this guys life hell. I've received over 100 of his mortgage offers in the past two weeks and asking to be removed from his mailing list has done no good.

    Here is the raw output for domain n0hastlem0rtgage.com:

    Organization:
    none
    Mike Stone
    12345 Stone rd
    Stoneville, CA 92504
    US
    Phone: 916.123.4567
    Email: vialead@yahoo.com

    Amazingly enough, his yahoo account has already been terminated.
    • Sorry, Oliver, the Postal Service denies the existance of a Stoneville CA at that zip code.

      In fact, searching zip code 92504 for cities using this tool they provide [usps.com] reveals the following data for zip 92504:

      92504 is associated with the following Cities/Towns:

      RIVERSIDE CA ACCEPTABLE (DEFAULT) STANDARD
      CASA BLANCA CA NOT ACCEPTABLE - USE RIVERSIDE STANDARD
      HARDMAN CENTER CA NOT ACCEPTABLE - USE RIVERSIDE STANDARD
      WOODCREST CA NOT ACCEPTABLE - USE RIVERSIDE STANDARD

      Furthermore, 916 area code i

  • This is a good thing. 46k complaints is not that many, when you consider just how many people there are. It's not fair to directly compare that with the population, becuase it just wouldn't work, but It's still a small percentage of people that complained.
    How many of us actually sent an email to the ftc complaining about spam? I bet most of the people bitching about this taking so long never formally complained.
    The fact is, no government can respond to every complaint. I hardly hear anyone saying
  • by Chordonblue ( 585047 ) on Thursday April 17, 2003 @01:59PM (#5753420) Journal
    Hey, here's a thought. If it takes 46,000 users to alert the FTC to spam, perhaps the FTC should be 'opted-in' to a few of the things we're subjected to. Why bother directly complaining? Let the government attempt to sort out their own mailboxes for a while!

    Send your spam to *.GOV - heh.

    • Did it occur to you that maybe it didn't take 46,000 complaints, but rather that it took a certain amount of time to prepare their case, and during that time they received 46,000 complaints? I don't think they were sitting around waiting for the total to reach 46,000 before taking action.
  • Too bad it took 46000 complaints to prompt some action

    Here at home, I usually average about 74,000 complaints before I get any action. *sigh*
  • by dacarr ( 562277 ) on Thursday April 17, 2003 @02:22PM (#5753685) Homepage Journal
    Figuring that I send a copy of every spam I receive to the FTC through the address uce@ftc.gov (averaging about 25 per week these days), and assuming that this person is responsible for sending maybe one of those per week, consider that they've received a few from me.

    Now consider that at that ratio, you would basically need 11,500 of me to do this per week for four weeks. Seeing as it's more likely that the UCE addr4esws provided is not well known, it's more likely that it took a couple of months to amass that many spam complaints regarding this.

  • I did not unsubscribe! Maybe that is why I get so much spam.
  • I'm not an American (I wonder how much karma I lose for saying that?) but if I was I'd be mailing my congressperson to complain about the FTC not doing their job properly.
  • They're not going after the spammer, they're going after the person who sent them 46,000 messages.

We are each entitled to our own opinion, but no one is entitled to his own facts. -- Patrick Moynihan

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