UK Makes Spamming a Fineable Offense 310
woodhouse writes "The BBC has an article about the new UK anti-spamming law which comes into force later this year. Under the new law, spammers can be fined up to 5000 pounds in a magistrates court, or an unlimited amount in the crown court. Sadly, prison terms won't be used to enforce of the new law."
spamhaus rebutts this claim (Score:5, Informative)
Re:spamhaus rebutts this claim (Score:3, Interesting)
Whereas Spamhaus [spamhaus.org] say:
So which is right?
:-(
I'd assume that it is Spamhaus. Shame the BBC can't get their stories straight
Re:spamhaus rebutts this claim (Score:4, Informative)
one refers to people ("private individuals").
the other refers to businesses.
Re:spamhaus rebutts this claim (Score:3, Insightful)
Re:spamhaus rebutts this claim (Score:4, Insightful)
Doing this is, technically, spam. But it also isn't spam in that I'm not offering penis enlargements, impossible mortgage rates, questionable knock-off drugs or soliciting assistance in moving large sums of money from African banks.
It is also merely an extension of what companies did prior to wide adoption of email - snail mail campaigns based upon the exact same criteria. I feel, both as a potential sender and recipient of this type of campaign, that this business tool needs to be protected from being lumped into the same category as the other annoying spam which has absolutely no legitimate business usage.
Re:spamhaus rebutts this claim (Score:2)
Interesting. I'm looking forward to seeing how the spammers abuse the law, and how (hopefully) they strengthen the law in the future.
Re:spamhaus rebutts this claim (Score:3, Interesting)
and keep strengthening and strengthening the law. why are we so eager to expand government control over an unfettered means of communication? because spam is "inconvenient"?
this is the thin edge of the wedge that gets the state to control what goes in your inbox.
Re:spamhaus rebutts this claim (Score:3, Informative)
Technology is great, but abused technology doesn't seem to be able to fight for itself. How many people in the world actually like spam? The rest of us have been complaining for years about it. Spamblockers kind of work, but they don't completely solve the problem.
Spam is a pretty specific term. From Mail-Abuse [mail-abuse.org] An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally
Re:spamhaus rebutts this claim (Score:3, Insightful)
Re:spamhaus rebutts this claim (Score:2)
If you read Jane Austen, you'll notice that in 1800 it was considered unacceptably rude to attempt to communicate with someone without being introduced. For better or worse, polite society did not quite extend into the internet age
The government is only having to step in because the net has failed to support the kind of trust relationships that would allow it to be self-regulating, so it has set a baseline.
Expect to see more legislation of this type a
Re:spamhaus rebutts this claim (Score:3, Insightful)
Enforceability not the point (Score:3, Insightful)
Let's take a different view... (Score:3, Interesting)
- This law won't solve the problem even in the UK
OK, done, I agree. However, there are ramifications beyond that. What we've done is go from SPAM is a nuisance to SPAM is illegal. Spammers _LOSE_ rights here. We won't have any of this nonsense of spammers suing ISPs preventing them from cutting off service or suing AOL for blocking their trash.
What if the law is expanded? Any company who gleans profits FROM spam forfeits that money?
Hello? Now we're hitting them right where it
Actually, no... (Score:2)
No, actually, what we've done is go from spam in a nuisance to spam is legal, provided you send to corporate email.
It explicitly allows spammers to spam, which is a bad thing.
How about a restraining order (Score:3, Insightful)
Re:How about a restraining order (Score:5, Insightful)
Yeah, except that times have changed and it's increasingly necessary to touch a computer to perform basic tasks of living and working. I'm not talking about software engineering or other high-tech work; I'm talking about being a clerk at a convenience store.
Even the suspected author of one variant of the MS Blaster worm, Jeffrey Parson, was told by the judge that he could use the Internet to look for work. Judges are increasingly unwilling to place permanent draconian restrictions on computer criminals because that could leave them unemployable, and an unemployable person can be forced back into crime by that very fact.
I agree that aggressive, repeat spammers -- the sort that end up on the SpamHaus.org ROKSO [spamhaus.org] (Register of Known Spam Operations) list -- deserve to be thrown permanently off the Internet. But maybe we should think of some more practical ways to deal with them?
Re:How about a restraining order (Score:2)
or Hear, hear. I'm never sure which.
Hear, here?
could be worse (Score:5, Funny)
You insensitive clod... (Score:2, Funny)
Re:You insensitive clod... (Score:2)
North or South?
and. . . (Score:3)
Soon hopefully . .
Besides, we can always start inflicting pain and death on the spammers where the authorities don't really care about the problem. . .
This is a good start (Score:5, Insightful)
Re:This is a good start (Score:2)
Re:This is a good start (Score:2, Funny)
Re:This is a good start (Score:2)
Re:This is a good start (Score:2)
Unfortunately, the Brits did away with the death penalty a while back...now they don't have that option.
Re:This is a good start (Score:2)
[raises finger and inhales]
Erm...
[lowers finger and shakes head]
Re:This is a good start (Score:2)
On a side note though, I'm not too sure about jail time for spam. Heavy fines, yes, jail time... makes me stop and think about it.
Re:This is a good start (Score:2, Funny)
Spam lobbyists will push for further subsidies each year while shutting out foreign spam supplies for their horrible spam dumping trade practices.
The WTO will find in favour of the foreign spam sources time and time again, but the US will continue on because US spam is the only true spam.
had enough?
Oh no! (Score:5, Funny)
Oh no, we need to get these violent people off the streets before they e-mail again!
I detect sarcasm (Score:2)
I'm option for the stake-honey-anthill solution instead, but I've heard other good solutions. I've heard that some countries favor slowly lowering one into boiling water.... or maybe cutting off the hand they type with?
Keeps our prisons from overflowing, and the spammers off our internet. I'm still debating on the "sticking viagara spammers in a cell with bubba... w
Re:Oh no! (Score:2)
Re:Oh no! (Score:2)
Yeah, I'll bet you really thought that one through, didn't you?
And disseminate the fine amongst the victims? Well let's see. At a conservative million emails per spammer, that would work out to a half-p per "victim".
Great!
Jail time? (Score:3, Funny)
Jail time? How about death sentence.
Huh? (Score:5, Insightful)
Re:Huh? (Score:5, Funny)
let's stop with the juvenille, knee-jerk reactions
You must be new here.
skip prison... (Score:5, Funny)
Seriously...while we all hate spam...someone *really* wants spammers in jail? On the right is the rapist, then murderer, then child molester, then spammer.
Re:skip prison... (Score:2, Funny)
I wonder if the spammer would be interested in selling penis enlargements to his cellmates?
Re:skip prison? (Score:2)
nothing else tried in the Good Ole USA(tm) has worked...
Re:skip prison... (Score:5, Funny)
"I didn't get nothin'," I said, "I had to pay $100,000 and help secure a couple dozen open relays."
"What were you in for?"
"Spamming"
. . . and they all moved away from me on the Group W bench and gave me the hairy eyeball and all sorts of mean nasty stuff, until I said "and promoting Viagra and free pr0n" and they all shook my hand and we had a great time playing with the pencils and using the computers on the shelf by the window to strip a couple of mailing lists for addresses.
Re:skip prison... (Score:2)
You can get anything you want....
Re:skip prison... (Score:2)
Sorry, I thought everyone knew that.
Re:skip prison... (Score:2)
"I cannot tell a lie... I put that letter under all that garbage!"
Who could clean spam better than a spammer? (Score:2)
Prison should be reserved for violent criminals... (Score:5, Insightful)
Re:Prison should be reserved for violent criminals (Score:2)
Re:Prison should be reserved for violent criminals (Score:3, Funny)
Subject: H0T PR1S0N R4P3...........493121742
Subject: R A P E ACTION!
Subject: F|_|CK1NG in Jai1!!1!!1 (ye47fa3d)
You were saying?
Re:Prison should be reserved for violent criminals (Score:4, Insightful)
Jail time for spammers is justified, IMHO, when we're talking about the career spamming scum. The ones who illegally hijack foreign servers, illegally hijack unused netblocks, continue spamming despite being terminated from multiple ISPs, continue spamming despite court orders to stop (Sam Khuri comes to mind), etc. etc.
I don't think a first time offender should be jailed, but there is NOTHING else that will stop the career spamming from spamming other than locking him up (with no Internet access). These people are sociopaths, they belong in jail.
Proletariat of the world, unite to kill spammers
Re:Prison should be reserved for violent criminals (Score:2)
No, he shouldn't. But he doesn't give anybody their money back by rotting in a cell.
there is NOTHING else that will stop the career spamming from spamming other than locking him up
Spammers spam for money. If the chances of getting caught are higher than not, and getting caught means you loose all financial rewards from your actions, there will be no incentive to spam.
Re:Prison should be reserved for violent criminals (Score:2)
I'm sure the 5,000 pound penalty will make the UK spammers just quiver in fear. Not.
The career spammer, btw, *will* spam unless he's physically made not to. When faced with a possibility of real financial sanctions, he'll work harder to avoid getting caught instead of stopping spamming. You can count on that.
And he will never get caught. Bec
Re:Prison should be reserved for violent criminals (Score:3, Insightful)
May as well give up then, huh?
We need to make an example of one or more of them. Nothing else will help.
I thought you said that wouldn't work in the last sentence?
Re:Prison should be reserved for violent criminals (Score:5, Funny)
I just love the way Americans always equate prison with forced anal intercourse. It's an everyday thing, just like going to McDonalds.
Never once heard any of you outraged over this matter. It's just a fact of life, and something you most probably deserve when you go to prison. A good hard pounding in the ass.
It's a good thing that the US legal system is infallible, and that your judges probably take this into account when they pass sentences. Five years imprisonment in most other developed countries probably equates to two years with three brutal ass poundings per day in an American one.
Mighty fine country you're running over there.
Re:Prison should be reserved for violent criminals (Score:3, Informative)
Re:Prison should be reserved for violent criminals (Score:5, Insightful)
We're not going to be able to force anyone to be productive members of society. "Hey, you. Stop spamming. Do good". Won't happen.
I also believe the so called "white collar criminals" that bilk millions of dollars from corporations and investors and such should get jail time too, along with the other criminals. Who knows how many lives they've ruined by their greed. Hell, their negligence probably CAUSED some down-and-out fathers to resort to crime. Just because they didn't use a gun doesn't mean they don't deserve jail time. Perhaps the same is true for spammers. Just because they aren't violent doesn't mean they don't deserve to be punished or have enough of a threat of a nasty punishment to deter them.
Re:Prison should be reserved for violent criminals (Score:2)
Re:Prison should be reserved for violent criminals (Score:2)
Re:Prison should be reserved for violent criminals (Score:2)
Post-processing will be to deal with those items that the judge has already identified as spam.
R
Eh... (Score:2, Insightful)
Still, this does make it a lot harder for the very few spammers in Britain to, well, spam. Moving your servers to Zaire isn't exactly easy.
Re:Eh... (Score:2)
Warped world view.. (Score:5, Insightful)
-molo
Re:Warped world view.. (Score:2)
Is it true that the judge couldn't give her a stronger sentence? I didn't realize that. I thought the judge was being lenient.
I've heard reports that there's some kind of evidence that the girl flipped over the hood of the car. If that is the case, then the prosecutors majorly fucked up. They should have charged her with Manslaughter in the 1st or something.. her claim
Re:Warped world view.. (Score:2)
-molo
Laws don't apply to scum (Score:3, Insightful)
Enacting laws is a nice symbolic step, but we need a technical solution if we are to ever to put the brakes on spammers.
Re:Laws don't apply to scum (Score:2)
Many people, including many technical people and the US congres, recognize the international nature of spam and are already talking about treaties to prohibit spam. That would put a lot more teeth in an extadition order.
I don't believe that there are any real technical solutions to spam, which is why I
In abstentia (Score:3, Insightful)
From the article:Under the new law, spammers could be fined 5,000 in a magistrates court or an unlimited penalty from a jury.
and
Earlier this month Italy imposed tough regulations to fine spammers up to 90,000 euros (66,000) and impose a maximum prison term of three years. EU legislation banning unwanted e-mail is due to come into force on 31 October, but correspondents say that, given the global nature of the internet, it may have little effect. Most spam comes from the United States and Asia, and will be outside its reach.
Couldn't the spammers be found guilty in abstentia? Remember how the US snapped up Dmitry Skylarov when he entered that country.
register reports otherwise (Score:4, Informative)
Billy Tauzin's Opt-Out spam bill (Score:5, Funny)
The folly of law (Score:4, Insightful)
This is the same logic that got us into the situation where someone who gets caught having sex with their boy/girlfriend on lover's lane (especially if you're in Mass. and happen to be in a non-missionary position) can end up having to walk around to all of your neighbors and tell them you're a sex-offender... joy.
Yeah, so the definition of a spammer is what? If you get 1000 messages a day with my name as the return-address, do I get fined? What if the headers are *very* convincing? What if it's "from" someone else, but it came from my network? What if that was someone who I let put thier virus-infected laptop on my wireless network?
This is not an easy problem.
Re:The folly of law (Score:5, Insightful)
Re:The folly of law (Score:2)
Same problem, some spammer could really not like you, and send a bunch of spam advertising for your company. So it looks like you are the sponsor, when you really aren't.
BTW, doing this or making the Reply-To address as someone you don't like is referred to as a "Joe Job."
Re:The folly of law (Score:2)
Re:The folly of law (Score:2)
We all hate murderers, and anti-murder laws are good.
This is the same logic that got us into the situation where someone who gets caught having sex with their boy/girlfriend on lover's lane (especially if you're in Mass. and happen to be in a non-missionary position) can end up having to walk around to all of your neighbors and tell them you're a sex-offender... joy.
I fail to see how punishing a couples consensual (I'm assuming or you wouldn't be using
Re:The folly of law (Score:2)
Sorry, I'm just not able to get behind that. Spam is a technical problem which can be solved technically. It is not a legal problem. No one dies. No one is harmed. It costs you money, but only in sofar as you put up a public service accepting bits from anyone in the world, and someone DARED to send you
Re:The folly of law (Score:2)
And there should be technical solutions to stop it. But when the spammers go out of their way to circumvent the technology, a law making it illegal would go a long way towards stopping it. There are technical solutions to stop people from stealing your car, but it's illegal to do so just the same. You can have both. And both are necessary.
It is not a legal problem.
Theft isn't a legal problem?
but only in sofar as you put up a public serv
1800 emails (Score:2)
I wonder if it helped...
Re:1800 emails (Score:2)
What you should have done was send them all printed out, in separate envelopes. }:-)
(For the benefit of the uninitiated, British MPs are legally required to reply to every letter sent to them by one of their constituents.)
5000 pounds you say? (Score:2, Funny)
Don't hold your breath - need to see it in action (Score:5, Informative)
While it sounds great on the surface, just look at the corresponding fine for breaching the UK telephone do not call list - this is also up to 5,000, but no one has ever been fined [bbc.co.uk] despite 250 complaints a week being received over the past four years.
Re:Don't hold your breath - need to see it in acti (Score:2, Informative)
Recently, a company named Fonn was fined by the Danish Maritime and Commercial Court for sending 156 spam emails to 50 recipients (including me). The fine was DKK 15000, which equals $2280 or GBP 1410 - or GBP 9 per email.
English summary here: http://www.fs.dk/uk/misc/fonn.htm [www.fs.dk]
More cases are under preparation by the Danish Consumer Ombudsman, this time involving a lot more than
Let's think about this... (Score:5, Insightful)
Sadly, prison terms won't be used to enforce of the new law.
Slashdot seems to me to be the place where people gripe about overly harsh sentences for people who are involved in things like P2P and software "piracy," and then say how it's totally out of whack because you go to prison for 5 years for rape and 25 for copyright infingement.
While agree that spam is a social ill and needs to be curtailed, we need to be careful not to go overboard.
Right, but think about this... (Score:3, Informative)
A bit extreme (Score:4, Insightful)
Better punishment idea (Score:2, Funny)
Make them copy each mail...BY HAND!
If the spammer send 10 000 of a specific message:
Punish him by making him write 10 000 copies of the mail sent. With PEN and PAPER.
And of course... the spammer would have to pay for the papers and pens as well.
That ought to teach him/her!!!
And yeah... if the mail contains images or such...
let him/her write the ones and zeroes....
Bart Simpson punishment (Score:2)
Lawmakers in the UK (Score:2)
I wonder... (Score:2, Insightful)
Re:I wonder... (Score:2)
This is why (Score:3, Insightful)
Here's Bob. He's not pissed off, he is only fuming. He wants a law to prevent whatever it is that makes him fume. Calls his Senator and gets his law.
What's wrong with this? BOTH ARE THE SAME!! Its coming to a point where there will be a law for not picking your nose, or a law to not cut your fingernails in public.
Man, doesn't anybody get this besides me?
A Finable Offense! (Score:2)
Oh my god, that means my grandfather's a spammer! He's lived in Finnland for years, they must'a sent him there when he was just young!
Which reminds me of a joke from LaughLab... The New Zealander wants to get into Australia, and at the border, the guard asks him, "Do you have a criminal record?". The New Zealander replies, "Why, do you still need one to get in?"
Ba-da-bump.
Would I be in trouble today? (Score:4, Insightful)
Good! (Score:3, Insightful)
>> of the new law."
I'm glad. While I hate spam as much as the next person, the penalty needs to fit the crime.
I don't like the spammers, but should they go to jail for sending e-mail? No.
For those who disagree, do you think those downloading mp3s should be taken to court?
hope it's not a bumpy start (Score:3, Interesting)
I run a free anti-spam service (disposable email) and, probably intentionally, spammers have used disposable addresses from my service as the reply-to or "list removal" address on more than a few spam messages (note: they don't use my server to send the spam -- it's usually some open relay). They generally don't receive any email through these addresses because they get invalidated right away -- either by me or automatically. It really really looks like a simple smear campaign, and certainly has that effect.
The result is that I get angry emails, and even phone calls threatening to sue from the people who receive the spam. They assume that I'm somehow responsible for sending the spam. They almost all chill out as soon as I explain the situation, but after a big spam frenzy from one these ##*$!!#@, I find myself doing a lot of explaining.
I also live in America (*you insensitive clod!*) and I'm definitely not prepared to appear in a British court to explain something like this. Enough about me, though, the "Joe Job" is a fairly frequent occurrence these days (whether it is the intentional use of someone else's address in spam -- the true Joe Job, or the mere incidental use of someone's address that was picked at random). I'm sure the legal system will get smart over time, and hopefully will start out that way -- I can't help thinking there's be bumps, though.
Anti-spam needs more structure. (Score:3, Informative)
Personally, I think the main thing that would benefit the anti-spam cause now is more structure - in a software sense.
There's already quite a few good, pretty effective techniques of filtering, but a truly best-case scenario would be arrived at using a combination of techniques.
Look at the anti-spam tech available at the moment. There's filters that act as POP3 proxies, filters that run as a plug-in to a specific client (or built-in), and the odd mail server add-in. There's even the case of remote mailboxes (eg using IMAP) which is difficult to deal with any way apart from having the filter on the server.
Spam filtering is best set-up on a client-by-client basis, because people tend to get different types of mail as normal. Also, if we're doing it on a client-by-client basis, end user interface is very important - any manual classification and configuration of such filters would be best done inside the user interface of the client software, in much the same way as client-specific plugins do it. To do this in a way consistent across client packages (necessary if we want to tackle the problem as a whole and not just for some people) would require a standard protocol for querying graphs of mail filters, relaying any corrections and reconfiguring said filter graph.
I'd like to see a protocol built upon Seive (a language in RFC form for notating mail filtering rules) and a standard for mail filter components (standard COM/CORBA interfaces, whatever). The seive language could provide flexibly reconfigurable "plumbing" between the individual filters.
Even if one only uses one filter under such a mechanism, there'd still be benefits from a standardised software interface and ability to control from within any mail client.
Stone the *&^*% spammers (Score:2, Funny)
Dreams are better as dreams than reality.
Rav
"new UK anti-spamming law " (Score:4, Funny)
horse (Score:2, Insightful)
Yeah, because Britain's prisons are so empty that they're just crying out for more harmless inmates who pose no danger to the public.
They're dumb money people, not evil people. Make it uneconomical and they'll go away.
fines better than prison for white collar crime (Score:5, Insightful)
the cost of putting a person in the slammer is not negligible.
Fine them for all the money made polus damages plus court costs etc.
Ban them from the use of computers A-La Mitnick.
See just how long they continue their practices.
Leave the prisons for the truly dangerous criminals that we do not want on the streets.
have we forgotten being tarred and feathered? (Score:2)
Re:Whoa! 5000 pounds! (Score:2)
Bullshit (Score:4, Funny)