Tweaking the CAN-SPAM Act 109
rbochan writes "The Register is reporting that the U.S. Federal Trade Commission is consulting on proposed changes to the CAN-SPAM Act. Changes would include clarifying the definitions of the terms person and sender, and altering the time allowed for a sender to to honor an opt-out request. The FTC proposal is available as a PDF on the official FTC site." From the article: "Critics have accused the Act of being narrow and weak, accusations that may be hard to deny given that the US sends more spam than any other, according to a recent report by anti-virus firm Sophos."
In your face China! (Score:4, Funny)
Of course it doesn't stop spam (Score:5, Insightful)
Re:Of course it doesn't stop spam (Score:1, Funny)
...but it was supposed to label it (Score:5, Informative)
I don't know whether the DMA mebers are complying or not. Most spam is still sent from outside the DMA's members. So we sure can't turn off our bayesian spam filters.
The theory was that the US would crack down on those people, who according to TFA are right here in the US, leaving us with just the easily-filterable DMA-approved ads.
That hasn't happened yet, perhaps because the FBI has more important things on its mind (i.e. terrorism). I can't imagine that the DMA is happy, because their actual sales pitches are getting lost among the scams, phishes, and frauds.
I'll worry about how evil the DMA is once I stop getting 92 spams a day for C$ALIS.
That's so cynical (Score:2)
You are obviously jaded by your exposure to what you perceive as reality. I recommend that you pick up a copy of Bill Clinton's autobiography [amazon.com] or simply read the White House press briefing site [whitehouse.gov] for a while.
You will quickly find that your current way of thinking is just ... too difficult for you. You don't need to go to all that effort. Relax, and let them do the work.
If you feel you must stay informed, watch a little CNN or Fox News (one or the other, not both), so you don't have to constantly hea
CAN CONGRESS (Score:5, Informative)
Re:CAN CONGRESS (Score:3, Insightful)
You have to judge by what sounds better in a campaign stump speech:
"I facilitated the allocation of grant money to a series of projects that resulted in technological improvements that ware eventually incorporated into many software packages, eventually having a slight reduction on the amount of spam that reaches your email inbox"
or
"I passed legislation to curb the tide of
Re:CAN CONGRESS (Score:1, Funny)
I can't help but picture great roiling waves of pink pork washing slurpily over the shoreline at the eastern edge of the Sea of Spam. Be sure to get off the beach before 6:23 PM.
Re:CAN CONGRESS (Score:1)
No such thing (Score:2, Insightful)
Spam filters, RBL lists, etc don't stop spam they just suppress it.
Spam begins with a desire for $$. Eliminate the payoff for soam and spam will die.
Re:No such thing (Score:1, Offtopic)
Soam: n. A chain by which a leading horse draws a plow.
What has that got to do with killing spam?
(in the reverse of the "I know I'll be modded down for this" precursor to posts we see too often on
Re:CAN CONGRESS (Score:3, Informative)
It's not unlike the steroid nonsense. A couple of days ago one congressman implied to David Stern (NBA Commissioner) that the Piston/Pacer brawl might be a result of 'Roid Rage, simply because there was not any proof that Ron Artest was not taking steriods. Cong
Re:CAN CONGRESS (Score:3, Informative)
Re:CAN CONGRESS (Score:2)
America has always had the best government money can buy and Spammers have FAR more money then the rest of us. QED
Yeah, but they're having trouble moving it out of Nigeria.
NOT the best government money can buy (Score:3, Informative)
However, it's not the spammers buying government that made this mess. It's Congress trying to create the appearance that they're Doing Something Useful, without have the skill set to *actually* do anything useful, and (if you want to give them some credit, which they may or may not deserve), they were trying to stay out of serious trouble with either the First Amendment or Legitimate
Re:CAN CONGRESS (Score:1)
Re:CAN CONGRESS (Score:1)
Whoohooo! (Score:5, Insightful)
Yeah, so now they only have 3 days to sell my address to 100 other spam lists.
Re:Whoohooo! (Score:2, Insightful)
Re:Whoohooo! (Score:2)
CAN-SPAM should be repealed. Immediately.
"This is a one-time mailing" (Score:2)
Libertarians (Score:3, Insightful)
Re:Libertarians (Score:1)
Re:Libertarians (Score:2)
Re:Libertarians (Score:2, Flamebait)
That probably depends upon the libertarian. In the context of the libertarian there seem to be three basic types.
Type one are the classic libertarians, who are pro individial civic rights. They tend to oppose censorship and government snooping, and to promote open standards. Generally they have a sense of proportion. They either think harassment should be illegal, or failing that, that they should have a right to shoot you if you harass th
Re:Libertarians (Score:2)
Perhaps among other changes, the law should be modified so that when it can be shown that SPAM was sent to someone by a third party using my e-mail address, I would then be allowed to sue the sender in civil court for the damage to my reputation... w
Re:Libertarians (Score:3, Funny)
A. The government should not be spending my money protecting me from the internet! I can do that myself. The free market provides spam filters if I feel that I need them. But, I don't trust the folks that make those, so I don't use them. I read every piece of mail and analyze it in case its from Liberals trying to get onto my computer. Not only that, but have you seen those guys working on the phone lines? They look suspicious as hell, too. I bet the
Re:Libertarians (Score:2)
I don't know that there is a solution to this problem that can be solved by law. The real problem is the cost of e-mail is essentially free. I know it would be unpopular, but just imagine if an ISP would require a fee of $.01 to receive a message for each recipient. The e-mail isn't delivered until the fee is paid. If somebody wanted to send a spam message to 1 million AOL members, it would cost them $10,000. This is a simple and cost effective solution for reducing (but not necessarily eliminating) the num
Re:Libertarians (Score:1)
If you're getting hit with an extra $5-$10 a month on your ISP bill because some virus/trojan/(spy|ad|mal)ware is sending out thousands of spam emails, you're going to want to know what you need to do to clean up your computer.
Re:Libertarians (Score:2)
Charging for email is unnecessary. (Score:3, Informative)
The key point that IS true is that spam will exist as long as stupid people buy stuff from spam in sufficient quantity. Short of improving education and waiting 30 years, the only solution is to keep the spam from getting to most users.
Here's what we really n
Re:Libertarians (Score:2)
Re:Libertarians (Score:3, Insightful)
Captalism as its finest (Score:5, Insightful)
Re:Captalism as its finest (Score:3, Interesting)
I work for a small buisness. I don't Spam. But I do advertise via email. How is this not evil? Well I know that a customer is having problem with X and my previous solution was to expensive for them to fix. A week later I found a cheaper solution that stills works. So I email the customer saying Hey I found a better solution to the problem and it only costs $y
Now if the CAN-SPAM act was to strick this honest buisness dealing
Is it still your email address? (Score:5, Insightful)
So far, so good. Dude, you have nothing to worry about as long as the DMA can pay lobbyists. How did you get their addresses? No. It isn't about quantity.
It's about unsolicitated commercial ads.
If 10,000 people have personally contacted you looking for Product X, and you personally reply to those 10,000 people saying that you have Product X in stock, that would be fine. Nope. It's quite easy as a matter of fact.
The key is HOW the addresses you are sending to are obtained.
In a legitimate, non-spam business, they will be obtained by those people giving you their email addresses and expecting to receive emails from you.
In a spam business, emails are harvested and/or purchased in bulk.
All that the US needs to do is to define non-spam as email sent by a company that you have provided your info to and for that company to have a record of that (your IP address, your email address, the web page/domain you were at when you provided it).
Anything else is spam.
No "affiliates", no "partners", no one other than that one company you provided the information to.
Legitimate companies will not have a problem with this. Give them 6 months to update their mailing lists to meet the new criteria.
Spammers (and companies using them) are the only ones that will be affected by this.
This is very bad news for all those legitimate banks that purchase email leads from spammers, but I really don't give a rat's ass about whether they like it or not. I'm tired of getting mortgage spam and I'm tired of people saying that their email was flagged as spam just because they were discussing their mortgage options with their bank.
Re:Is it still your email address? (Score:2)
COI: Confirmed Opt-In, as a two step process with two actions being intitated by the recipient as proof of confirmation.
If your mailing list is COI, you have _absolutely_ no trouble with any law.
Re:Is it still your email address? (Score:1)
Re:Captalism as its finest (Score:2)
Re:Captalism as its finest (Score:2)
I think that the people that respond to spam are basically illiterate. The see the (obvious to the rest of us) Subject line and go: "Hmmm, I bet I could figure out what that means by sounding it out phonetically." They then do, and reply out of self-satisfaction and then get caught in the spammers' web.
But the WORKERS can afford the means of production (Score:2)
I'd make one change (Score:5, Insightful)
Re:I'd make one change (Score:2)
why new laws? (Score:5, Interesting)
* forgery with the intention to deceive.
* theft of service
* trespassing
Reshape the existing laws to include new technologies.
While we are at it, go after the end benificiary of spam. The ones selling a product or service. I know some will say that it is too easy to set someone up. Is it? In the U.S. one is presumed innocent unless proven guilty beyond a reasonable doubt. Hmm... we should be able to spot a setup.
Heck why laws at all? Most times the parties involved cross multiple boundries/jurisdictions. Laws, in the long run, are not the way to go. The technology needs fixing
The laws WERE effective. So they had to be changed (Score:5, Insightful)
Some states had really good (anti-spammer) laws.
Some didn't.
So the DMA lobbied the government to deal with the "problem" of different states having different laws.
The end result
Re:The laws WERE effective. So they had to be chan (Score:3, Insightful)
State Anti-Spam Laws weren't effective either (Score:2)
Re:why new laws? (Score:1)
I just would hate to see the independent store who sends emails get spanked because
Re:why new laws? (Score:2)
* forgery with the intention to deceive.
* theft of service
* trespassing
I've always thought the illegal act of Fraud was sufficient. Fraud -- A deception deliberately practiced in order to secure unfair or unlawful gain.
One big thing with spam is that a majority of it comes from China or close by geographically, so no US laws including CAN SPAM or Fraud would do anything. Fortunately, I have spamassassin rules that get trig
Legal products, and hard-to-catch spammers (Score:2)
You know what they say: (Score:1, Redundant)
Re:You know what they say: (Score:2)
That's not what they say. That is what people who weren't listening say. The phrase is: You can polish a turd all you want, but it is still a turd.
Re:You know what they say: (Score:1)
Give me the tools to defend my network!! (Score:5, Insightful)
Me: I didn't ask for this email and I have no relationship with the vendor. Here is the proof that I got spam for their product, directing me to the following websites they control...
Mediator: Do you have proof that DaGoodBoy agreed to be solicited?
Spammer: Uh...
Mediator: That will be $500 bucks. Next!
If I lose, I'll agree to pay $500 for the trouble. Hell, let this happen on a teleconference with a mediation company sanctioned by the government instead of court. I bet I could make a living just from persuing my spammers!
Either this or just look the other way while I set up an anonymous payout deadpool for the members of the ROKSO list...
Re:Give me the tools to defend my network!! (Score:1)
Re:Give me the tools to defend my network!! (Score:2)
http://www.awtrey.com/lists/ [awtrey.com]
DaGoodBoy
Re:Give me the tools to defend my network!! (Score:3, Insightful)
You get an email for XYZ Pizza. You take them to court and they cannot prove you opted in. They get fined $500 and eventually go out of business.
Meanwhile, ABC Pizza snickers because they're the ones behind the email.
Re:Give me the tools to defend my network!! (Score:1, Insightful)
Re:Give me the tools to defend my network!! (Score:3, Interesting)
Spammer: Yes! I have a receipt from Joe Blow's Low-Cost Opt-In Lists.
Mediator: And everyone on this list opts-in for e-mail advertising, even quack pills?
Spamer: That what Joe told me.
Mediator: Case dismissed.
Re:Give me the tools to defend my network!! (Score:2)
You're in Florida - Hire a SpamAssassin! (Score:2)
You're just using the wrong kind of Spam Assassin....
Sponsor of Can Spam Act? (Score:4, Insightful)
Who is the Senate sponsor of the Can_Span act? I sure will give him/her a piece of my mind. It doesn't matter if it is my Senator or not. Whoever it is has to accept responsability for putting this piece of trash into law and needs to hear from everyone affected by it.
Re:Sponsor of Can Spam Act? (Score:2)
http://www.the-dma.org/ [the-dma.org]
Legislation (Score:4, Funny)
The Government doesn't know how to solve problems, all they know how to do is create legislation using their limited understanding of the problem. "Spam is bad, therefore we should make it illegal!" Nice job, congress, CAN-SPAM has been around for how long now? anyone notice a difference? Gmail does more to can my spam than any government ass could do anyday.
Wouldn't it be funny if there was a SPAM lobby that was paying fat sacks of cash money to sentaors and congressmen to "inform" them as to the benefits of SPAM? 'if we don't spam peoeple, we will be a country of small penis-ed, non-working-at-home, erectile dysfunctioned, people WITHOUT FREE IPODS!'
Re:Legislation (Score:3, Funny)
One treak, label all spam with ADV: in the subject (Score:3, Interesting)
Re:One treak, label all spam with ADV: in the subj (Score:1)
Too many have been paid (Score:2)
Re:One treak, label all spam with ADV: in the subj (Score:3, Insightful)
Re:One treak, label all spam with ADV: in the subj (Score:2)
That would be more than nice. While they are at it, maybe all of those junk snail mail ads that say "Important account information" or "Dated material" should be less deceptively labeled as advertisements.
1% of my spam obeyed those laws (Score:2)
not so..... (Score:3, Informative)
Tweakers (Score:2)
1> "human persons" must *not* send spam, "corporate persons" are exempt.
2> To distinguish the "sender" between the "transmitter" of the message and the identity in the message's "From" data field, see <1>
3> "Spam": see also "pork" [cagw.org].
Compare SPAM and telemarketing (Score:3, Insightful)
CAN SPAM act is passed. Nothing happens.
And most of the SPAM has every appearance of being generated in the U. S. You gotta think the CAN SPAM act is ineffective, perhaps by design.
CAN-SPAM should be repealed immediately (Score:3, Insightful)
Spammers should be forced to provide absolute PROOF that you signed up (and verified) that you wanted marketing mail. No selling of email lists. Ever get spams that claim "You're getting this because you subscribed from 207.92.115.25 on $date" at all? they should be able to *prove* that *I* subscribed.
CAN-SPAM has done nothing but open the floodgates for spammers. I have seen it in action, seeing as how I worked for a company that's now on the ROKSO list. I got to deal with it every single day.
CAN-SPAM is a *total failure* and the only right thing to do is repeal it and send it back to the drawing board, allowing the states to come up with their own laws.
Re:CAN-SPAM should be repealed immediately (Score:1)
Sadly, yes, I do get those messages. And a lot of the time, they still have $date or %date in them, signifying to me the spammer didn't read the instructions on his spam software correctly.
Some stats from a real live domain (Score:3, Interesting)
Mail rejected because account didn't exist (BRT)
server1: 1,411,109 (May15 16:24 - May 16 18:05)
server2: 1,423,574 (May15 20:32 - May16 18:09)
server3: 1,309,968 (May15 10:14 - May16 18:13
Mail rejected by RBL
server1: 235,397 (May15 16:24 - May 16 18:05)
server2: 287,573(May15 20:32 - May16 18:09)
server3: 279,709(May15 10:14 - May16 18:13)
Mail actually delivered to mail spool
(i.e. before spam assassin checking):
server1: 112,634 (May15 00:06 - May16 17:58)
server2: 146,300 (May15 08:47 - May16 18:08)
server3: 57,055 (May15 11:31 - May16 18:13)
Totals and percentage of total mail processed over ~24 hours:
Mail Delivered: 315,989 6%
Mail Rejected RBL: 802,679 15%
Mail Rejected BRT: 4,144,651 79%
Judging by my own e-mail, and the amount of spam that gets through for spamscope to dispatch less than 6% of all e-mail being sent is legitimate.
Re:Some stats from a real live domain (Score:2)
In other words, 99.9% of the email at my server is dropped.
The problem I see with the bounces is the recipient mail server should validate email addresses before forwarding email to another mail server, i.e. validate it at the gatew
Some minor tweeking (Score:1)
OT: what about regular mail spam? (Score:1)
Before I try going to the post office and getting a glazed look from a postal grunt, does anyone know of a way to block all "Resident" mail, a complete opt-out of litter mills that don't even know my name?
Re:OT: what about regular mail spam? (Score:3, Informative)
The short answer is that it's not possible without a lot of effort on your part, perhaps more time than you spend filtering through the mail. The long answer is that you can cut junk mail to a trickle if you're willing to take the time. See Stopping Junk Postal Mail [shat.net] and ignore the Adwords on the right si
CAN? (Score:2)
Re:Lets me be the first to say (Score:2)
Re:Lets me be the first to say (Score:1)
Re:Lets me be the first to say (Score:2, Funny)
- "Can I have spam instead?"
- "You mean spam spam spam spam spam spam spam spam spam spam spam and spam?!"
- "Yes."
- "Blaaarght"
Re:Lets me be the first to say (Score:3, Funny)
Want I realy wanted to be was a lumberjack
Re:Lets me be the first to say (Score:3, Funny)
Though the first may be more accriate