MySpace Sues Spam King 118
Harry Maugans writes to mention a lawsuit filed by MySpace against Scott Richter, the 'Spam King'. Filed under California's harsh anti-spam laws, the suit alleges that Richter sent millions of unsolicited 'bulletins' to MySpace users over the past few years. From the article: "The suit is aiming for monetary damages and an injunction that would permanently ban Richter and his affiliates from MySpace. The amount of money sought by MySpace has not been disclosed. Richter was already ordered to pay $7 million in a 2003 lawsuit filed by Microsoft after initially refusing to settle the dispute for $100,000. Microsoft announced in 2005 that it would be using the money from the settlement to fuel further antispam operations."
Unfortunatly it is the only way to go. (Score:5, Insightful)
Re:Unfortunatly it is the only way to go. (Score:5, Insightful)
To make spam stop is to educate people not to buy crap they advertise.
Re:Unfortunatly it is the only way to go. (Score:5, Insightful)
There are actually differnt levels of spammings.
Level one. People have a legit product/service to sell, they were gullible enough to beleave spamming works well and it is legal and just like any other form of marketing.
Level two. They still have a legit product/service, they know it it could have a negitive back lash and there are some legality issues what are not 100% clear but they figure the Benefit is worth the Risk.
Level three. They have a Questionable product/service and want to buisnes anonmymously with legal forms of advertising out Spaming is the only alternitive form.
Now with high legalsuits the Level one and Level twos Spammers will rethink thier options with spamming. Level 3 will still be there but it will reduce the Legit qualitys of Spam even further making each lawsuit more and more easy to convict spammers.
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Although victims of spammers are often the most stupid of stupid people, it might be the case that a concerted education attempt will affect some people, if only in the field of basic literacy. Perhaps a realistic target might be one mistake every 6 words, on average?
Whether "high legalsuits" will help or "crap over spam will still be sent" is anyone's guess, once they've taken a guess at what that means...
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(I'm a former BBS SysOp as well, so I'm making fun of myself as well.
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That's often the case, but not always. It might be that reasonably intelligent people see a private, discrete way to get Cialis or Viagra. Worst-case, they're out a few dollars and have to quickly cancel a credit card. Best case, they got what they wanted without the perceived embarrassment of going to their physician.
Don't confuse ignorant (or greedy, in the case of stock-spam) with stupid.
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I suggest we spam these stupid people with messages urging them not to buy things from spam messages, or else someone's gonna hunt them down and kill their pets and/or livestock.
Same thing for the assholes who drive whilst on the phone.
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Then you get into the old "which do you believe" argument. If a television show tells you that extensive television viewing is bad for you you'll find yourself in a serious connundrum. :)
Bad drivers are bad drivers, period. The cell phone is just the latest excuse.
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Oh, believe you me, I've seen drivers doing more and scarier things than this mundane stuff you outlined. My problem with phones, in particular, is that it'
Wait for people to stop being idiots... (Score:5, Insightful)
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Go after the so-called legit companies that Spam their own customers and allow individuals to sue under CAN-SPAM (or simply get that law off the books so we can seek civil action without corps using CAN-SPAM as a shield).
Technology types promote spam by letting big companies abuse personal information, misrepresent privacy policies ("we value your privacy... read on to see how we value your privacy by selling your info to anyone"), or re
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funny joke.
Re:Unfortunatly it is the only way to go. (Score:4, Funny)
Or we could take a few of the big ones out and stake them out in the desert like one of those old western movies. Then we could strip them naked, poor honey all over them and sit back and wait for the ants. We could even pass the day by placing side bets on what would get them first, the sun or the ants.
Then we take the video an post it to youtube.
It's just a thought....
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Repeat until spam is no more. Sadly Richard Dawson probably wouldn't agree to host it but we can always ask nicely and hope.
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Re:Unfortunatly it is the only way to go. (Score:5, Interesting)
did I miss anything?
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The Department of Education isn't a law enforcement agency; they don't have the authority to go after things outside their department.
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For works created after January 1, 1978, the duration of a copyright is for the life of the author plus 70 years [wikipedia.org]
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That's when you hit 'em with a Thor Shot.
"do a better job hidding" (Score:2)
Both Work and Will Required (Score:3, Insightful)
In a world where:
people only accept mail signed with domainkeys
AND
law enforcement does its job WRT spammers
AND
machines don't accept connections from jurisdictions that don't have or don't enforce their anti-spam or computer trespass laws
then we stand a reasonable chance of tackling spam. Somebody wake me when that world arrives.
Yeah, yeah, balkanization, blah, blah, blah - ther
Re:Unfortunatly it is the only way to go. (Score:4, Insightful)
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I would gladly pay a few bucks to fund such an operation.
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Your idea won't work. (Score:5, Insightful)
( ) technical (*) legislative ( ) market-based ( ) vigilante
approach to fighting spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
( ) Spammers can easily use it to harvest email addresses
( ) Mailing lists and other legitimate email uses would be affected
(*) No one will be able to find the guy or collect the money
( ) It is defenseless against brute force attacks
( ) It will stop spam for two weeks and then we'll be stuck with it
( ) Users of email will not put up with it
( ) Microsoft will not put up with it
( ) The police will not put up with it
(*) Requires too much cooperation from spammers
( ) Requires immediate total cooperation from everybody at once
( ) Many email users cannot afford to lose business or alienate potential employers
( ) Spammers don't care about invalid addresses in their lists
( ) Anyone could anonymously destroy anyone else's career or business
Specifically, your plan fails to account for
( ) Laws expressly prohibiting it
(*) Lack of centrally controlling authority for email
(*) Open relays in foreign countries
( ) Ease of searching tiny alphanumeric address space of all email addresses
(*) Asshats
(*) Jurisdictional problems
( ) Unpopularity of weird new taxes
( ) Public reluctance to accept weird new forms of money
( ) Huge existing software investment in SMTP
( ) Susceptibility of protocols other than SMTP to attack
( ) Willingness of users to install OS patches received by email
(*) Armies of worm riddled broadband-connected Windows boxes
( ) Eternal arms race involved in all filtering approaches
( ) Extreme profitability of spam
(*) Joe jobs and/or identity theft
( ) Technically illiterate politicians
( ) Extreme stupidity on the part of people who do business with spammers
(*) Dishonesty on the part of spammers themselves
( ) Bandwidth costs that are unaffected by client filtering
( ) Outlook
and the following philosophical objections may also apply:
(*) Ideas similar to yours are easy to come up with, yet none have ever
been shown practical
( ) Any scheme based on opt-out is unacceptable
( ) SMTP headers should not be the subject of legislation
( ) Blacklists suck
( ) Whitelists suck
( ) We should be able to talk about Viagra without being censored
( ) Countermeasures should not involve wire fraud or credit card fraud
( ) Countermeasures should not involve sabotage of public networks
( ) Countermeasures must work if phased in gradually
( ) Sending email should be free
( ) Why should we have to trust you and your servers?
( ) Incompatiblity with open source or open source licenses
(*) Feel-good measures do nothing to solve the problem
( ) Temporary/one-time email addresses are cumbersome
( ) I don't want the government reading my email
( ) Killing them that way is not slow and painful enough
Furthermore, this is what I think about you:
(*) Sorry dude, but I don't think it would work.
( ) This is a stupid idea, and you're a stupid person for suggesting it.
( ) Nice try, assh0le! I'm going to find out where you live and burn your
house down!
Thanks to Cory Doctorow [craphound.com] for his excellent form post.
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Everyone else is doing it... (Score:2)
Re:Your idea won't work. (Score:5, Insightful)
Actually, it was a judicial solution
They already know where this guy lives, and M$ is apparently collecting money from him.
Not really, since our courts already have wonderful ways of dealing with uncooperatives.
Not sure how this applies.... You sue each individual spammer, so no central authority is needed.
Foreign countries with different laws (or standards of justice) could be problems. But in reality, most spam comes from two or three dozen operations, and most of them are in the US or Europe. So the legal problems are not as complicated as you might think.
Ibid.
This solution specifically avoids this problem -- by removing the source of spam rather than trying to stop it technically.
Again, our courts have good safeguards for this.
Ibid.
The laws have only been in place for a couple of years. And the big spam-victims have started to use them. We'll see how effective they are.
How is this a feel-good measure? People are actually suing the spammers right now. He's saying we should do more of that (which I'm sure the major spam victims are working on as we speak).
Maybe not. Maybe we'll take down the big spammers only to find out that a bunch of little spammers from Indonesia take their place. But it certainly seems worth a shot, particularly if we can get large amounts of money back from the spammer assholes.
-Esme
Sigh... (Score:5, Insightful)
The real problem is tracing the idiots who send the spam- while we can sue the pants off the few people we can find, we can't find everyone. Also, we have very limited jurisdiction over most of the world- we may be able to identify some Spammer's IP, but we need cooperation with the authorities to do anything about it.
Basically, sueing spammers works great when they are in the U.S. and identifable, but that is not going to stop Spam. Obviously we should sue the buggers we can find- but thinking that will solve the problem is far too optimistic.
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Foreign countries with different laws (or standards of justice) could be problems. But in reality, most spam comes from two or three dozen operations, and most of them are in the US or Europe.
US. We dirty, socialist Europeans might be primitive backwater savages living in a communist utopia without realizing that only War on (Terror|Drugs|Communism|Whatever) makes true happiness and we are also far behind in turning out countries into surveilance police-states, but at least spam is not originating from Europe in considerable quantity.
Check the ROKSO list [spamhaus.org] if you want to know who the top spammers are.
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Right you are (though there's some debate about the surveillance police-state, bit). There are a grand total of 15 European spammers on the list, even with a rather broad definition of "Europe" (Russia, Ukraine, UK, Bulgaria, Bosnia, and Italy). There are a similar number from Asia.
But I think the take-home message from the list is that most spammers are based in the US, and easily reachable by our courts.
-Esme
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Although, Now that I think, I haven't received one of those CDs in sometime, Could it be that someone already did it?
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AOL pays the postal services to deliver their crap. Spammers make the recipient pay for their crap.
If it weren't for AOL and junk mail in general, you would pay MORE for your postal service. If it weren't for Scott Richter and the like, you would pay LESS for your internet service. (and it would be significantly better as well.)
One of my customers is a moderately large company, with about 4000 employees. They have spent about a quarter million dollars on anti-spam
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They have spent about a quarter million dollars on anti-spam software and hardware, which doesn't include the cost of bandwidth, storage, man-hours, or lost productivity.
Besides the quarter million spent in software that probably can get for free. Do you think that hardware, bandwidth and storage prices are heavily influenced by spam? Isn't that like saying that bricks and paint prices are influenced by graffiti?
I know it's annoying, but does it make any sense? That just promotes vandals doing it just for the fun of "catch me if you can".
But that's just my point of view of causeless wars. They need to be penalized, but I don't think it's necessary to worry that much
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Your 'brick and paint' argument makes no sense. Graffiti doesn't consume bricks. It does consume paint of course, and probably does affect the price
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4000 employees - we'll take an average salary of $50,000 (I know it's not this high directly, but the adage of 'an employee costs double their salary') at a minimum. The company needs to be earning at least this (and obviously, quite a bit more, on capital, infr
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In other words, we're not spending money protecting an asset, we're WASTING at least HALF A MILLION DOLLARS PER YEAR, by allowing
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Punishment (Score:1)
and maybe cut out their eyes, or is that a tad harsh?
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It hasen't stopped in this case. Does anybody know if MS has collected their 7 million? A 7 million settlement hasn't stopped the spam king.
Richter was already ordered to pay $7 million in a 2003 lawsuit filed by Microsoft after initially refusing to settle the dispute for $100,000. Microsoft announced in 2005 that it would be using the money from the settlement to fuel furth
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In related news... (Score:5, Funny)
Mod parent funny (Score:2, Informative)
mmmm, spam (Score:5, Funny)
Banned? (Score:4, Insightful)
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IANAL (Score:5, Interesting)
Are bulletins considered emails? I would say no.
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Or, you probably havn't.
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Given the way the law is written [spamlaws.com], the relevant question is not "are bulletins e-mail", but whether a bulletin is "an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages".
The interesting thing is that Myspace uses e-mail addresses as login ids. I suppose they will argue that any message to a Myspace user is therefore "
Circular definitions (Score:2)
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Bulletins may not be email (Score:3, Insightful)
I'd be surprised if the California anti-spam laws were formulated in terms of emails, rather then "electronic messages" or something similar.
This doesn't make sense. (Score:1, Redundant)
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It makes sense if you RTFA (Score:5, Informative)
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I mean really, committing fraud to phish users' passwords, and then using harvested passwords to access accounts that don't belong to you? Your or I would go to jail for that.
Of course, he probably has some kids in Russia or China he pays that does all this for him, thus making it impossible to track it to him.
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Now click here for a free PS3!
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Do I get my PS3 now?
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He was on the Daily Show (Score:5, Funny)
They interviewed this guy on the Daily Show [google.com] last year. Fun watch. He insisted he was not a "spammer" but rather a "high volume e-mail deployer". He also argued that people "want" to get the e-mails he deploys.
I wonder how he will spin unsolicited bulletins sent from stolen MySpace accounts? "People enjoy receiving bulletins from their friends about valuable products and services. We just help them do that."
Re:He was on the Daily Show (Score:5, Interesting)
To think of it. This dude sends 100 mio. mails per day. And CAN-SPAM or not, they let him continue for over 2 years even after this. That's 73 billion mails. Spam-excusers say "it takes only 5 seconds to delete an unwanted mail". Following that we're talking 101 million hours here. I'll leave it to someone else to put that in terms of productivity and national economy.
Scott Richter - sole destroyer of the US economy. Hey, maybe we can get him under some terrorism law?
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It's covered under the Rules of Spam [pennypacker.org]
Rule #1: Spammers lie.
Hopefully Rule #4 will soon follow to completion.
Rule #4: The natural course of a spamming business is to go bankrupt.
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Yeah. That'll fly.
Hmm.... (Score:2)
... but unconfirmed reports state that Myspace is demanding that the settlement will be paid in several large shipments of "V1@gr@" and "Ci4lis"!
Myspace bulletin "spam" isn't really spam so much (Score:1)
I thought the "Spam King" was Sanford Wallace? (Score:3, Interesting)
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There are a few crowned "Spam Kings". The Spam Queen, Laura Betterly has retired. I'm not sure what the spammish rules of secession are, but I'm hoping for a spam War of the Roses.
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Nature abhors a vacuum, and all that.
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Spammer's Justice (Score:2)
It would have been easy to find him. He'd been the only one on MySpace with no friends.
I hope they spammed him a summons every 3 minutes.
Simple solution (Score:3, Funny)
Spammers practically own myspace (Score:4, Interesting)
Heck, they even ignore messages sent to them just like real myspace users.
In soviet russia... (Score:1)
Lawsuits won't work (Score:2)
Throwing these scumbags in jail for decades at a time for fraud and theft and vandalism is the only real solution
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No, while having every spammer be sued and lose would be nice, you avoid having a tempting "under-the-radar" space if spammers of every description get sued (even if not all of them)
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spammer out there, just a significant percentage of them, right across the board. Nailing the top three every four years isn't going to do any damage, but nailing 80 of the top 200 every year without fail would be a better deterrent. Similarly, your criminal vs. civil prosecution argument supports the same point, except for one point: It's hard to collect on a civil lawsuit, particularly if the d
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