Europe Passes Pro-spam Law 95
Richard Jones wrote in
to send us a story from news.com talking about the
latest developments in
European Spam Law.
They basically ruled it legal. (CT:The U-Haul is returned, we have
a lot of unpacking to do, but next week should be back to normal
around here.)
Re:Definition (Score:1)
There is no "good reason".
No worries: Countries can still say 'no' to spam. (Score:1)
I'd be surprised if no more EU countries (other than Germany, where it's already illegal) take that provision and run with it.
Remember... Know your Enemy. The DMA is the Enemy!!
You're welcome.
The solution is obvious... (Score:1)
This is not a free speech issue (Score:1)
This is something that needs to be handled by users and between ISPs in the existing open market, capitalistic system. The question becomes what method will the average user accept? I think an outgoing mail quota isn't unreasonable. Users could be limited to, say, 10 outgoing messages per day. Anybody who needs to send more pays more for a high-traffic account. ISPs could form similar agreements between themselves so that if one host is looking to send an excessive amount of email to another host, they have to pay the target host for that kind of access. The smart ISP will pass some of the income to the users in the form of lower access fees.
Slashdot moderation doesn't work. (Score:3)
If you look at the responses, "scores" were handed out as to how well they fit the opinion of the moderator, rather than the vailidity of the argument.
A comment: the law passed isn't "pro-spam" in any way. It simply fails to outlaw spam. It acknowledges spam but this is not the same as legagitimizing it or protecting it in any way. What is this? if you aren't violently against it, you're for it? The 1996 Communication Deregulation Act (or whatever it was called) also did not contain any clauses outlawing spam. Does that mean it's "pro-spam"?
The previous paragraph is an opinion. It is not neccicarily the correct opinion, but it is a valid one.
But any opinion giving some kind of compliment to the "pro-spam" bill-- or even an indifferent, non-hating outlook on it-- was given a low score.
the "Why is this labeled "pro spam" ?" posted by Anonymous Coward was given a 1.
The comment that was most inflamatory and angry about the "pro spam" bill ("The "opt-out" solution isn't a solution") was given one of the two fives. This post basically pointed out the obvious flaws in the opt-out system (which, while flawed, isn't exactly going to make the problem worse). One of the replies to this, the one from "Melbert", quite eloquently pointed out the much larger flaws that "outlawing spam" has. this post was given a score of one.
The only non-pissed-off post i saw with any score at all was the "Definition" one, which got a 3. but that was it.
I'm not sure quite what this says. But i don't like it.Anyway, whoever was arguing against "moderating" slashdot earlier was probably partly right..
--just another AC
i feel cowardly.
Why is this labeled "pro spam" ? (Score:4)
I'm wondering why this EU law is labeled as being "Pro SPAM". It just isn't Anti-SPAM. The opt-out system is entirely voluntary, and it doesn't prevent any of the member countries to outlaw spam anyway. At most, it's a missed opportunity to regulate spam, leaving the Net to fix the problem by itself. I actually like what they've done here...
Levien
Re:Commercial? (Score:1)
I want to vote for Graham Watson... (Score:1)
...so why am I not allowed to vote for candidates outside my own country?
this sort of thing is exactly what the RBL is for (Score:1)
I'm sure the black-holing of even a few such emboldened domains should render this matter moot in a hurry.
Re:ISP need to levy fines against spammers (Score:1)
- The email provider takes your credit card number, calls up the appropriate authorities, and verifies that the number is valid. Results: More load on the credit card system. Anonymous and pseudonymous email become illegal. People with bad credit and those who prefer not to use credit can no longer legally use email. The cheap spammers go back to usenet flooding; the well funded ones get around ISPs.
- The email provider takes your credit card number, performs a checksum to make sure it is a well-formed number, and only calls Visa/MC/Amex if they feel like billing your number. [Forgive me if I'm remembering incorrectly that credit card numbers hold checksum information - just skip this paragraph...] Results: every scriptkiddie on the planet gets hold of the checksumming algorithm within a few weeks, and fake number generators proliferate. The situation stays basically the same as it is now, except that less people will use pseudonymous accounts for legitimate purposes.
- The email provider takes your credit card number but does nothing with it until they decide to bill you. Result: Less people use pseudonymous accounts for legitimate purposes. No other changes from the current situation. (Even a three year old can type in a random number.)
Further problems with this idea: it assumes that the only people running sendmail & pop servers are ISPs of some sort. What's to stop someone from getting some sort of connectivity, running sendmail, and shipping off all the mail they want from their own machine?
I don't think ISPs have any responsibility beyond denying service to people who misuse it
-Mars
What to do with SPAM (Score:2)
#ifdef SENSE_OF_HUMOR
How about everyone forwarding all the SPAM they receive to their government officials with polite requests that something be done about it?
#endif
Re:Definition (Score:2)
1. is unsolicited. The people you are spamming did not specifically ask to be added to your list.
2. is a mass mailing. You send the same email to multiple people.
3. the people you are emailing don't have a common thread which relates to the topic of your message. For instance, if you send an email to each of your Congressmen about a political issue, that's not spam.
If the above three are both true, then it's spam. Just try thinking of a situation where you obtain a bunch of email addresses without the addressees' permission, you send them all email, the email isn't about something which you know for certain will interest them, and your positive that it's still not spam. If you can't think of such a situation, then chances are my definition is a good one.
--
Timur Tabi
Remove "nospam_" from email address
ISP need to levy fines against spammers (Score:3)
IMHO, it should be illegal to obtain an email account (and hence the ability to send email) unless billing information is provided. If your ISP catches you sending spam, your account is closed AND you are billed $100 (or more). Email accounts can still be free, but you should have to provide a credit card or some other means by which you can be billed.
--
Timur Tabi
Remove "nospam_" from email address
Rwithin EU ... (Score:1)
it's diferent here in slovakia with spam. we're not in EU, we're just discovering internet, ... and law are bad in more important areas than privacy protection, etc.
i agree (Score:1)
i agree ... (Score:1)
on the other hand, numbers you mentioned are too low for me (not wery often, but it happens :) but those are subject to discusion and agreement between user and ISP, between ISPs, ... so we should not argue about those numbers right here :)
central anti-spam database (Score:1)
Gah. (Score:1)
---
"'Is not a quine' is not a quine" is a quine.
Span being legal is NO problem. . . (Score:3)
I just wanna see how many spammers stick around after their first spam with a valid reply to address. . .
** Martin
You must be joking ... (Score:1)
been redirected from US mailservers. More
importantly, the US admins seem less inclined to
close holes in their servers than those in the EU.
Please feel free to killfile European sourced
mail, as I detect a distinct smell of xenophobia
in your ill considered post.
Chris Wareham
Really Wacky Idea (Score:1)
I thought up this idea [best.com] some time ago (though I've yet to actually put it into practice). The idea is to add a custom header to all my outgoing messages citing the license, so that spammers "stripmining" the net for email addresses are on notice that my email addresses are not to be spammed.
I figure, if shrinkwrap "agreements" are supposed to be enforceable for big corporations, then why can't us lowly peons use the same mechanic to our advantage?
Schwab
Link to CAUCE (Score:5)
Schwab
Re:What to do with SPAM (Score:1)
And take the time to report it (Score:2)
If you'd prefer that we not hit you in the face... (Score:5)
If you'd prefer that we not sleep with your girlfriend again, please drop us a note.
If you'd rather not have your house robbed again, please call this number.
If you'd prefer that we not steal your services again, please reply to this address.
No, "opt out" is not an option.
Re:The "opt-out" solution isn't a solution (Score:2)
One-way hash functions are your friends. Submit your address to a central remove database, they store the MD5 hash. Spammers can MD5 each address on their list and see which hash to something on the remove list, but they can't take the remove list and reconstruct addresses. (Government and/or ISPs publish "trap" addresses and add them to the list to catch spammers who ignore the list; well-publicized free services exist to strip opt-outs from an arbitrary list of addresses.)
Why can't a centralized opt-out method be made to work in this way?
Alan
Re:Good decision... (Score:1)
Basically, the spammer's rights end at the point they begin to infringe upon the rights of others. They have the right of free speech, but they do NOT have the right to harass people with spam.
Re:this sort of thing is exactly what the RBL is f (Score:1)
Re:Why is this labeled "pro spam" ? (Score:2)
The problem here is that there is no middle ground. Doing nothing favors spammers by failing to require them to be accountable for the costs they force upon users and their ISPs. Thus the legislation IS pro-spam, it just doesn't bill itself that way (it doesn't make your constituents very happy to hear "yeah, today we passed legislation that does nothing to help you. In fact, it hurts you since you have to opt-out every time someone spams you. Next, we're thinking that we're going to amend our assault laws. If someone beats you up, you have to tell them you want to 'opt-out'. So if they do it again, maybe then you can take action against them. Oh, and BTW this is going to make our area look really attractive to bullies...". Yeah, the public will like to hear *that* one.)
Re:Slashdot moderation; we need NNTP here. (Score:2)
And, once more for the record, I *still* think all these posts should be available via NNTP, so we can use our newsreaders and 1) do our own filtering and scoring, and 2) keep track of which articles we've seen already much more conveniently (I use nested or threaded mode, at -1 because I frequently disagree with the scores I see assigned, which means in order to see new posts, I have to reload the page all the time and wade through everything I've already read. I'd set a higher score level, but then, as you noted, I'd miss the less-popular viewpoints, and the opposing side is often the side I want to hear from, not everyone that I agree with. Strange that so many alleged "unpopular geeks" seem to have such a problem with the unpopular opinion!).
Whatever. Using a web browser to read hundreds or thousands of Slashdot posts is a horrible kludge.
Re:Gah. (Score:1)
Or something like that. Spammers can e-mail me at pdrap@concentric.net, and I promise that I'll f**k you up as hard as I can.
Re:ISP need to levy fines against spammers (Score:1)
How much spam do people get from the Concentric Network? Not much. In the past month, I've gotten 3 mails, and in the year before that, nothing at all. Those 3 unlucky fools who spammed me from Concentric were charged $200 for each incident.
It's not that hard. They already have their credit card number. If uu.net started charging people $200 for each spam incident, then uu.net would instantly stop being a spam haus.
This is the only thing that really really works. How can we start a public movement to make people adopt this sort of license?
Slashdot effect for good? (Score:2)
What would be the effect if everyone set up a free e-mail address forwarding to the representative of your choice, and posting the address on the Usenet?
Note that I am not advocating this, I'm just wondering what would happen?
You ask for too much... (Score:1)
Re:ISP need to levy fines against spammers (Score:1)
No... (Score:1)
Re:Definition (Score:1)
The people you are emailing don't have a common thread which relates to the topic of your message. For instance, if you send an email to each of your Congressmen about a political issue, that's not spam.
How about if I send out emails to all Americans telling them to vote for Al Gore? They have a common thread (they are American voters) but I think everyone will agree that that is spam. Or what about sending out messages to people because "they are in my address book"? Obviously this is a stretch, but on the other hand, I occasionally send out email to a group of 10 to 50 people whose only connection is that I happen to be acquainted with them. (Jokes, party information, etc) Another example would be the president of the U of Minnesota sending out emails to the entire U of M community. This is probably appropriate for him, but would not be appreciated if I did it. So depending on the wording of this third criteria, I think it either allows most spammers to get through or unreasonably restricts the use of mass mailings for legitimate. I think that third criteria needs to be refined before it could be put into anything resembling good law. And until I see one, I don't think its a good idea to start regulating the flow of information via email.
Definition (Score:4)
So, sign the petition (Score:1)
I tried to submit the story about our petiton to the European Parliament (http://www.politik-digital.de/spam/) several times to slashdot, but it was ignored.
Well, now that the damage is done, I guess it's too late.
Re:Spam is illegal in Germany and will stay that w (Score:1)
my name, email address (and thus my employer's name) in
a database without noticing me, in violation of the French
"computing and freedom" act.
Problem: I get very little spam from France. Almost all the
spam I get comes from the United States.
Let's note that spammers are often very stupid: they
spam non-US address like mine with things only
pertaining to US citizens or to US residents.
Re:Lovely. I'm killfiling Europe. (Score:1)
Re:ISPs need to SUE spammers (and some do) (Score:1)
It's probably legally dicey to enact some kind of after-the-fact fine system, but that's exactly what small-claims court is for.
Re:The "opt-out" solution isn't a solution (Score:1)
Re:Good decision... (Score:1)
Want to say something on the net? Put up
a webpage! Make sure the search engines pick it up, and anybody interested will find your site.
There is such a thing as the "free silence" issue too. I am free to not listen to the "free speakers" out there.
Re:Definition (Score:1)
Re:Span being legal is NO problem. . . (Score:1)
So I go get an account from AOL and spam a zillion people. They could then legally flood my mailbox with complaints, but that doesn't mean I have to read them.
Re:Spam vs. Junk Mail (Score:1)
My house is private; my telephone and emailbox and snailmail box should be also. It is not okay to harrass someone just because there's no law against it.
Re:Good decision... (Score:1)
If I break into your house for the sole purpose of telling you why Dove soap is better than Ivory, it's illegal even though all I'm doing is speaking to you. I can't yell "Fire" in a crowded theater, because I am in effect causing the deaths of everyone who gets trampled.
So yes, I _do_ want the government to regulate spammers. If they want to stand out on a street corner and explain how to MAKE.MONEY.FAST, that's fine. But not in my house, not using my telephone, and not on my computer.
Re:Definition (Score:1)
#3 kills it. Someone send yet another MMF message to 1 million addresses culled from Usenet and the Web, and then when called on it they say "Everyone I sent it to can reasonably be assumed to be interested in a way to make money. The message was about making money. My post is not spam because all the recipients have a common thread of interest related to the message I send, hence it doesn't meet part 3 of your definition, and I dare you to prove otherwise.".
Re:Definition (Score:1)
All these people post to the "U.S. Cat Lovers Club", which relates to my ad for how to train your cat to write perl scripts.
All these people are on the internet, which relates to my ad for CRAZY COMPUTER BARGAINS.
All these people run web pages, which relates to my ad for how to make your site get 1 million hits a day.
et cetera, et cetera, et cetera...
Three cheers! (Score:1)
The real issue is the lead in the article: the EU has set rules for where businesses should be regulated. This is _considerably_ more important than it appears at first glance to an American.
Consider the fact that it is illegal in Germany to possess nazi paraphernalia, and it's certainly illegal to _sell_ it. So what happens if someone in the Netherlands, where as far as I can tell it's more or less legal to do anything, puts up a website selling Nazi flags? Can he be prosecuted under German law?
Until yesterday the answer was YES. Now the answer is no
This problem has echoes in the US in cases where proprietors of pornographic web sites in California have been prosecuted for violating the community standards of southern states.
It's been a good week for sanity on the part of government: US encryption restrictions were tossed, and the EU put forward an unusually intelligent ruling that says that on-line companies exist in the place out of which they are operating and are not subject to the laws of the country in which the client of the company lives.
[Intelligent readers will note that this means that rogue companies can operate out of somewhere like, say, Aruba. That is true
Re:Slashdot moderation doesn't work. (Score:1)
the right people had read the posts and changed their scores.
EuroCAUCE (Score:3)
Good decision... (Score:2)
But do we really want to set the precedent of governments restricting the internet in this way? After all, whether you like it or not freedom of speech is freedom of speech. Once you begin applying "censorship" and restrictions, you're on a slippery slope that will be difficult to escape from.
You can't shout "Free speech for everyone!" in one breath, and then in the next breath allow them to do something like this because it's convenient and you maybe won't have to press the delete key on your mail client as many times a day...
Keep sight of what's important...
Commercial? (Score:1)
Unsolicited commercial email - normally it is quite clear if the intent of the spammer is to try and sell you something, legit or not. I find it difficult to imagine a case where it would not be clear if the sender was trying to make money somehow (although there may be some borderline cases but I can't think of any).
But there are other types of 'spam' that don't fall into this category, eg the "hello friend i want to convert you to my religion" variety. I don't want to get that crud either.
But perhaps banning email that is (mass-sent && (commercial || a_scam) && unsolicited) would be sufficient to lower the quantity of unsolicited unwanted garbage to acceptable levels.
The "opt-out" solution isn't a solution (Score:5)
Firstly, there is no guarantee at all that a spammer will remove you from his/her list. In fact, the opposite seems to be the case for most spammers.
Secondly, it requires effort, time (and consequently money) from the consumer to figure out how to get their email address removed from a spammers list. This would be OK if it was just a small handful of lists ever, but most spammers seem to each have their own "remove" list, and with each new spam mail I get, there seems to be a new address to reply to to "remove". So in reality consumers would probably be doing the "remove me" thing several times a week. Also, many of the "remove me" email addresses are simply bogus addresses.
A centralised "remove" database does not work either. The majority of spammers ignore this information, since they don't really give a rats ass if you don't want to receive their junk. Some spammers may use this information to *create* lists.
Most spammers will NOT remove you from their lists if you reply and type "remove" - on the contrary, replying often simply lets the spammer know which email addresses are active. Thus it is "unsafe" to "hit reply and type remove", so I do not do it.
As for "legit" companies, well, legalising spam, including the opt-out approach, also allows basically any company with access to your email address to spam you. So you can be sure that every few days yet another company will have "purchased" your email address as part of some spammer database and will be sending you advertisements for their products. The consumer will have to opt-out of every single one of these.
Companies have NOT shown in the past that they can be trusted wrt privacy; rather, they have shown quite the opposite (very large companies like Intel "consumer is the enemy", Sun "you have no privacy, get over it", and that other one have demonstrated they don't care about consumer privacy). Do you trust a company with your email address to not sell that information? Do you trust a company to delete your email address completely from their database? Do you trust companies not to 'exchange' information about consumers buying habits, etc etc?
Lastly, all the "usual" anti-spam arguments also apply, for example that most of the burden of cost is carried by the unwilling recipient of spam, typically through time and increased ISP costs.
Spam, all types of it, should be plain and simply illegal.
EU != Europe (Score:1)
(And barely half of the countries in it follow their laws
Re:ISP need to levy fines against spammers (Score:1)
:: ISP's start levying fines against anyone using
:: their system to send spam.
You have now made it dramatically more expensive for ISPs to stay in business. I guess we can deal with there being only five ISPs for the whole net....
:: IMHO, it should be illegal to obtain an email
:: account (and hence the ability to send email)
:: unless billing information is provided.
You have now dramatically increased the cost of providing a free email account. They will cease to exist.
Re:The "opt-out" solution isn't a solution (Score:2)
How?
How is it to be made illegal?
Who will enforce this law?
How will they enforce it?
I do not mean these as rhetorical questions.
I do wonder how a mechanism like this would work.
Do we want governmental forces shutting down providers? Do we want end-to-end audit trails on all email? How would we prevent a rogue hacker from sending 'fake' spam advertising a legitimate site to get it shut down? A few hackers could take down slashdot.org linuxmall.com cheapbytes.com etc. with little effort. Unless we're ready to accept a spam-free police state, I don't see a way out.
There's probably little unregulated spam in Singapore.
Spam vs. Junk Mail (Score:3)
Re:ISP need to levy fines against spammers (Score:1)
Re:DMA (Score:1)
How do I know? Friends in the business
Charlie
(Now if we could get the fly by nights to listen)
Re:DMA (Score:1)
Charlie
I am sure it's Watson99@aol.com (Score:4)
I am sure he's on AOL...
Even though spam can be anoying I would have been really worried if incompetent European politicians would try to regulate it (I have to know - I'm from Europe). Judging from what happend in the past (e.g. CompuServe blocking porn newsgroup sites because of Germany), they do more harm than good anyway.
Re:Anyone have email addresses? (Score:1)
You can find links to email addresses on;
http://www.europarl.eu.int/groups/en/default.ht
Regards,
Rob [mailto]
Re:Really Wacky Idea (Score:1)
I have got a link to my spam policy [webster.nl] in my signature.
I don't know whether this actually helps, but the measures discribed in it certainly do. The junkmail went down from one per day to one every few weeks.
Rob [mailto]
Graham has it right. (Score:1)
"Bloody nuisance" is exactly what spam is.
Let's see
Bloody nuisance, indeed.
Re:Excellent News! (Score:1)
Spam is illegal in Germany and will stay that way (Score:4)
"pro-spam" regulation.
UCE is a form of advertising that is not legal
in Germany, which is part of the EU.
Maybe I am getting the details wrong:
Basically, if my competitor uses UCE for
advertising, I can have my lawyer send
him a letter asking to stop it, to send back
a written statement that they will stop using UCE
and are happy to pay me cash if they do it again.
Of course, THEY have to pay my lawyer.
Apart from this, there is a law regulating the
processing of person-related data. Most of the
time, they pretty much must have violated that
to get your email address. (The law does not
apply to persons doing this for private reasons)
So, you can still send spam if you are doing
it for private reasons. ("REPENT NOW!" or somesuch)
But then, this will constitute a violation of
the policy of your online provider - off you
go.
I have received spam from german companies
exactly twice. Both had their account revoked
at once, and had to pay the cost of the sysadmins
to do the cleanup. (Actually, they had to pay
the time the sysadmin needed to revoke their
account, too.) Both were not done via bulk-mailing
software, but were commited by newbie users
who did not know better.
I have never received spam from other countries within the EU - it's only you US folks who can't get your companies to behave