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SPAMMING and Internet LAW

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Why are we placing so much importance on spamming, when in the off-line world, the LAW does not protect me against junk mail.

Internet LAW that would so-call ?protect the e-mail user? from ?junk e-mail? would kill entrepreneurship over the Internet.

Internet users? protection and privacy laws must not impose on individualism. I cannot stop the ?Vlaams Block?, a racial political party from placing their publication in my mailbox. Maybe, since I live in a ?Flemish town. So does the geographical location bear on my rights within the federal borders?

Hence, where are these borders on the Internet?

Technology offers ease of life to all, but it must be said that all do not benefit. Rather, the application service provider by LAW should provide a standard filtering profile, which allows the users to eliminate, but not kill communications on the Internet and the valuable field of Internet ?junk e-mail? advertising.

In other words, ASPs need only have policy statements passed by Internet LAW that clearly protect users? privacy by informing and building better filters.

To outlaw ?spamming? would be to kill what the Internet is about, which it is teaching us a lot about sharing common ground.

If we are truly looking to curb this apparent nuisance, we must first assess the off-line world.
I may place a sticker on my mailbox ?NO JUNK MAIL?, but does that deter, NO, for the racial political group?s newsletter is ?junk mail? to me.

In my opinion, an excellent way to remove this apparent nuisance would be for ISP/ASPs to have Public Spamming Boards. Rather than allowing the pass-through of SPAM E-MAILS, send light notes with a per user schedulable options of light notes receipt per day.

Nuisance removed,entrepreneurship lives on and the Internet retains its great sharing field.

All comments appreciated.

TSP

60 replies

by thechas

I think the largest issue with e-mail spam is that in some way, it costs the person who receives it.

This will become more of an issue as ISPs adopt a per MB billing rate over flat or per hour rates.

In the US anyway, snail-mail is free to theperson receiving it.

Junk mail is also easier to sort out than spam is.

Again, in the US, you can request that your name be removed from mailing lists.
As yet, there is no similar method to keep your e-mail address out of the hands of the spammers.

A big factor for spam hate in the US, is the large number of mailings that are not allowed by the US postal service. ALL explicit mailings must have an outer envelope that includes a notice that the envelope contains explicit material.

Then, look at the cost of spam to corporate networks.
Server space
Employee time
Virus scans

Since the spammers do not PAY for sending their mailings, spam unlike junk mail does not subsidize the cost of providing internet service.

SPAM is acheap way to sell overpriced goods and services. However, the only person who makes any money off of SPAM is the sender.

Chas

by oldefar

In short, all Internet traffic costs borne by the recipients rather than the initiators are subject to abuse. The logical fix would then be to change the billing so that initiators bear the cost. The key advantages of the Internet are maintained, the key advantage to the spammer is eliminated.

As for recipient control, the solution may be the same as often recommended for security. Begin with an exclude all, and then allow receipt on an approval basis. The email filtering becomes one of acceptance instead of rejection.

Or is it preferrable to pass responsibility over to governments? Will laws against "annoying" behavior online set precedents for laws against annoying behavior in other situations? Will enforcement costs exceed what billing on a per message sent basis would cost? Is it smart to allow any authority to determine what is or is not spam on behalf of us all?

I have my perspective, but wonder what the rest of you think.

by guruofdos

Spam is easily dealt with....delete it or apply mail filters. My big concern is spam addressed to me personally using my valid e-mail address which even if I WANTED to read it, can't do me any good!

An example. Loan companies offering fantastic mortgage rates or deals on credit cards. My ears prick up at the prospect of a better deal than my curent providers, so I read the mail.....then at the bottom I read the line that says 'Offer open to US Residents only' or similar.

Hang on a minute?? My email address ends in '.co.uk', that is, it has a UK top level domain. It's pretty obvious to me that .co.uk email addresses would be unlikely to belong to a US resident! So why bother adding a UK (or .fr, .de etc.) e-mail address to a mailinglist when it's pretty obvious that the 'offer' can't be taken up by me?!!!

I think that if an international law was imposed making it illegal to transmit mass marketing email to top level domains which are outside the area of operations of the senders business then this would cure 80% of spam issues. Bulk lists should be parsed to delete addresses outside a national domain unless explicitly allowed by the recipient, and I believe this should be enforcable by law.

My fellow TR buddies inthe USA would no longer get bulk mail from UK loan companies, our German cousins wouldn't receive adverts for US Auto Loans and everyone in the world (apart from the US) would stop getting spam about cheap Viagra, 'Iraqs Most Wanted playing cards' and 'Make your penis 3 inches bigger today!'.

The rest of the world doesn't NEED Viagra or playing cards and an extra three inches wouldn't make my wife any more pregnant than she already is...but it would make her eyes water!

by areets

Where does the cost come from, Chas, if so believed? Open for discussion

Are ISP/ASPs looking to move towards per MB billing rate? Well if you continue to use that ISP/ASP, then it is at your cost and not mine. What advantages would ISP/ASPs offer their customers?

How does ?SPAM E-MAIL? affect storage cost pricing, hence to have a per MB basis? Storage has and will continue to reduce per MB. Flat rate costing is better for the market business model so as to offer value-added services thatwould provide the additional earnings. The user buys the basic package and has the CHOICE to buy value-added services.

The young student, with an entrepreneurship mind delivers mail for his ?pocket cash? could be or not knowingly placing ?junk mail?. So, ?junk mail? cannot fully be blocked, since we have personal preferences involved.

By adapting the arena, Public Spamming Boards (PSB) using ?light notes? to indicate to the subscribed recipients that ?SPAM E-MAIL? has been ?enveloped or stamped with acceptance? to be considered as ?explicit e-mail?. As is done in the real world.

by areets

When employee productivity is correctly measured then I am prepared to clarify why these elements: server space, employee time and virus scans are trivial elements that are immediately removed with better inter-relationship between governments, IT professional, businesses and customers to retain the primal reason of the Internet. ?Internet advertising? or to make it look dirty ?SPAM E-MAIL? is a very positive marketing technique, but rather than diminishing the playing field, why not maintain its flexibility.

There is ?NO OBLIGATION TO BUY?.

If ISP/ASPs are prepared to charge their clients for sending ?Advertising e-mails? then fine, no objections, but to deny this form of ?advertising is inappropriate since it defeats the purpose ofthe Internet.

by areets

Small businesses are affected as CNN reports, but the ISP/ASPs governance, in an official manor, must be responsible since they can offer the technology resources with the added value services, not government.

CNN has reported that there is highcost to large companies associated to ?SPAMMING?. Nevertheless, employees are reduced to cut cost but technology can be implemented to enhance the workplace ethics. Yes, that high cost presented, is due to inefficient ways of configuring collaboration environments. SMEs can fall through this loop, as collaboration servers may be too highly priced.

Splitting between Public and Private e-mail services, the ISP/ASP is the common factor. With Public Spamming Boards and better-achieved technologyimplementation efficiency, we can charge senders at a low cost. By sending ?light notes? to notify subscribed PSB users. Placing a standard format to ?light notes?, means catching the ?spam e-mail? is made easier, and as I see this as an improved option rather than authorities, indeed not allowing technology to offer ALL, the Internet.

by areets

Business and e-mail

How many businesses large and small that own their domain name and host private e-mail servers?

In earlier posts, I stated that businesses are under using their collaboration environment and this remains true.

As ?SPAM E-MAIL? presently stands, businesses can dramatically reduce their so-called high costs generated by ?Internet Advertising?. So, that high cost is left to be re-assessed, since with governance approach that incorporates the five currencies as posted here on TR would never generate that ?quoted cost?. At such ?quoted cost?, I would gladly build a PSB for my company, allowing all to use a single e-mail address, to centralize the incoming ?SPAM?. If SPAM E-MAIL reaches a PSB, then the entire company is ?Hit?, both sides are content.

Let us examine businesses that can afford and do use collaboration environments. Some of these companies have e-mail sweepers (PS: virus scanners are not for keeping spam e-mail out). Regardless of the recipientor sender, all e-mail transmitted between entities must be scanned for ?malicious intended? content or purpose that will impact your business in all presented circumstances.

ISPs forward ?mail to business network.
Business knows what is ?business content? and all can be determined with clear and precise internal policies.
Exchange collaboration server, for instance, have all that is need to quarantine ?spam e-mail?. Domino Lotus also!

by areets

But there is still an issue for those companies who ONLY have e-mail servers.

Nevertheless, BUSINESS e-mail addresses must be separated from PERSONAL e-mail addresses. Why do we combine? Open for discussion.

Since, single proprietorships and the like exist, they can purchase PSB subscription as an added value service.

Most companies have curtailed e-mail quantity as though it is an effective deterrent to better e-mail usage. I?ll tell you that management is convinced that by reducing mailbox size, it is a valid option to reduce overall cost, etc.. Wrong approach again. Open for discussion.

Antivirus professional has repeatedly said, that the danger posed by viruses and such like this present ?spam craze? can truly be removed by teaching good practices. But we applaud ?ambiguity? which continues to drive bad IT infrastructure management. We never seem to place the focus at the appropriate cross points.

How many companies allow their employees to send each other e-mails above 5k? Open for discussion.

TSP

by thechas

SPAM is a leach on the internet community.
The spammers pay nothing that subsidizes the service that delivers their messages.

Any business model that relies on free advertising is flawed to begin with.

ISPs are starting to look at per MB pricing.
If you check with our peers from down-under, you will find it is a growing method there.

As in all business issues, the reason is profits.
The business model assumes that a certain amount of usage will exist. As usage climbs, the cost of providing the service increases.

Most ISPs are charged for the access to the internet backbone by usage not a flat monthly rate.
Each spam e-mail adds to the costs that your ISP must bear.
Again, spammers pay no per mail fee, so unlike junk mail, spam does not subsidize the service that provides it.

Yes, spam is helping many entrepreneurs.
However, there business model is based on free mailings, not the internet itself.
While stopping spam will affect a few entrepreneurs, it will not bring down the internet.
To the contrary, many users look at spam as they view adult businesses in their neighborhood.
Removing adult businesses generally improves a neighborhood. Removing spam will increase many peoples willingness to use the web more.

It takes me 5 seconds to sort out my junk mail.
Depending on how I use my mail program, it can take several minutes to get rid of the spam each day.

Chas

by thamer

FACTS:

? The sheer volume of spam increases the workloads of mail servers enormously, and that server time costs money.

? Nearly half of all e-mail messages sent are spam and the spammers' favorite day to stuff
your mailbox is Thursday. http://www.pcworld.com/news/article/0,aid,110639,00.asp

? A Gartner study estimated that employees spend an average of 49 minutes a day managing e-
mail. http://www.theadvertiser.news.com.au/common/story_page/0,5936,6481006%255E21669,00.html

? Spam costs companies an average of $30 million per employee each week
? E-mail virus attacks cost firms as much as $2 billion each year.
(internetworld@bdcimail.com)

? Spam stays alive because people can send out a few million messages and makemoney with a .0000001 percent responses.

? Most products advertised by spam are fraudulent and nobody with his/her right mind is going to buy anything from them. More spam means means more people with .. right minds.

? Nobody with his/her right mind can have 15 doctorate degrees.

... Anyhow, for those who seem not being receiving enough spam ... here ... let me help you out.

http://www.techweb.com/wire/story/TWB20030521S0002

Thamer (... currently recieving an avergae of 9.5 Spamemails per day ... and i like it to keep it like that ... please.)

by areets

Hotmail can turn around that high percentage of "junk e-amil" to an addeed value service.

TSP

by oz_media

Can we really consider spamming a hotmail account a nuisance (sp?). I use my Excite account specifically for sites where I know I'll get a lot of crap. As long as it doens't come to the office, it isn't costing me money. I check Excite mail when I'm free and simply delete MOST email sent there. For sites where you have to get irrelevant newsletters from third paties in order to register, it is OK.
If my users were checking hotmail and excite accounts from the office it would then be MY job to see that they aren't. As I see it, Web based mail is a huge security issue for any office and should be avoided at all costs.

by hal 9000

Microsoft has instigated the abillity to control whatever e-mail that you send out in their newest OS 2003. It can be controlled by being unable to be forwarded/printed/cut & paste ect this is one of the few good things about this new OS now if onlythe price was better for the customer and not Microsoft it would be an excelent investiment.

But the groups like HotMail are usefull as they provide a service for people that travel around a country or the world as you can keep the same e-mail address no matter where you work or for how long you work there. I have a friend who works in all parts of the world currently he's in the UK but was previously in Irland, Saudia Arabia, Malaisia and I can't remember where else but by having the Hot Mail account he was always contactable no matter where he was working so there is the need for this type of business although it has a limited userbase if it is to be used the way it was invisiged.

by cactus pete

I don't think spamming should be eliminated, but it needs to be regulated - better.

My company just spent a lot of money to curtail the amount of spam we receive - we bought a filtering appliance for each office.

The downside is that we might stop legitimate emails, even if for a few hours, which could affect our business. However, the money we save in productivity should outweigh this potential problem.

Imagine how bad it is to receive 200 junk messages a day [no one I know gets thatmuch junk mail at home - or at work] to your work email account. Some of my users get that.

Picture how much money is wasted when 500 attorneys, worth $300/hr, spend even 10 minutes every day dealing with unwanted commerical email.

We need the regulation.

by oz_media

If your company uses GroupWise email, you may ba safer from Viruses but you still get spammed.
Until recently, Beginfinite's GWAVA has been the top tool for reducing GW SPAM (don't even mention that nexic Symphony junk).
Richard Gendron a Netwareprogrammer has coded a great tool call AVSMM that checks for SPAM and uses your existing Inoculate AntiVirus protection to mail headers at the MTA.
GWAVA costs - $1200 CDA per MTA whereas AVSMM is completely free and Mr. Gendron provides phenomenalend user support. http://www.rgendron.com

Now I don't feel this is SPAM because the title has targeted an audience and the product offering is a viable solution for that specific audience.
Oh, I don't get paid for it either. :-)

by john_wills

1. I get penis enlargement advertising from Argentina. I think it is mainly addressed to Argentines and that I somehow happen to have got into an Argentine junk list - I get a lot of stuff advertising delivery costs within Argentina.
2. I'm not sure your wife would notice any enlargement in your penis, except by looking at it: it would go deeper into her vagina, but I understand that it is the base rather than the tip of the penis which does most to stimulate oxytocin production in the woman, that production happening in the vestibule rather than in the vagina proper. I also understand that there is some difference among physiologists about this...

by guruofdos

1. All my 'bigger penis' emails, and I get between 20 and 30 per week, originate from the USA. I have had one from Canada and one from France, but they were both forwarded from US sources.

2. Agreed with your comments but at any time, did I mention 'vagina'?? I was referring to her gagging on it! :-)

by maxwell edison

You asked, "Why are we placing so much importance on spamming, when in the off-line world, the LAW does not protect me against junk mail."

My answer: Because the off-line (snail mail) junk mail that finds its way into my postal mailbox does not pose a risk to my mailbox, my home or my property, while junk email can - and does. Moreover, your premise about snail junk mail is incorrect. There are indeed laws regulating such delivery, prohibiting it in many cases, and legal steps one can take to put a stop to it.

You asserted, "Internet LAW that would so-call protect the e-mail user from junk e-mail would kill entrepreneurship over the Internet."

My answer: No it wouldn't. There are plenty of entrepreneurial opportunities without resorting to spam.

You stated, "To outlaw spamming would be to kill what the Internet is about, which it is teaching us a lot about sharing common ground."

No it wouldn't. Furthermore, to ask "what the Internet is all about", would produce about as many answers as there are people. It's about whatever someone wants to make of it, take from it, give to it, etc. And there is no "common ground", per se, to share. It's about as diverse as you can get.

"The torrent of unwanted, unsolicited, often offensive and sometimes fraudulent e-mail is eroding trust in technology, costing business billions of dollars a year, and decreasing our collective ability to realize technology's full potential," Gates wrote to Sens. John McCain and Ernest "Fritz" Hollings of the U.S. Senate Committee on Commerce, Science and Transportation.

http://zdnet.com.com/2100-1105_2-1008862.html

I say "DEATH TO SPAM"

by oz_media

Hey MaxEdison, you mention Death To Spam, I know it's a common phrase but I actually had a 30 page article on SPAM reduction, laws, disclaimers etc.
It was left behind at NATG a year ago and must have been thrown out by someone. I would love to find it again, have you seen the article or know where I can get another copy?

by hal 9000

Posting here but my main concern isn't so much just the spam it's some of the content that's where the problem lies. There are laws preventing companies/indivuldes from delivering kiddy porn to your letter box but noting similar exists in the cyber world and if this type of thing is reported to the Authorities the computer owner is libal for what's on the hard drive not the people who sent the stuff in the first place.

This is one very important area that needs to have some form of legislation in place if only to protect the victum of this unsolicited junk. I find it stupid that you are guilty of an offence when you have nothing to do with the offence other than clearing your e-mailbox. If the same thing was to happen in the real worldthe reciever would not be the one harrassed through the courts but the people responsible for sending the stuff in the first place.

Why is this different for the computer world and cyber space?

Anything goes in e-mail and you have no control over what you recieve unless you are willing to put filters in place and then specify exactly who you will recieve e-mail from and in a business enviroment this isn't pratical as every request from a new customer would never arrive so it would be costing your company business. So we are left with the option of filtering the stuff after its arivial sought of like trying to shut the stable door after the horse is long gone but at present it's the best that we've got and I suspose we will all have to deal with it until something better comes along.

Personally I'd like to see some form of Legislation in place to protect the reciever and not leave them libal when they recieve something that they never wanted in the first place.

by hal 9000

As usual everything in the above posting is totally correct and I can't agree with him any more than what he's already posted and he has certianly put it far better than I ever could have in a very concise and short manner.

But on a more funny note I recieved this bit of spam today and it's entitled how to prevent spam as usual with most spam it makes some really interesting claims {I'm trying not to choke on my tounge here} but there was a link to a site that susposelly offered a program toprevent spam from arriving.

Now this is something different spam mail offering a way to stop spam mail it was one of the few pieces of junk mail that actually caught my attention.

If anyone's interested here's the link

http://stilbox.com/sfabsnupdates.htm

I don't know where it came from and actually I don't have the time to track it down as I'm a bit bussy at the moment but the page in question does make for some interesting reading. I've seen a bit of this stuff in the last few years and at the moment I've got it down to a managable level but this one I just had to have a look at.

by oz_media

>>Internet LAW that would so-call ?protect the e-mail user? from ?junk e-mail? would kill entrepreneurship over the Internet.
Let's see....
"try these adult movies for free obvdjhs"
"lonely nights, these girls need big &^#%'s"
"Re: Please read these files for me"
Entrepreneurship, well I guess by a thin definition of starting your own business, but if this is the type of entrepreneurship I'm up against, I'll soon take over the world. (gotta love Pinky and the Brain.
This type of mail takes up 15 -20 minutes of each employees time each day. Each of my employees makes $80K -$140K/yr. Times two offices times 10 employees per office (my own business not the company I'm contracted to). that's a lot of MY money down the tube with nobody to blame but people who feel SPAMMING and sending junk mail is running a business. Either a LOT of people need to step outside their front door and realize there is a world at work while they huddle in dark rooms clicking keys or they are just toolazy to get a real job and work for a living.
The worst part I think is messages that come to my company that have absolutely nothing to do with the business I run. If I got mail advertising a new PA system or XOOM recording hardware, OK, that's alegitimately targeted marketing effort, but when I set up an email address for Santa@somecompany.com and get flooded with mail saying that thay can increase my penis size, set me up with girls that XXX, or give me money for a mortgage that's just aweb crawling spider. I have no time for someone without the nuts to target my business based on demographic or even geographic profiling.

by areets

Allow one to express, but prior to setting the rules for expression, ensure that all agree.

Spamming is not dangerous, it is the content. This is the reason I ask that the real world be examined before we layout ANY Internet LAW.

Andrew Reets

by oldefar

What a wonderful world this would be if we could reach consensus on even basic rules of dealing with each other.

Suspecting this will never happen, the choices become legislate, regulate, or create business models to foster the desired results.
Here is a possible business model (I am a US Libertarian type) to reduce spam. I propose an email service to replace corporate email. The service bills by packets sent, not received. Storage remains a corporate issue. Corporations choose to only receive email from this service. This puts a cost on all spam, eliminating the primary incentive to mass emailings. Other advantages include a cost for personal use of corporate email, which justifies even to employees the need to restrict company email to company business.

Individuals could subscribe to the service as well, blocking spam from home machines.

The key feature is that the service does not provide free relaying of messages. Other email providers get billed for packets sent, so they are incented to do likewise. Rejected messages would include a method for the sender to pay to have their message accepted and payment verification would take place before the message is processed through.

by maxwell edison

...the efforts to introduce legislation to tax spam?

You know me, I've never met a tax that I wouldn't repeal (slightly exaggerating - but only slightly), but in the case of a spam tax, I'd say let 'em have it.

I'm not sure how it could be implemented, considering the international nature of the Internet, but it would sure reduce the amount of spam clogging up the bandwidth - as well as generate income for governments (whichever governments), which would, in theory, set the stage for the reduction in personal income tax.

Perhaps it could be implemented at the ISP level. That would force them to regulate and control spam a little better. But of course, they (the ISPs) would then pass the cost on to the consumer - just like any other tax increase on businesses.

But all in all, I like the idea.

by thechas

No Max, I had not heard of the proposals.

Of course, since spam is an activity without a constituency I am surprised that a spam tax is not already in place.
(Oh ya, we have the internet tax moratorium.)

Of course, the rub here is how do you define spam?

If you use mail volume, you interfere with legitimate information.

I suppose you would have to use double opt-in lists as a deciding factor.

As a side thought, once we allow taxing of 1 category of e-mail, how long before we have e-mail postage fees?

Chas

by maxwell edison

The old saying, once a camel's nose is under the tent, he'll soon take up the whole tent. (Gee, that's how a lot of things get started.)

by tomsal

First off, you are incorrect -- if you are a resident legal citizen of the USA -- that there's no control over junk mail we get from the postal service. There actually are, in fact, laws that give you the right to refuse such mail. The problem is, its a pain in the arse. You have the right to have your named removed from postal junk mail lists, and recently (meaning within the last 18 months or so) there has been a newly revised federal law that levies heavy fines on any company that distributes or continue to distributes junk mail via the postal service to a customer who has his/her name on a federal "anti-junk mail" list. I forget the proper name of the list.

Secondly, spamming is NOT the true intent, purpose or (for lack of better words) "reason" of the Internet. I totally disagree with the ideology that in essence states that to kill spamming totally would in effect kill the Internet and render it worthless. That's one of the more entertaining things I've heard this week.

REAL information sharing is NOT anything to do with spamming, REAL business transactions is nothing to do with the spamming -- and those two reasons are the (true) purpose and value of the Internet.

by guruofdos

And here in the UK, junk mail, junk faxes (which DO cost the recipient in economic terms as they waste fax rolls) and junk phone calls are all covered by law. We have a body called the Mailing Preference Service where you can register to not receivejunk mail, junk faxes and cold-calling telephone calls. This has been in operation for some time...the Mail service for about 15 years and the fines for organisations that ignore an individuals (or companies) wishes are hefty to say the least! Our Electoral Register has now been reviewed so that citizens can now opt out of the 'public' register and thus not be on any commercially available listing.

by oz_media

SPAM can be considered mail and therefore unlawful if a request to stop is not adhered by.

Technically, if my computer is attached to a printer that means that the mail is no longer electronic but printed form and is subject to POSTAL REGULATIONS. In this case, the sender is wasting company time,AND resources buy using Ink cartridges/toner, electricity, paper etc.
The recipient can sue for repeated spamming and actually have a cost to recover. This case has been won in Montreal and Saskatchewan courtrooms that I know of, I'm sure elsewhere too.

by areets

Please, do not jump to conclusion; let us remain humane and as just as you can. The Internet offers many advantages and challenges for us. But we have gotten too use to simply eliminating what we do not like rather than taking the time to re-educate. I NEVER said that spamming would bring the Internet to a halt or its what the Internet is about. But let us use the technology to maintain and safeguard this common ground.

Yes, pass laws to protect its users, but do not diminish the common ground. It is bread and butter for some whilst other stands and criticizes.

Let us try and share our common resources, rather than looking to penalize at the first opportunity we have.

I can understand the small business' headaches, and I am also aware that this can be EASILY filtered and/or blocked if we focus on the OBJECTIVE of the product.

Do not cut-off one group to please another. Balance both sides and you will even create opportunity.

TSP

by curlergirl

Hmmm - and what are we gonna call this centralized server - could it be. . .The U.S. Email Service??? I disagree that this is an ideal solution, though. We unfortunately are going to need more regulation than that.

Spammers can send me unlimited(free) amounts of really disgusting stuff across international as well as state boundaries and I don't know until I open the email that it contains graphical images that I find to be offensive. So, what about the responsibility of businesses to prevent their employees from being sexually harassed? What about the cost of that to the business having no recourse to sue or otherwise prosecute the spammer for sending the material in the first place?

The supposedly "famous" Buffalo Spammer (I never heard of him until today) was arrested today. He apparently sent over 8 million spam messages using over 350 stolen identities. He wasn't arrested for spamming, he was arrested for forgery and identity theft because he used stolen credit card#s to pay for his multitude of email accounts.

I don't know what the answers are, I just know something has to be done. I would like to see, at least, some regulation about the content of these messages. Like - there has to be some warning, disclaimer or indication that the content may be offensive to some people. I am generally very much against any infringement on our US constitutional rights to free speech, or banning of books, magazines, movies, or legislation against any kind of activity that takes place between two consenting adults. But all of these things can be easily avoided if you don't want to participate in them. I can choose not to read, see or participate in these things. Not so with offensive spam.

by oz_media

Excellent, you are MOST helpful.
Other readers may get a kick out of it too, definitely worth checking out.

by areets

Read a few other postings here, there is a limited number of excellent suggestions (Oldefar); but do not repeat yourselves.

Junk e-mail or ?Spam? e-mail can generate cash, so why remove this.

New products open and extend the market, so why remove it.

Value-added services created, so why remove it.

TSP

by thechas

The reason again, is that SPAM e-mail has a cost to the recipient.

When FAX machines first became popular in the 80's, a number of unscrupulous businesses started sending junk FAXes to every machine they could find.
The result, was legislation to prevent junk FAXes.

SPAM like junk FAXes has a cost to the recipient that is not born by the sender.

Remember, that even in the US, commercial speech (such as advertising) is not offered the same freedom of speech protections as political commentary.

It is perfectly legitimate to regulate and control SPAM e-mails.
There are a number of regulations and limitations that radio, TV, Print, and Mailed advertisers MUST follow.

If the SPAM generating businesses were willing to self regulate, then the push for laws would not be present.

Chas

by thechas

If the firms and individuals that profit from SPAM e-mails would adopt a set of reforms and self regulate, there would be NO reason for laws to control the industry.

Some suggested rules:

Double opt-in required for any sexually related mailings.

Opt-in required to send HTML format mailings.

No e-mail address data mining.

When a recipient opts-out, their e-mail address MUST be removed form any lists at the sender, and MUST not be sold.

If the spamming industry will take steps to eliminate the primary problem sources, then the clamor for regulation will stop.

Abuses such as selling the addresses of recipients who opt-out since they are verified valid addresses, and un-solicited mailings with sexual content MUST be eliminated.

Chas

by hal 9000

If some form of Self Regulation could be put in place if only for content of a sexual nature we would all be a lot better off. I also agree with the prevention of selling on E-Mail address particuarly the ones that opt out of some unwanted program as the buyers of this type of data are often trying to sell exactly what you wanted out of in the first place. Then theres the group of companies who send out spam from one source and when you unsubscribe from it the same content only comes in from a different source it is things like this that must be stopped as they are a legal nightmare for business and there is NO CONTROL available.

The rest is just nusiance and easly ignored although taking time to block eventually you manage to get theseunwanted postings down to a managable level. While annoying they do not really affer any real problems but it is stuff like "See 13 year old virgins being broken in" that I find offensive and what's worse if found on one of my computers I am lible although I had nothing to do with it comming downline and it is out of my control, this is one area where the LAW needs changing.

by areets

What is pragmatic over the Internet, may not apply to the off-line world. So, it is important that we separate how we examine these issues at discussion.

TSP

by areets

Consider the following points that have been put forward. How would you see their implementation and acceptance?

I would like you to consider the Internet as that common ground which to be maintained and these four currencies applied: time, money, ethics and culture.

Can we border the cost of ?e-mail advertising??

Can charges to the sender be placed as per network backbone that the ?e-mail advertisement? crosses?

Through regulation by a committee, can senders be fined if the ?e-mail advertisement? does not conform to a ?standard??

As to define SPAMMING as the opposite of ?e-mail advertising?, a ?HIT? could give right to a fixed sum of money to the recipient. The choice is there to open or not that SPAM e-mail. How would such a mechanism be implemented to facilitate the regulated penal payment?

As far as domains, could ?e-mail advertising? be forced to use ?AD? or ADV? rather than as of the ?e-mail subject?

TSP

by areets

We will soon have wireless Internet access and roaming as we have terrestrial broadband Internet access and GSM/CDMA roaming. MMS and I-mode with its evolution, we could see by 2006, a tremendous increase in push technology usage.

Having a domain associated, such as ?AD? or ?ADV? with commercial Internet standardization and regulation of all ?electronic advertising?, we could implement easier blocking or appropriate filtering. What is your opinion on this?

With the undoubted rise in wireless mobility and portability, when we examine the cases of virtual frontiers (co.uk, be, fr, etc.) as top level to ?AD? or ?ADV?, such a standard could be maintained as wireless products continue to drive great Internet content. As to consider such future marketing and advertising trends to be of the common ground, what implementation and user acceptance do you think are required for such services and its products?

TSP

by areets

For the pure objective of discussing, let us examine these FACTS.

FACTS:

? The sheer volume of spam increases the workloads of mail servers enormously, and that server time costs money.

On average, SPAM e-mail is 1 to 5 kb. Quantify this ?sheer volume? for the subject of discussion.

? Nearly half of all e-mail messages sent are spam and the spammers' favorite day to stuff
your mailbox is Thursday. http://www.pcworld.com/news/article/0,aid,110639,00.asp

We have defined suche-mails as SPAM. For the subject of discussion, why?

? A Gartner study estimated that employees spend an average of 49 minutes a day managing e-mail. http://www.theadvertiser.news.com.au/common/story_page/0,593 6,6481006%255E21669,00.html

If no alternatives are provided by the so-labelled ?IT Industry?, what else to be expected? Your comments, please.

? Spam costs companies an average of $30 million per employee each week
? E-mail virus attacks cost firms as much as $2 billion each year.
(internetworld@bdcimail.com)

I can change that at a marginal lower cost and single one time payment.

TSP

by areets

? Spam stays alive because people can send out a few million messages and make money with a .0000001 percent responses.

So, why can?t we balance, rather than condemn, as we continue to do?

? Most products advertised by spam are fraudulent and nobody with his/her right mind is going to buy anything from them. More spam means means more people with .. right minds.

Every other shop or poster that I pass by with my daughter has or depicts a scene that can be considered pornography on display. At least over the Internet I CAN PROTECT HER. Your comments, please.

? Nobody with his/her right mind can have 15 doctorate degrees.

... Anyhow, for those who seem not being receiving enough spam ... here ... let me help you out.
http://www.techweb.com/wire/story/TWB20030521S0002
Thamer (... currently recieving an avergae of 9.5 Spam emails per day ... and i like it to keep it like that ... please.)

This discussion must be focused on curtailing ?SPAM? but no to hurt ?electronic advertising? over the Internet.

TSP

by thamer

"So, why can't we balance, rather than condemn, as we continue to do?"

Read my last comment in the previous reply.

"Every other shop or poster that I pass by with my daughter has or depicts a scene that can be considered pornography on display. At least over the Internet I CAN PROTECT HER. Your comments, please."

I have ... no comment.

"This discussion must be focused on curtailing SPAM but no to hurt electronic advertising over the Internet."

... "hurt electronic advertising over the Internet." ... Then may be you want to contact IAB (Internet Advertising Bureau) and advise them as it is the organization (I know) which fosters the growth of advertising on the Internet and cares about such ... stuff.
Here ... http://www.iab.net/

Take care.

by thamer

"On average, SPAM e-mail is 1 to 5 kb. Quantify this sheer volume for the subject of discussion."

... Times 1000 spam emails times 1,000,000 spammers (at least).

"We have defined such e-mails as SPAM. For the subject of discussion, why?"

... The distinction between spam and non-spam depends on whether the receiver has done business with the sender. If so, the e-mail cannot be considered spam, but if not, an unsolicited e-mail is spam, even if it comes from a legitimate marketer or company.
http://dc.internet.com/news/article.php/2199981

"If no alternatives are provided by the so-labelled IT Industry, what else to be expected. Your comments, please."

Alternatives??! It will be the one with the highest ROI, ... of course!"I can change that at a marginal lower cost and single one time payment."

Good that you can... I wish you all success.

by areets

, your participation is appreciated.

Attempting to level the playing field, I'll also ask of you to look again at your last post. We all like to display figures and objects that would cast confusion rather than clarity.

You proudly present figures with no clear indication of how those figures are calculated.

I'll admit, I do not want to get in to numbers to day though what I can share with you is this.

Do not forget that due to unclear conclusions solely to confuse the population,a war was waged.

Which ISPs' CEO or CIO would like to deny that bandwidth is in such abondance, combined with the traffic transmission strategies, these ridulous money quotation makes no sence. For sake of those who prefer ambuiquity, let me allow you to comment at this point.

Sustain business stability by applying truly economical strategies to develop our lack of cooperation.

I look not for success, for my success can only be achieved when all are considered.

May I wiosh you the success as part of that achievement.

Andrew Reets

by oldefar

Legislation and regulation sounds good, but what model do we follow?

Base anti-spam legislation on the highly successful laws against child pornography?

Follow the excellent and efficient approach used for drug trafficer and abusers?

How about the example set to control improper behavior, financial and otherwise, of corporations?

Wait, spam is a significant problem. Perhaps the best approach is the one used against terrorists?

Oh yeah. None of our laws are very effective against stopping behavior, and of only limited success against reducing the impact of such behavior and preventing repeat offenses. In terms of ROI, legislation has typically been a poor performer for those it is meant to protect, and has increased profitmargins for those acts it was meant to prevent.

Maybe its time to take a different approach?

by oldefar

When tackling persistent IT problems, I suspect most of us would agree that a root cause analysis is necessary if we want a real resolution.

Seems to me that with spam, there are several root causes. First, the low cost to the spammer based on how Internet usage is billed. I have suggested one approach to fixing this.

Second, motivation of the spammer. I suspect that many of the spammers have bought into a make money at home scheme. Typically, these individuals are becoming financially desperate due to the economy and are grasping at straws. The individuals enticing them are making their money not through ad response, but through the fees charged to those desperate new spammers. Fraud laws should cover this IF properly enforced.

I suspect tackling the above two root causes would make legitimate annoying spam manageable through filters.

by oldefar

One approach to date has been to report spammers to their host ISP. This can close down a mailbox, at least until the spammers open a new account under a new name or at another ISP. An ISP that seems a consistent source of spam can be blackballed as well. This reactive approach has at best slowed the growth of spam, and at worst added to our costs without any positive effect. It seems to me a treatment of symptoms, not of the real problem.

What if a different tactic were tried? Assume Iam right about the majority of spammers being victims of a scam due to hard times. Step 1, notify them of the scam scenario. Step 2, explain their legal options against the real culprit. Step 3, request that our own DA to take existing steps against the scammer. Perhaps our company legal departments could file a friend of the court type complaint as well.

The same approach could be taken with the ISP. Rather than reporting spam as abuse, report the scam. Make the report to the ISP legal department rather than the email administrator and request their assistance in nailing the scammers, not the spammers.

International spam might be worth the attention of the appropriate national office. Again, the focus should be on getting those scamming rather than those spamming.

If spam is a symptom, almost all of our countries already have laws against the root cause.

by thechas

Here in the US, many (politically connected) people complain to their elected officials at the first sign of any issue that bothers them.

All it takes is a few conservative families getting explicit spam for x-rated web sites, and they are on thephone to (if not at the door of) their Congressman or Senator.

These same people seem to believe that passing a law takes care of the problem.

Of course, the legislators can add the anti-spam law to their list of accomplishments when it comes time for re-election.

Who cares whether or not the law works or not. It was passed.
Enforcement is someone else's problem.

Chas

by areets

You and I are not the only ones reading and following what I write.

Unsolicited e-mail may be defined as 'unwanted' since the recipient did not actively or knowlingly initiated a chain of actions that tie his or her e-mail address to repetitive receipt of e-mails and consequent ones.'

Now, you look for this in one of your IT Industry's dictionary.

I thank you for your continual participation.

When discussing on-line, there is a technique as we would apply to any other communication's platform.

If you so wish, I'll ask again. "So, why can't we balance, rather than condemn, as we continue to do?"

Thank you for your honesty and suggestions. But, indeed as a forum member wrote to me, and in all admiration to him, 'we coat ourselves in a reflection to protect our lack of knowledge'.

You, take care!

Andrew Reets

by oldefar

Guru, you are so right. Targeted marketing would certainly change the advertisement.

All those ads for adding 1 to 3 inches would only reach US residents. Assuming a consistent increase, the rest of you could expect to see new ads targeted appropriately - Double your size!

by hal 9000

Just like the cosmetics industry enticing women to use a certain product to look beautiful the same is happening here this croud is playing on our basic insecurities and hoping for a bite. It is a basic form of advertising for anything just make thepunter think that they will become sexually attrictive if they only use our product. A load of rubbish to any thinking person but there are the few who will jump right in hoping for some perceived benifit.

by oz_media

Yes Colin you have a great point. I also travel between the UK, Canada and US quite often and Australia/Japan every couple of years. My Excite account is great for out of town contact. One of the things I've become accustomed to is that this email account is free and I expect junk mail in it. It is no problem to simply delete ALL mail I'm not expecting and just read what is relevant.
I only read my Excite mail when I've got time to kill or am on my own time so it is not so much of an intrusion on my work.
I think online/free avvounts should be open market for the unqualified email spammer "businesses" and that they should leave private domains out unless properly targeted fo a chosen market, as opposed to sending US only offers of weight reduction to the anorexia society of Canada.

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