Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Spam

Is Forged Spam a Crime? 249

PJRC2 writes "ABC News.com has an article about a man who claims he commited no crime in sending millions of AOL users porn and make-money-fast spam and making the messages appear as though they came from ibm.net. " We're going to see more of this in the future. I think forged spam should be punishable by death, but I probably get more of it than most people ;)
This discussion has been archived. No new comments can be posted.

Is Forged Spam a Crime?

Comments Filter:
  • God!

    Please!

    Not while I'm eating lunch!

    t_t_b
    --

  • by BoLean ( 41374 ) on Tuesday June 06, 2000 @09:58AM (#1021409) Homepage
    Wouldn't this count as Trademark Infringement? Since domain names have precedent as being covered under Trademark law, shouldn't abuse of domain names also fall under Trademark/IP law? Unfortunatly this would put the onus on the abused company to do anything. Matbe IBM should get in on the action.
  • IANAL. But I'm sure we can lengthen the list of charges a little.

    Let's see what this criminal did:

    * He sent mass e-mails using other people's computer facilities. That's theft, chattel trespass and - if the spams clogged their e-mail system - denial-of-service. The people who have to clean up the damage have to pay technical people large amounts of money. That's damage that can be recovered in a court of law.
    * He impersonated IBM. That's fraud.
    * He used IBM's trademark without authorisation. That's trademark infringement.
    * He sent pornographic spams. If any of the recipients were underage and the underage recipients then visited the web site, that's transmission of pornography to minors.
    * He violated his ISP's Acceptable Use Policy. That's breach of contract.

    If the laws were up-to-scratch, then this perpetrator would be facing 3 years in jail, large lawsuits from IBM and the people from whom he stole e-mail facilities, and many small claims from the recipients.

    And he wants us to believe that he's not a criminal? Yeah, right, and I'm the Swiss Navy on maneuvers in the southern Indian Ocean.

    --
  • Most spammers who try to forge where the message is coming from (including this guy) are not very good at it. The forgeries are easy to spot when you look at the complete message headers. Why doesn't someone (me?) write a MUA that automatically deletes this junk?
  • Don't you know? to a spammer EVERYBODY is an american..

    //rdj
  • Antispam laws vary greatly in quality in the 16 states that have them, but they almost all agree on one thing: Forging a domain name is against the law. And since the spammer is in California, I'd guess that Penal Code 502 [suespammers.org] could send him to jail for a year. (Note: I'm not a lawyer, and am only making a layman's guess. Consult a real lawyer for legal advice, blah blah blah.)

    See http://www.suespammers.org [suespammers.org] for all the juicy details.

    --Tom Geller, Founder, The Suespammers Project

  • ------
    Besides, it's my understanding that most ISP's have a terms and conditions agreement that limits the liability of the ISP, and provides for the termination of the abusive users account.
    ------

    The problem is that the terms and conditions agreements simply do not work towards limiting abuse, and the termination of the user's account just doesn't happen.

    I see that it would set dangerous legal precedents. Point taken. IANAL either, but the ISPs are the only ones with the ability to intervene in this situation, and many times they just don't. If there were repercussions to the ISP giving the abuser sustained and repeated access to the internet, you can be sure they would implement some from of controls in order to prevent it. But there isn't, so they do very little to stop it.

    If the cabbie knew he was a bank robber, and gave him a ride out of town anyway, is the cabbie innocent? Or, if the bank robber got into the cab unbeknownst to the cabbie, and the security officer from the bank ran out and said "Don't give him a ride, he's a bank robber," but the cabbie still gave him a ride, is the cabbie innocent?

    OK, let's say that the ISP is not fined, but rather obliged to reveal the identity of the abuser when a clear cut case of abuse is present. This information could be made readily available to those adversely affected by the abuse, as well as sent to other ISP's to prevent the abuser from reestablishing connectivity. The terms and conditions agreement could be modified to force the users to agree to this possibility.

    (if you are a lawyer, feel free to speak up :)
  • What this guy is doing is probably "wrong" but I applaud him on all accounts. I really detest spammers

    This [freewebsites.com] is excellent. Incidentally, there is a legal doctrine called the "doctrine of necessity" which allows what would ordinarily be considered crimes to be committed if a) the amount of damage caused is less than that caused by the original crime and b) there is no other reasonable legal alternative.

    A bank which, rather than alerting the police and causing their shareholder value to drop precipitously, instead hired hackers to hack back when they were being invaded, would be merely honoring their fiduciary responsibility to shareholders.

    "Hack back" defenses have not yet been legally tested, that I know of. Further the risk is minimal. I myself have used DOS attacks (deliberately limited to avoid damaging the guy's ISP) against spammers, to limit the damage they cause while attempting through other means to get them axed. I find it highly unlikely that someone is going to complain to the police about something someone did to them while they were themselves committing a crime.

    "Uh, officer, well, I was stealing this car when this guy came up behind me and. . ."

  • are you the only one? if not, that's a dumbass sig

    Yup. It's patented too. And trademarked.

    At least I have a sig.

  • Okay, it was unethical for a spammer to send spam allegedly from IBM. Yes, AOL users are people too, and shouldn't have to receive the stuff. But there's something missing in the logic here:

    The open relay shouldn't get by unscathed.

    Assuming that there really was an open mail relay used to send the spam to AOL, in no case should Market Vision, the company through which the spam was sent, be able to sue. This is as ludicrous as the shrinkwrap licenses that we all loathe so much.

    If a company is irresponsible enough to have an open mail relay (whether intentionally or through casual ineptitude), they should not be able to take their case to the corner drugstore, much less to court. To absolve the company with the open relay of all guilt is to invite stupidity to the Net, and stupidity is the most damaging thing the Net can take.

    If you leave the top down on your convertible and park it in the darkest underpass of the inner city, and you leave the doors unlocked and the engine running, I believe it is still a crime to steal the car. However, if you then sue the thieves because they stole the car, you probably stand a very slim chance of getting any money (or you should stand little chance, that is).

    Ignorance may be bliss, but it should not be rewarded.
  • a man who claims he commited no crime in sending millions of AOL users porn and make-money-fast spam and making the messages appear as though they came from ibm.net"

    There's just no arguing with fsckwits like this guy. It's obvious to the vast majority of clear thinking people that this kind of behaviour is anti-social, at minimum. I used to become infuriated by that Spamford Wallace character a few years back when he was generally being an asshole and taunting everyone who disagreed with his conception of acceptable email behaviour. No more, fuck it, life's to short, now I just hit Del.

    Unfortunately we have two options. Spam is either made illegal by legislative means, which bugs the net-anarchist types to no end. Or try to continue dealing with spam via the current means, that is, filters, MAPS RBL, etc. I'm not sure which way I lean (which is often where I find myself when the self-righteous right, left, commie, objectivist, whatever types are going at it.)

    That reminds me. Last week that peahead on zdnet Jesse Burst claimed that MAPS RBL [mail-abuse.org] was some newfangled tool that ISP's use to prevent spam. A modicum of research by the ad mongers at zdnet would have revealed the purpose of RBL. What a maroon!

  • If the message is a blantant advertisement, or a get-rich-quick scheme or other such crap,
    then there is a very very small chance that following the remove instructions will actually remove you from anything. There is a pretty good chance that the email address shown is false or made-up, and there is also a good chance that any mail sent to it will just get you more spam, now that they have confirmed that your address is good, and that you actually read their junk.
  • > Don't you mean, "pour décourager les autres"

    Right - it's meant in irony - the source is Voltaire's commentary on the court-martial and hanging of Admiral Byng. (Byng was grossly outnumbered, and ran away - as a result, he was executed for "cowardice".)

    "C'est necessaire quelquefois a suspendre un admiral ou deux, pour encourager les autres." ("It is necessary sometimes, to hang an admiral or two, to encourage/enhearten the others" ;-)

    Although Voltaire originally meant it in the sense of "beatings will continue until morale improves", the quip has also developed a second sense, namely "punish excessively and make an example out of the offender". While not quite historically faithful, it certainly has a nice ring to it when used in conjunction with the image of a row of spammer heads on pikes.

    > On va leur couper les couilles et leur faire manger, violer leur femme et mettre leur tête sur un pic... (that's better :)

    Well, I dunno.

    As for leur couper les couilles et leur faire manger, you'd starve to death on the contents thereof, and as for violer leur femme, we're talking about spammers here. Given what goes into spammer DNA, do you really think a spammers's mother, sister, or first cousin is gonna be much to look at? OK, not every spammer falls into that category, but the few spammers who didn't marry blood relatives are probably hooked up with goats and sheep, which is just Not My Kink.

    But I'm still up for the heads on pikes bit.

  • As a result of Virginia's anti-spam law (which, I might note, AOL lobbied for), forging spam is a crime in Virginia. This affects any mail that is sent or received in VA, or passes through a server in VA.


    Considering that AOL's servers are located in VA, all email to AOL is received in Virginia. This is part of the reason that AOL wanted the anti-spam law, so they could go after spammers like this one and slap them with nice hefty lawsuits.


    The particular section of the bill (18.2-152.4) reads:

    A. It shall be unlawful for any person to use a computer or computer network without authority and with the intent to:


    ...

    7. Falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.

    ...

    C. Any person who violates this section shall be guilty of computer trespass, which offense shall be punishable as a Class 3 misdemeanor. If there is damage to the property of another valued at $2,500 or more caused by such person's reckless disregard for the consequences of his act in violation of this section, the offense shall be punished as a Class 1 misdemeanor. If there is damage to the property of another valued at $2,500 or more caused by such person's malicious act in violation of this section, the offense shall be punishable as a Class 6 felony.


    Virginia - SB 881 Computer Crimes Act; electronic mail [state.va.us]

    Original Slashdot Story - Virgina Criminalizes spam, ACLU against it [slashdot.org]



    -Todd
    ---



  • Ding-Ding-Ding! All aboard the Logic Train! (tm)

    If I try and pass a check at a band with a signature other than my own, that's illegal. I'm convicted of check fraud, and I go to prison.

    If I walk into a bar with a fake ID, or attempt to purchase a firearm go with false identification, I'll get busted as well.

    If I send a piece of mail through the US Postal Service posing as someone I'm not, then bingo, i'm guilty of mail fraud.

    Now, in the case of fradulent spam, I attempt to tell tens of thousands of people I am someone who I'm not. Worse yet, i'm trying to use that identity to sell something. Why should that form of fraud be punished any differently than other forms of fraud?



    Bowie J. Poag
  • Paper mail is often right on the edge of fraudulent as well. I can count the number of letters I've gotten trying to appear to be official governmental correspondence -- "PENALTY FOR UNOFFICIAL USE" and all kinds of other threatening or otherwise "official" looking marks on it, as well as generic return addresses (ie, PO BOX 1234 ANYTOWN, USA) with no business name.

    Generally speaking the bulk-rate postal metering on them gives 'em away, but I must admit that once in a while I get careless and actually open one up.

    While I realize that this is someone's First Ammendment rights, etc etc, it does seem that the intention of the senders is to trick you into believing that the mail they've sent you is something important that you'd better not toss. To me, this is prima facie proof of deceptive busienss practices but if you complain to the Postal Inspector they just kind of shrug their shoulders.

    Until the postal authorities set a precendent that cheating through the mails is not OK, why would anyone be expected to care about internet spam?

  • He may not have accessed the other persons box some spammers just use someone else's email address as the return address. The thing is most users don't know any better and think it came from the person who's email is displayed in the return or from line. visit eWaddle.com [ewaddle.com]
  • Every time I sign up for something, I make up a new e-mail address. Then when I get spam, I know which dirty bastard corporation sold my e-mail address to a spammer's mailing list.

    --

  • A better analogy would be a wire communication than an actual letter. Lets say if I was to use a voice changer to fool people about who I really am and use some method to make the call harder to trace for illegal reasons(promote my pyramid scheme or avoiding prosecution for stealing computer time) then I'm breaking the law for giving false information about myself.

    Now say I do the same thing because I want to use a pseudonym but not for illegal reasons (i dont want so-and-so to know im checking into this hotel) then its all fine and dandy.

  • Bullshit.
    Just because you, say, leave your house unlocked doesn't mean it's okay for someone to come in and watch tv, use your phone, and drink your beer. The case is more similar to this than to the "loaded gun" analogy.
  • true, the recipient of spam does end up paying for it. however, junk mail (i'm sure there is a huge volume of it going through the post office) also puts a load on the USPS infrastructure. those who buy stamps help to pay for this load (assuming that less load -> lower cost for stamps...similar to assuming less spam -> lower ISP fees).
    richard nixon was a bad example (that's the price of picking a name at psuedo-random)...
  • This is just a privacy issue in disguise
    No it's not.

    What's happening is that the spammer is behaving like an ass, and so does not want to reveal their idenity -- they want "privacy" for their actions in this case. The forgery is just a symptom of their desire for privacy.
    No...the spammer is acting in a public and commercial capacity and so has forsaken his expectation of privacy.

    What's interesting is that this reverses the usual role of privacy in these discussions. Mostly privacy is regarded like fresh air or something -- the more the better. In reality, like most things privacy has many bad effects as good.
    "Privacy" is neither good nor bad. But respect for the individual's privacy is desirable, and that respect should not hinge on the characterization of the information being held private.

    I look forward to the day I can program my mail system to only accept email from real signed identities -- i.e. no privacy for people sending me email. This sounds scary at first since the privacy==good thing is so conditioned, so you need to think about it a bit.
    You make it sound as if the right to privacy extends to the right to intrude anonymously. For one thing, you are a private individual and can set your own personal "Terms of Service" that requires identification prior to engaging in communication. This is, by no means, inconsistent with the basic premise of the right to privacy.

  • I finally got fed up with earthlinks lax spam policies when I got mail relayed by the earthlink mail server(read from an earthlink user) which was forged to have my own user name as the sender. I knew already that earthlink basically supported spam from the fact that I got spam at both my earthlink email addresses even though I had never used one of them anywhere. I had only set it up in case I decided to use it but never got around to it. -John
  • by BlueUnderwear ( 73957 ) on Tuesday June 06, 2000 @10:00AM (#1021432)
    Am I the only one who occasionnaly takes a (cursory) look at the spam they get? Forged spams are really common. The next time you get some spam, take a look at its headers. 7 times out of 10 the easily visible, and also easily forgeable From header doesn't agree at all with the more diffultly forgeable Received headers. This makes sense: within hours, the spammers (apparent) ISP is flooded with complaints, and closes the spammers account if he was careless enough not to forge his headers.

    However, there are always a certain percentage of readers who know about these forgeries, and the spammer will lose his account eventually anyways. Btw, there is even a even a web site in which you can paste your spam, and which automatically sends complaints to the correct places: Spamcop [spamcop.net].

    So, unless this forgery was done with the express purpose of annoying someone at IBM, don't make it into a criminal case; it's just business as usual.

  • Violations of the FTC Act amounting to false advertising and deceptive business practices is certainly actionable by regulatory agencies (FTC or analogous state regulators under their "little FTC" acts), and can rise to the level of criminal conduct.
  • There are some cases in which I would allow the misconfigured argument: if all the burglar did was leave a note saying 'your locks suck, here's the adress of a good locksmith' or something like that. As soon as you actually start making use of your ill-gotten privileges...that's real bad.

    //rdj
  • It's real ham, actually. It is all those unappetizing parts of the pig smooshed together and spiced so as you don't notice.
  • Fraud is Fraud anyway you cut it. As for this instance Mr. Garon committed two major errors, both highly illegal IMO.

    1) He "Hijacked" an environment that was not owned by him, and he had no right to manipulate data on that environment. This should fall under the same cracking style laws that govern the prosecution of script kiddies and other web page defacers.
    2) He used the words "IBM.net in his soliitations. This is going over the line that is somewhat grey to begin with but is reasonable well understood. If he had stopped at "You may already be a winner" or other technique that sweepstakes companies and such use, he may have been ok, however he did reference IBM.net and that's blatantly wrong and misleading.

    They will trow the book at this guy, and I think the general public will have little sympathy for him. Being a spammer has got to be one of the most unpopular endevors one could choose as a line of work.

  • Sendmail 8.10 supports smtp auth; click here [sendmail.net] for details.

    Incidently, just because you can fake the headers, doesn't mean that you should, or that we're not allowed to complain and, if allowed to do so by law, prosecute you if you do. This is a form of fraud that we're talking about here; claiming to be someone that you're not, or to represent someone/something that you do not. That's illegal in most other media, so why should email be any different?

    Cheers,

    Tim
  • by Tackhead ( 54550 ) on Tuesday June 06, 2000 @10:01AM (#1021439)
    There's ample precedent for this:

    Juno and Hotmail have sued spammers (e.g., the "TCPS" spammer from a couple of years back) for forging their domain names into fake email addresses inserted in the From: header. The forging caused clueless people to send countless bogus abuse reports to Juno and Hotmail abuse desks, consuming their resources. IIRC, uu.net got into the act too, as most of the spams were coming from a long series of uu.net dialups in an area of NYC that didn't have caller-ID.

    There's the "flowers.com case", where a spammer issued a forged HELO flowers.com when doing a spam in order to fool (ancient) versions of Sendmail into hiding the spammer's originating IP address when raping a third-party relay. $65000 in damages because it defamed the legitimate owner of flowers.com at the time.

    It's trademark infringement as well. You purport that your mail comes from AOL, it's AOL's business that you're using their domain name. AOL's landsharks have been known to sue spammers for falsely implying that spam comes from AOL. More power to 'em.

    Finally, in the cases of "joe jobs" - where a spammer will forge spam in the name of someone in order to target the forged party for harassment - it's obvious that there's intent to defame, harass, and of course, willful misrepresentation.

    The forging of headers in unsolicited bulk email should be at the very least a civil, if not a criminal, offense.

    The real problem, of course, is that since your average spammer lives in a trailer surrounded by beer cans and chicken bones, collecting anything from a spammer can be a real problem.

    Which is why it's relatively rare that ISPs sue or press criminal charges against spammers. More's the pity. There's a group of spammers operating out of Earthlink dialups in a manner identical to that of the TCPS spammer's abuse of uu.net dialups a few years ago, and Earthlink is doing nothing about it. More's the pity.

    But back to the original article on ABCNews:

    The son of a bitch not only spammed, but he raped a relay to do it. That's theft of computer services at a minimum, and given the number of bounced spams that probably came back to the raped relay at Market Vision, probably a DOS attack too.

    Throw the book at the son of a bitch and put his head on a pike. Pour encourager les autres.

  • I've been the recipient of SpamCop complaints, please don't use them. It just sends mail to every host it can find in the message--which means all the forged ones get complaints. It doesn't make any attempt to really nail the spammer. That typically requires finding the last valid ip address, finding out who owns it, and contacting them.
  • I'm not arguing "blame the victim". That is so often used to excuse the perpetrator of evil. It is disingenuous to say your woman walking, while intoxicated, down a dark alley in a high crime area [I added the high crime area], is asking to get raped.

    People make choices and they are responsible for the outcomes of those choices. The woman in our example is responsible for choosing to get drunk, for choosing to walk alone, and perhaps unarmed, down that alley at that hour of the night. She is existentially responsible if she is assaulted, just as I would be existentially responsible if I were assaulted under the same conditions.

    The folks at Market Vision *chose* not to properly secure their email server, whether they made the choice from ignorance or with full knowledge of the consequences, they still made that choice. They therefore bear some responsibility for what happened.

    A quote from a RUSH song would be appropriate here: "If you choose not to decide, you still have made a choice."

    PAY ATTENTION! I AM NOT talking about LEGAL responsibility. I AM talking about MORAL and EXISTENTIAL responsibility. Legally, they can sue the guy, but ethically they are still at fault and are not deserving of a dime. Anyway, I don't see how it could cost $18,000 for a mail server to be down for a few hours, unless they lost an $18,000 contract that hinged on one lost email, highly unlikely.
  • Well, yes it is, but you still bear some of the responsibility in an existential manner if you choose to leave your house unlocked. Given the conditions under which we live, only a fool would deliberately leave their house unlocked. For the ignorant, this would hopefully be a "learning experience" and they would then know not to do this in the future.

    Leaving the house unlocked does not excuse the behavior of the person who has broken the law by entering/trespassing. It does, however, lessen the amount of responsibility shown by the homeowner and, in fact, increases their existential responsibility in the outcome of someone breaking and entering.

    I suggest reading some Sartre and Camus if you want to know where I am coming from.

  • I heard some rumors that the next version of the TCP/IP standard will incorporate the MAC address of the particular machine. I know that many people, including me, have concerns about privacy but there could be an up-side. If you could identify the particular machine then you track the spam sender. Then you'd force them to buy new NICs every time they want to send a batch of spam. In effect a financial penalty for spam. Just a thought...

  • yeah this story sounds sketchy to me. He magically "hacked" into their regular win9x systems, got screenshots, and full "administrative" access remotely on all 6 of them?
  • You are ignoring the international consequences of spam. I have had tons of spam advertising schemes to cut down on my long distance calling rates. All this was sent to an adress in the .nl top level domain. Like if I care about American long distance rates. A licensed spammer still would be able to do this.
  • That wasn't IBM's figure, that was someone else. Sending out enough relay mail to bog down IBM.net's servers would be something immpressive (SDOS-Spam Denial Of Service). This guy's servers were crashed by the weight of being a relay for a few million messages. This is why mail servers should be setup to deny relays from untrusted hosts. IBM just had their name stolen.

  • Waitaminute. You're Signa[letter I, eye] 11, not Signa[letter L, elle] 11. And you're saying that falsely representing someone as someone else is wrong?

    Then again, the user pages look identical. So is Signa[eye] the same as Signa[elle]? Ouch, this is making my head hurt, trying to differentiate between an I and an l... make it stop... make it stop...

  • I had several people notify me that i was sending them spam from unknown accounts. It eventually stopped. But it is still a huge frickin pain. Definately deserves the chair for that one.
  • Talk about the post of the day. I spent 3 hours this morning sending off abuse reports to psi.net.


    It was previously a uu.net account he was performing these actions from...but our many complaints finally had his uu.net account destroyed *thanks abuse@uu.net*.

    The worst part about this is actually explaining why this message didn't really come from us. People just don't understand that the internet isn't the most honest place in the world, or exactly how easy it is to forge these headers.

    So my day goes on...and tomorrow I will probably answer another 15 of these abuse reports. Why don't I do something about this...well...I have alot of projects to do and talking to lawyers doesn't exact appeal to my geeky nature.

  • IANAL, but isn't there some legal stuff about misrepresntation?
    ----
    Oh my god, Bear is driving! How can this be?
  • by Millennium ( 2451 ) on Tuesday June 06, 2000 @09:46AM (#1021453)
    Forgery is already a crime in the physical realm. Why, then, should it not be also a crime in the digital? Leave the spam issue out of it, if you want; a forged letter is still a forged letter.
  • by StudentAction.CA ( 167871 ) on Tuesday June 06, 2000 @09:47AM (#1021457) Homepage
    But isn't SPAM itself just fake ham? Seems like it's been fake from the start....
  • by mindstrm ( 20013 ) on Tuesday June 06, 2000 @09:48AM (#1021463)
    The important thing to remember is not to get too technical.
    At a certain level, of course we can tell the message didn't come from IBM.
    But...
    The guy sending the spam.
    a) new that he was making his messages appear to come from IBM.net to the average user.
    b) was probably doing this without authority from ibm.net
    c) Was doing this for the express purpose of misleading the recipients of the spam into reading the spam. THIS is the really bad part. It's fraud.
  • The dorks at Market Visions should have had their mail server properly configured so that it would not forward messages. I don't think they deserve any compensation for the $18,000 they allegedly suffered in damages. It's their own fault that they were abused in this way.
  • There are the "laws of the land", and there are the "laws of the net", or RFC's. The way I see it, he didn't violate RFC 821 [cmu.edu], which specifies how SMTP works. Furthermore, I would claim that the sysops at Market Vision are somewhat negligent in having an open relay on the public internet.

    Finally, given that SMTP makes no guarantees about the validity of the "From:" address, I see no reason (other than ignorance) for anyone to have any expectation of its validity. I don't know about the "law of the land" when it comes to fraud, but I would imagine that the recipient's expectation of validity plays an important role in proving fraud.

    Disclaimers: IANAL, IANAS (Sysop).

  • Thanks for sharing that croaker. I'm not doing exactly what you say, but I am checking for empty or missing From: and To: headers. I'll have to set up my filters the way you describe when I get home.

    Rather than just trashing the spam, I think I'll save it to a special mailbox. At some point in the future, I think I'd like to come up with some effective (and intelligent) spam blocking software.

  • An omnibus reply to many of the posts:

    1) Forging from headers is criminal in a number of ways:
    a) A number of States have laws on the books:
    Ref: http://www.cauce.org
    http://www.suespammers.org
    These laws criminalize forging of headers. No gray area.

    b) The bounces cause resource theft of AOL's servers, and bandwidth.

    c) Civil action for misuse of trademark and goodwill.

    2) There is an automated way of sending complaints:
    Register with abuse.net (Run by John Levine). Then you send your complaint to the domain you want to complain to, @abuse.net, and John's system automagically forwards it to the right address for that domain.

    3) If you want to hunt the spammers down yourself, try Steve Atkins' Sam Spade (http://www.samspade.org)

    4) Hitting delete is NOT an option. It does not scale.

    5) There is no Federal Bill. Those disclaimers you see are bogus. They often refer to HR 1716, or Murkowski. These were proposed, but *never* passed. There is no Inbox or Federal Bill that protects spam. There is a Federal Bill making its way through the house currently, HR 3113. It is a "good"(tm) thing. Support it.

    6) When all else fails..
    If you can't get the spammer's IPS's attention, *don't do anything illegal*. Visit http://mail-abuse.org, document your efforts, and nominate the spammer, and his ISP to the RBL. Trust me, it is *extremely* effective in educating the ISP.
  • On a spam related note see what this guy [freewebsites.com] did to some spammers that kept forging mail from his domain.

    To summarize he went into the spammers computers and got everything personal he could find on them... including some interesting photos :) He sent AOL a complete list of hijacked accounts and all the necessary contact info for the spammers. It's really interesting!

    ------
    IanO
  • Hmm, you could even say that they ought to be brought up on charges for enabling this guy to commit his crime. They did not exercise appropriate caution in securing their server. It's kinda like leaving a loaded firearm just sitting on the front porch and then acting surprised when a neighbor kid blows his head off with it. (Well, not exactly, but something like that anyway.)
  • by / ( 33804 )
    The "damages" are probably just the cost of waking the sysadmins up in the night and having them come into work at overtime pay and clean up the thing. If you're paying multiple people overtime while they fix the problem, look into preventing it from the future, and twiddle their thumbs while it all gets retrieved from backup tape (which may be located in another building, requiring you to wake other people up and pay them too), and if you're talking about as many accounts as ibm is tending, then $18,000 isn't such an impossible figure. Of course, I'd go further and demand millions in punative damages on top, not to mention emotional pain and suffering.
  • Comment removed based on user account deletion
  • by Sloppy ( 14984 ) on Tuesday June 06, 2000 @12:09PM (#1021503) Homepage Journal

    Wouldn't this count as Trademark Infringement?

    Hmm... is IBM known for sending spam? If so, then I guess they could make a case that the perp misled people into thinking they were getting name-brand spam when it fact they were getting a cheap knock-off.

    On the other hand, if IBM isn't in the spam business, then it should be hard to convince a judge that a trademark was infringed.


    ---
  • by muldrake ( 171275 ) on Tuesday June 06, 2000 @11:01AM (#1021505) Homepage Journal

    Forgery is already a crime in the physical realm. Why, then, should it not be also a crime in the digital?

    Indeed. Incidentally, while it may or may not be a crime to forge spam, it's a misdemeanor of the first degree to use a computer without authorization. (18 USC 2701 [cornell.edu].) I'm surprised this one isn't used more often. The "victim" of the crime would be the site used as a spam relay, and the result (overload of the system), being something any reasonable person would expect, could be construed as malice, resulting in the act being a felony, since obviously they are using the other person's system with the intent of avoiding their own system being wiped out by spam.

    A number of cases [netins.net] have shown that relay hijacking and use of trademarks in spam is trademark infringement.

    I think the argument that "forging spam" is itself a crime is somewhat bogus, I don't know why they don't go forward with some state version of the "Unlawful Use of Computers" statute, as this is a slam-dunk, while this "forged spam is crime" argument is pretty thin.

    Forgery generally refers to the forgery of documents for the benefit of the forger. This is a trickier claim to make. (Definition of forgery here [law.com].)

  • <Humor>

    So I'm sitting here on the group W bench, when the biggest, meanest father-raper comes over to me and asks, "What'd you get?"

    I said, "I didn't get nothing - I had to clean up the mess."

    He said, "What are you in for?"

    I said, "Spamming." And they all moved away. "And creating a public nuisanse." And they all moved back....

    With apologies to Arlo Guthrey

    </Humor>

    I'll be the other prisoners will love him.
  • by __aapbgd5977 ( 124658 ) on Tuesday June 06, 2000 @12:25PM (#1021511)
    The Localhost.com spam lawsuit was very similar to this, and that was a few years back. Didn't this set a legal precedent(or something similar)?
    I am a lawyer, but I'm probably not licensed in your jurisdiction. Regardless, I am not giving you legal advice. Please consult an attorney in your area before acting upon information in this post.

    The Localhost claim is different because the host there was suing for defamation. That's a civil claim, not a criminal charge. Also, it wouldn't be binding precedent - it was merely a low level ruling in a Colorado state court.

    No, I think this IBM case is much better. I've pursued cases like this with no success, because there is some question of consent by the "victim" if they were running an open relay. Regardless of how stupid it is, open relays are still very common, and spammers regularly abuse them. If the spammer somehow hacked the relay, that will help the case.

    The other aspect is the forgery - use of IBM's name. Another thread on this topic had a post talking about a guy who was calling other people and leaving a third party's name and phone number. Depending on your state law, that might not be forgery, because it's a voice communication. That's why the appropriate criminal charge there was phone harassment, which is usually an extremely low-level felony or a misdemeanor. Spam involves printing the actual text of the name IBM.COM in the email. That's the forgery. Making it appear as if IBM was sending it, that's the fraud. If it was my case, I'd also charge theft for any damage caused to IBM by the actions of the spammer - time lost on machine downtime, and cost to fix machines. Manpower and overtime to fix the problem might be worth asking for, too (probably depends on the judge).

    But if the IBM.COM machine was an open relay.... I dunno.
    ==
    "This is the nineties. You don't just go around punching people. You have to say something cool first."

  • Q: What the heck is in SPAM anyway?
    Q: Pork shoulder and ham, mostly. And spices. Secret spices.

    It's that "mostly" bit that scares me...

    The human body is "mostly" water, but it's those other inconsequential meaty bits that keep you from sliding down the drain when you take a shower.


    "The axiom 'An honest man has nothing to fear from the police'

  • Why mrked "funny"? To be honest, I see that as being this guy's one hope of seeing the outside world again this side of 2007 and/or not being dropped into boiling oil by his victims.
  • What would happen if it were made illegal to alter the headers in email messages? Would mail routers have to have special licenses to add 'received by:' fields?

    This could be a landmark case for electronic mail -- if the same thing happened with snail mail, it would have been called 'Mail Fraud'.

    dc


    --
  • But if it's a forgery, then it may be illegal. Just because there's a whole industry of people committing a crime doesn't make it legal, it just makes it organized crime...

    If the law strikes back at those people forging their headers, then maybe we'll get a nice baseball bat to knock the spammers around with...
  • Just as a foreword, i hate spam just as much as anybody else. however, i don't think spam should be illegal (just as junk snail-mail is not illegal).

    *Sigh* One more time:

    1. Junk snail-mail is paid for by the sender out of his own pocket.
    2. Junk e-mail is paid for by the recipient out of stolen bandwidth and the increase in ISP fees caused by spam-related overhead.

    also, i don't think that impersonation, in all cases, is illegal. suppose, for example, that you dressed up as richard nixon (just to pick a name out of the air) for halloween. suppose also that you ran about in your costume doing all sorts of embarrasing or shameful things. clearly, reasonable people would not take you for the real nixon.

    If you went around gluing flyers to people's front doors (a meatspace analogy to spamming, in that it involves conversion of other people's property and creation of a public nuisance to spread your message), then concealing one's identity would be an aggrivating factor.

    In addition, your analogy fails because recognizing that someone wearing a Nixon halloween mask is not really Nixon is much easier than spotting a forged header. One does not need any special technical skill to distinguish a cheap mask from a human face, or to know that the real Richard M. Nixon is taking the eternal dirt nap.
    /.

  • According to a link from Kuro5hin today, which purports to be someone's cracking of a major spam business, there is damn fine money to be made in sending spam -- to the tune of several hundred thousand dollars annual income.

    The response rate for spam is high enough that the spammers are willing to work on commission. It's high enough, in fact, that their clients are uncommonly willing to pay up fairly large money (four/five figure weekly payouts) readily.

    It's more than viably economic: it's a damn fine income... alas.


    --
  • by DLG ( 14172 )
    Having been the victim of forged email headers (and having had to explain how to read headers for 4 years now) I was very pleased to see the following website. It seems legit to me although you never know, it could be a smear... Of course there are photos so it should be easy to tell...

    http://belps.freewebsites.com/

    Basicly someone hacked a spam company and got all sorts of logs and even some pictures of the perps.

    Check it out.

  • > The dorks at Market Visions should have had their mail server properly configured [...]

    Absolutely - any system administrator who leaves his relay open for abuse is incompetent.

    ...and because an open relay is effectively an "attractive nuisance"...
    • What will happen [mail-abuse.org] (I mean, after the spammers rape the fsck out of it) if you don't fix it.

    But I disagree with you here:

    > [ ... ] I don't think they deserve any compensation [ ... ] It's their own fault [ ... ]

    While they're dorks for not having secured it, this is just blaming the victim.

    Although it's not smart for a woman to walk down a dark alley at 3 in the morning, staggering as if drunk, while wearing a miniskirt and low-cut blouse that doesn't mean "she asked for it" if she ends up raped. (My apologies to rape victims for that example - you're the best example I can think of to explain that "blame the victim" is bogus.)

    The incompetence of the admins at Market Visions (whose server, like all open relays, essentially was staggering down a blind alley, sloshed to the gills, wearing a low-cut blouse and hot pink mini...) does not take away from the fact that their property was violated, nor should it, IMHO, detract from their rights to compensation.

    (Of course, we're in complete agreement that a more competent admin would have prevented the problem from requiring a lawsuit or criminal charges in the first place. That's why you pay your admins the big bucks -- preventing a breach is always cheaper than cleaning up after one, and a good sysadmin is worth his or her weight in gold.)

  • Falsely representing yourself as someone else, its a crime. As in illegal.

    It's a bit more complicated than that. It is legal, at least in the USA, to use aliases instead of your legal name. It's illegal to use an alias to deceive someone, with intent to defraud.

  • The average recipient hasn't read RFC 821, and in fact doesn't know what RFCs are.

    No doubt; that's what I was referring to with my parenthetical phrase "other than ignorance."

    Remember that ignorance of the law is no excuse. I would imagine that works for victims as well. That is, if you incorrectly think that someone is perpetrating a crime against you, that doesn't make them a criminal.

    I wouldn't advocate that every AOL user, for example, should read every RFC, just that nobody should assume that an email is really from the address shown in the From: line. You'd think that after all the media attention paid to the Melissa and ILOVEYOU viruses, that a few more people would start waking up to this possibility. I guess not. Sigh...

  • Hello there, small confession - the NYT article came up at K5 [kuro5hin.org] a little back. You may be interested in the story there on the spammer who spammed too often [kuro5hin.org] although I wish the author of the commented piece had let us in on *how* he cracked the spammers :) - I bet some /. ers could put some insight into that (K5 does miss out on the breadth of comment here).

    And if you log in, maybe you could check out and vote on my story, which I worked on a while today? :^)

  • by Sick Boy ( 5293 ) on Tuesday June 06, 2000 @10:13AM (#1021556) Homepage
    Hell no it's NOT. We're using existing law to bitchslap a spammer. Not making new ones. This existing law doesn't harm our privacy, doesn't give any wiggle room that some of the state's laws give, ie the "well, what if I decide to sue somebody I do know for sending me (and only me) a single e-mail I didn't want (instead of bulk mailing something I didn't want)" winge.

    There is no opt-out.
    There is no invasion of privacy (those spammers obviously wanted to be contacted, or they wouldn't be sending out communications)
    There is no new legistation (fraud, forgery and misrepresentation are already on the books).

    In short, this could be just the ticket to stop spam. If forging headers is found illegal, then the spammers will have to use their real address. Then we can do a quick whois, hunt them down and kill them. Slowly. Uh- I mean, get their accounts cancelled.

    --

  • Lately, I've been getting SPAM that starts out by telling me that I had a great chat/conversation with the person sending me the Spam, a person I've never chatted with online or in person for that matter.

    There's another class of spam, that isn't really spam, but that's those damned annoying messages that people I know keep sending me with subjects of Read this--Funny or some such. I don't have time to wade through that crap, so I generally I just hit the delete key and go on to the next message. I'll have to add a filter to check for that junk, too.

    I've already got my MUA set to automatically delete messages with empty or missing From: and To: headers. I think I'll add code to delete messages with forged addresses.

    After that, I'm going to start saving all the Spam that I receive in a special file and run some dictionary/statistics generating software on it to see if I can come up with an algorithm to detect spam. Once that's in place, I'll live Spam free!
  • Kuro5hin [kuro5hin.org] ran a piece on spammers and attacking them back [freewebsites.com] today.. kinda an amusing read, even though I don't feel attacking people back directly is the answer.
  • I am reminded of an Asimov story ("A Perfect Fit") about a convicted criminal whose sentence was psychological conditioning which rendered him unable to use any kind of computer equipment (in a society where this was about as disabling as being illiterate in the present-day world).

    While that part was offstage in the Asimov story, I can't help but think that if this were really done then other spammers would start advertising tapes of the one who got caught receiving his Clockwork Orange treatment. It would be like the pick-pockets working the crowd watching a pick-pocket being hanged.
    /.

  • by new500 ( 128819 ) on Tuesday June 06, 2000 @09:49AM (#1021571) Journal
    Additional commentary can be found at the NYT [nytimes.com]
  • by rde ( 17364 ) on Tuesday June 06, 2000 @09:49AM (#1021573)
    What worries me more than the spamming is the fact that he hijacked someone else's box to do his spamflooding. However, I'm always suspicious of figures like $18,000 in caused damage.

    One thought: surely if AOLusers have a use, it's as spam fodder? If it wasn't for THEM we'd probably all be getting thee times as many invitions to vist mandy being spanked in her dorm.
  • Why doesnt anybody every complain about how your email address gets into the hands of these spammers? Either they are harvesting them from text sources or somebody you trusted let your address slip out. As more and more ebiz happens, the more everybody sprays their addresses all over the net, whether its a "keeper" like me@mydomain.com or disposable like whatever@hotmail.com. If you want to have fun tracking who's dealing your addresses, and protect a good address too, have a look at sneakemail.com [sneakemail.com], and if you dont like what you see, give us some constructive criticism and well try to improve it for you.
  • by BranMan ( 29917 ) on Tuesday June 06, 2000 @09:51AM (#1021580)
    An insanity defense!

    "Your honor, this man not only spams, deals in pornography, and forges addresses to hide his identity, but he truely believes he has committed no crime. He is obviously insane and should be cared for, not caged like a criminal. I have here several psychologists who have would like to testify as to..."
  • by tbo ( 35008 ) on Tuesday June 06, 2000 @09:51AM (#1021583) Journal
    Spam sucks big-time (especially forged spam), but do we really want to bring the government into this? The more the 'net community asks the government to get involved in regulating the net, the more they will... The problem is they won't ever stop. This is exactly the kind of ammo that anti-anonymity supporters want.

    Are there any technological solutions to this, especially forged spam? What about tighter permissions on mail servers, the Real-time Blackhole List, etc?

    Given a choice between dealing with spam (i.e., adding the sender to my spam filter), and dealing with an overzealous government, which would you pick?

    I'm all for vigilante anti-spam lynch mobs, though :-)
  • by ElecCham ( 78742 ) on Tuesday June 06, 2000 @09:52AM (#1021586) Homepage
    Of course, IANAL...

    Many years ago, I had this guy from my school leave a bunch of very bizarre and often threatening messages on other people's answering machines and voicemail - and leave my phone number on it.

    I finally found one sympathetic company willing to play the message back to me over the phone - I recall it had something to do with "and I'd better be seeing that money soon, understand?" Of course, I recognized the voice, and I called my local police department to see what the law had to say on the matter... and guess what? It counted as telephone harassment, same as if he'd have called me directly.

    So, if'n I was IBM's bigshot lawyers, I'd go after them for either theft of services or harassment. It seems to me that ibm.net must have gotten flooded with "die fsckin' spammer" and "delete this account" messages... sounds like the same concept to me!

    --
    Make Money on the 'Net [geocities.com]

  • by Threemoons ( 70070 ) on Tuesday June 06, 2000 @09:52AM (#1021589)
    On a related note, a number of my colleagues are insisting that China recently EXECUTED some spammers. Any stories/f.u. on that would be great!

    I wonder if the guards yelled "JUST HIT DELETE" before shooting the offenders...

  • Correction: Spam is pork Jello.
  • Well, not necessarily organized, but I bet a lot of these jerks do share/sell software, lists, etc.

    Hmmm. I wonder if USian spammers could be nailed under RICO? (Racketeer Influenced and Corrupt Organizations Act) Nah, probably not.

  • Actually, I've noticed that some ISP's have started to include a X-trace line in headers. This includes the exact time, IP address, phone number, etc. that the spammer was using when putting the spam into the system. I've only seen it in USENET postings, but that's because I haven't actually spent any time carefully going over headers on e-mail spam. It should make it very easy to trace, though.

  • I know it. I've used the argument dozens of times. "Its not my fault they didn't have their system configured properly."

    But I don't know that it stands. I mean, personally I think that if a company has a severe security problem such as the one this company so obviously had (being able to relay to out-of-domain addresses), then I think they deserved what they got. And I don't see how a company can claim damages on something that wouldn't have happened if they'd been properly configured to begin with...

    On the other hand, I take responsibility that if I get caught I'm pretty much going to twist in the wind. I think he got caught, and I think he deserves to twist in the wind.

    There was something the article didn't mention. Was he simply using their e-mail servers, or did the man use that company as his ISP? I think its an entirely different argument if they were his ISP. (And I don't think they were...)


    --
    "A mind is a horrible thing to waste. But a mime...
    It feels wonderful wasting those fsckers."
  • by Anonymous Coward
    Hmmm check out this website for an interesting read about Somebody who fought back [freewebsites.com]

    What this guy is doing is probably "wrong" but I applaud him on all accounts. I really detest spammers
  • I disagree. Everyone should be able to leave their mail server open to this. Sometime someone will need something to relay thourgh, and it costs nothing to relay 1 message. It is only several million that was the problem.

    I also belive you should be able to leave your door unlocked. People should be honest enough that they only enter your house (without your permission/knowlege) when they are passing through town and need a bathroom, or need a cup of flour. (The latter is typically a neighbor, and you would be paid back when you needed a teaspoon of Oragino)

    Of course like everyone else I lock my doors because there are dishonest people, but in a perfect world things would be different.

  • The "law" they cite never passed. And spammers are so often fly-by-night that removing yourself from the list is pointless - another one just pops up.

    Bruce

  • 1) Firmly establish that which is already used offline to make forging the source of any internet transmission to be illegal. This would include packets, even to have the nice effect of making it easier to prosecute DoS cases.

    2) Set up servers to not accept messages from non-existant hosts. This way, the server will only accept messages from real hosts, and if they're forged, it'll be prosecutable.

    Of course, there's a lot more to it than just that, though. I know it could be dangerous if inappropriately applied, but I can see circumstances under which civil suits by a clean ISP against an open transport ISP *cough*AOL*cough* on the grounds of negligence. Heck, if a little kid goes into my shed and steals my radial saw, and ends up cutting his hand off with it, I can be held responsible. Therefore, I keep a lock on it. Of course, if the kid breaks in despite the lock, I'm not responsible, because I made a reasonable effort at securing the hazard.

    I am kind of afraid of letting judges and juries determine what is a reasonable computer security expectation, though. Well, this is just food for thought. I'll let the experts hack it out. (in every meaning of the word)
  • by calibanDNS ( 32250 ) <brad_staton@hotm ... com minus author> on Tuesday June 06, 2000 @09:53AM (#1021618)
    I hope that this trial somehow gets televised; I'm dying to know how this guy claims that no crime was committed. This should be more interesting than the OJ trial.

    ~CalibanDNS
  • by tokengeekgrrl ( 105602 ) on Tuesday June 06, 2000 @03:33PM (#1021619)
    Given a choice between dealing with spam, and dealing with an overzealous government, which would you pick?

    If I were a business that had my network go down for any number of hours or days at a loss of thousands of dollars to my company, damn straight I would want the government involved.

    I atleast need to be able to seek recourse in the courts so that I can file a civil suit to collect compensation to cover the financial damage my company suffered by the network-trespassing-spamming-scum.

    - tokengeekgrrl
    "The spirit of resistance to government is so valuable on certain occasions

  • ---
    ...dollars to my company, damn straight I would want the government involved.
    ---
    ---
    "The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive." -- Thomas Jefferson
    ---

    Anyone else find this incredibly funny?

    Offtopic, I know, but I couldn't resist. :>


    - Jeff A. Campbell
    - VelociNews (http://www.velocinews.com [velocinews.com])
  • Actually, I believe that AOL'ers are the indirect cause of most of the spam we get. They're the ones most likely to jump at anything they read in spam, as many AOL'ers are newbies and not completely immunized against spam yet. For this reason, spammers can pull some degree of revenue, so it makes spam a viable economic option.

    If it wasn't for the AOL'ers, there's a good chance that the amount of positive responses spammers got would be overwealmed by the negative impact and most spam would stop.

    Just my opinion anyways.

    -Restil
  • I can't say I condone hacking and stealing personal information, but this story [freewebsites.com] just makes me get up from my chair and yell "Yeah!!!!!!!"

    The 'innocent' spammers in question have already starting taking down mirrors of the site [cluelessfucks.com] [cluelessfucks.com]. I suggest you get in quick!

  • He did not hijack anyone's box. Can you spell the words OPen Relay. Summary:
    • I am happy that someone is being sued for spamming with a forged address
    • It is a pity that such a jolly event is caused by the fact that someone is suing for damages caused by the need of its own the IT department to be shafted with a sharp cluestick. You do not run an open relay nowdays unpunished.
  • Actually, you might be interested in Hormel's take on spam [spam.com].

    --

  • I have one web site that provides free webmail (no SMTP) in addition to other stuff. Every three months for the past year, there is a scumbag spammer who uses us as a return address (forges everything, including the message-id, but can't forge the originating Received: header). He runs a credit card grabbing scam that can only appeal to people who can count their IQ on their toes. But he keeps coming back. He operates out of Los Angeles, started with connectivity through Verio, moved to UUNET, and now works out of rasserver.net.

    Now, the average user cannot read email headers. However, the average user has the ability to send an abuse report (hundreds and thousands), although usually with a threat of a lawsuit, foul language, or incomplete headers. But we can't blame the users. We just tell them where it really came from and give them a few good links about spam. At the same time, we fend of cease-and-desist or die messages from our various outsourcers, who routinely forget that the exact same thing happened only a few months ago. It gets to you after a while.

    So, what can we do? Contact the ISP that is putting this guy on the net? Nice try. Waste your time on their abuse address, waste more time on faxing, finally call them to tell them about the problem and they will immediately refer you to their lawyers. Any chance of getting a network tech on the phone to talk about the problem? Forget it.

    The only viable solution is to subpoena (sp?) the server logs from the ISP and the telephone records from the telco and go from there. For me, that doesn't work, as I'm in Jakarta and have no desire to spend mucho money on an intercontinental lawsuit with little or no hope of reward at the end of it.

    What would put a stop to SPAM? Making the ISP responsible for monitoring, and responding to abuse complaints about, spam that was sent from their systems. Do you think the ISPs could stop it if they were "motivated" to do so? Damn right they could. It can't be too hard to notice that someone is sending 50,000 emails through your system within a 20 minute period.

    Making the ISPs partially responsible would go a long way toward eliminating spam. Perhaps a sliding scale fine system would work.

    [aside: in the one event where a shitforbrains spammer rigged a perl script to sign up for accounts, login to our webmail, and send spam (all through HTTP connections), we only got 4 complaints. we also shut down the spammer within hours of the original complaint]
  • by DonkPunch ( 30957 ) on Tuesday June 06, 2000 @10:40AM (#1021644) Homepage Journal
    ...you guys sure don't know your RFCs very well.

    I'll give you a topic:
    SMTP IS NEITHER SECURE NOR AUTHENTICATED.

    Discuss.

    It says so right there in the RFC. You can lie in the headers. There is nothing to verify that the sender is who they say they are.

    If you're relying on the "From:" line of an e-mail to tell you from whence a message was generated, well, that's your problem. I guess you think hotsexx@youroffice.com is a real address, too.

    I hate spam as much as the next guy, but let's get real here.

    Being slashdot, I'm surprised nobody is claiming they have a First Amendment right to create bogus headers. What if he's doing it to make a political statement?
  • Quote from the article:

    Pirro said the message traffic Garon allegedly sent through Market Vision, a graphics studio company in Irvington, was so heavy that it crashed the company's internal network, causing damage in repairs and business downtime.

    What? I can understand that maybe the mail system would become clogged and cease to function. But exactly what "repairs" would be necessary? The guy claims $18,000 in damages! If it's that hard for their network guys to clear out some mail, then they guy has bigger problems that a spammer using his mail system.


    --

  • by pnevares ( 96029 ) on Tuesday June 06, 2000 @09:55AM (#1021648) Homepage
    The Localhost.com spam lawsuit [colorado.edu] was very similar to this, and that was a few years back. Didn't this set a legal precedent (or something similar)?

    Pablo Nevares, "the freshmaker".
  • IBM should just sue the spammer for the manpower spent, the network usage, the mailserver usage, the damage to their reputation, etc.

    Though, it would be kinda nice if the spammer could be locked up, too.

"Everything should be made as simple as possible, but not simpler." -- Albert Einstein

Working...