EU to Require Opt-In for Commercial Email 379
From: Beebit <beebit-u03@euro.cauce.org>
Newsgroups: news.admin.net-abuse.email,
talk.politics.european-union
Subject: European Parliament Supports 'Opt-In' for Commercial Email
Date: Thu, 30 May 2002 13:08:11 +0200
The European Parliament has decided to accept the Council's Common Position which would require senders of advertisements by "electronic mail" to have the recipient's prior consent. "Electronic mail" is defined broadly enough so as to include text messaging systems based on mobile telephony in addition to email.
The 'opt-in' requirement for electronic mail will be in Article 13, Paragraph 1 of the new Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector which will enter into force following its publication in the Official Journal. The Directive will guide the enactment of legislation throughout the European Economic Area, which includes the 15 EU Member States and European Free Trade Association members Norway, Iceland, and Liechtenstein. EU Members Austria, Denmark, Finland, Germany, Greece, and Italy as well as EFTA member Norway had already implemented 'opt-in' in their national legislation.
Further provisions in the same Article would allow companies to send advertising via email for their own products or services of a similar category to addresses which they had obtained in the course of a sale, unless and until the customer has registered an objection. Customers are to be given the opportunity to object "free of charge and in an easy manner" both at the time the contact details are collected and with each advertising message.
All in all, is an extremely welcome development, and should serve as an example and inspiration for legislators in other territories. We are absolutely delighted to see Parliament joining the Commission and the Council in taking a stand to protect European consumers and network users. It only remains to extend similar protection to corporate citizens. This will probably have to be within the framework of other legislation than that pertaining to the processing of "personal data".
~~~
The European Coalition Against Unsolicited Commercial Email is an
all-volunteer, ad-hoc grouping of Internet users and professionals
dedicated to bringing about an end to an unethical practice by
technical and legislative means.
http://www.euro.cauce.org/en/
damned america (Score:2, Insightful)
Oh, right. We don't want to interfere with business' right to annoy the hell out of us.
Re:damned america (Score:2, Insightful)
Oh, right. We don't want to interfere with business' right to annoy the hell out of us.
Where are your manners? That's no way to talk about your masters, now get back to work and remember to tithe a substantial amount of your income to business approves products and services. Opinions like yours get in the way of buying elected officials and key appointments.
If anything, the EU is years behind the USA in selling out to business and the wealthy. Now if you'll excuse me, I have to go sell guns to school children.
Re:damned america (Score:2, Insightful)
It's a tad unsettling.
** Reminder ** (Score:2)
What sort of opt in. (Score:2)
Either way opt-in is the way to go wrt email from commercial interests, I hope my country (US) adopts such restrictions for its corperations.
Any "official" language to opt-in? (Score:2)
Achtung! Die spammingmessagezunzuzkriben is nicht fer yer fingerpokin! Clicken-zie to unsubzkriven spamhaus und wilkommen billiards und billiards of weightenlozen, Paenisenlonginment und CowboyNealen mail.
Mobile phones might have something to do with this (Score:4, Interesting)
I think this is a point a number of US politicians need to understand. With some of the charges proposed for 3G in the US ($2 a mb in some places) the end user could end up paying for a lot of crap e-mail.
You're absolutely right (Score:2)
I think the U.S. ultimately likes it because legislators are being told these kinds of communications are good for the economy because they stimulate business by creating new transactions. But of course, you could say the same for legalizing fraud. Both approaches have long term conseunces which are bad in the end.
-David
Re:You're absolutely right (Score:2)
Re:You're absolutely right (Score:2)
Re:Mobile phones might have something to do with t (Score:2)
Re:Mobile phones might have something to do with t (Score:2)
In most European countries, you don't need a mobile connection to pay per minute.
At least in
spam has always cost Europeans real money.
Too bad Canada doesn't care... (Score:2, Troll)
I wish our wishy-washy Liberal government had the guts to extend the telemarketing rules to spam emails. I say "good show" to the EU for setting a precedent.
Re:Too bad Canada doesn't care... (Score:2, Informative)
I wish our wishy-washy Liberal government had the guts to extend the telemarketing rules to spam emails. I say "good show" to the EU for setting a precedent.
Ontario is drafting a proposal [gov.on.ca] which would:
- require express positive consent before any personal information could be used for any other purpose than completing the initial transaction
- require express positive consent before any personal information was disclosed to a third party for marketing purposes
- means you will have to contact all of your existing customers and get their express positive consent before sending them any further marketing material.
- Extends the definition of personal information to include any information about an individual that can be manipulated and used to identify or contact an individual
- etc
Please note that not ALL corporations (in Canada, US or any other location) are interested in abusing the email system for quick-&-dirty profits. Many recognize the value of Doing The Right Thing(TM).
Re:Too bad Canada doesn't care... (Score:2)
Absolutely! You need look no further than Phillip Morris for exemplary corporate behaviour. They don't send SPAM - all they want to do is get kids hooked on smoking at an early age so that they can derive maximum profit from the addiction before the customers die.
Kind of warms your heart to see them Doing The Right Thing and not flooding our mailboxes with SPAM!
Even a stopped clock is right 2x/day (Score:2)
Sparing my 0.0000000000000001% respect for the Harris (Legacy) Tories since 2000.
Can you still opt out? (Score:2, Insightful)
Is it gonna be mandatory that if someone wants to get away from something they opted in to that they can quickly and easily?
Re:Can you still opt out? (Score:2)
I hate spam as much as anyone. However, I'm concerned about the burden of proof issue. Anyone who has operated a large opt-in list knows that some percentage of users don't remember opting in (a tiny percentage, but if you've got a list of 50,000 people and
Likewise, sometimes email addresses change, especially ISP based mail. joe@someisp.com may opt in for a list, then cancel his ISP account. A month later, there may be a different person using the joe@someisp.com account, depending on ISP policies. And that person is going to be getting truly unsolicited email.
Of course, the idea is to ban egregious spammers, but I'm concerned about how laws / courts will deal with issues more subtle than "Joe Idiot bought a CD of a million email addresses and spammed them all." There has to be some protection, or some threshold of complaints, so that a tiny percentage of emails going wrong (either due to user or company error) doesn't result in huge legal issues... otherwise, we're talking about outlawing commercial email altogether, which I don't think anyone wants.
Cheers
-b
Part of a very bad Bill (Score:5, Informative)
What I don't understand is why "they" (gub'mint's everywhere) seem to think that the answer to the failures that lead to 9/11 [bbc.co.uk] is more of the same [theregister.co.uk]. Unless... but that would just be paranoia.
...the more important part, in my opinion. (Score:3, Informative)
Re:Part of a very bad Bill (Score:2, Informative)
Article 15
Application of certain provisions of Directive 95/46/EC
1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1) to (4), and Article 9 of this Directive when such restriction constitutes a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as referred to in Article 13(1) of Directive 95/46/EC.
Nobody has to store anything from the EU. The only thing that the EU says is that countries have the right for themselves to decide what records should be maintained for how long. In fact, the changelog goes as far as to say:
Article 15 - Application of certain provisions of Directive 95/46/EC
Specifies where Member States may restrict provisions of the Directive to safeguard public security and conduct criminal investigations;
Extends provisions of General data protection Directive on legal remedies and proceedings of working party to this Directive.
(Unchanged except for inclusion of new Article 9 in scope of derogation for public security reasons, replacement of 'telecommunication services' by 'electronic communications services' and deletion of committee procedure as their only role in the context of this directive was the amendment of the Annex which has disappeared).
Where Article 9 is about the information that can be obtained through e.g. cellphones about somebodies physical location.
In a not so unified Europe this is the only sensible thing to do. Europe should have a united security policy before adopting any legislation that tries to centralize this, or it might have very unwelcome effects. For instance, because the BRD considers the PKK to be a terrorist organization suddenly everywhere in Europe all countries would have to tap all electonic communications of all suspected PKK members, even if the national security board has decided that that specific organization is not terrorist.
Without me having a vote for the governing body of security services in other EU countries other EU countries should not have a vote in deciding the organizations that my country has to tap.
What is commercial speech? (Score:2)
Re:What is commercial speech? (Score:2)
I suppose you think there should be no seatbelt or motorcycle helmet laws either? If anything they're more "onerous" than this law.
It's gotta be done right (Score:3, Insightful)
Not a solution (Score:2, Insightful)
Spam is nearly impossible to stop via laws - I think the market will and is solving this problem with more intelligent filters that will make it un-rewarding.
Re:Not a solution (Score:2, Insightful)
Re:Not a solution (Score:2)
Well, if you can impose some real costs on the sender, such as the threat of fines, then it becomes cost prohibitive.
An example of the potential effectiveness of such legislation, one could point to the anti-SPAM-fax laws in the USA. Before them junk faxes were a real problem, and after them they were much reduced. Now this might not be long term, since I think there have been recent court cases that have invalidated parts of this lawas in some areas, but in general the approach has some merrit.
Not all good news (Score:2, Informative)
In Europe? (Score:2)
Re:In Europe? (Score:2)
Sadly this is almost never the case but i could be encouraging to other countries to adopt similar laws. We would never be able to block every spammer on earth but it would undoubtly reduce the amount of spam we have to cope with.
This is surely good news since my provider XS4ALL [xs4all.nl] allready won a courtcase against a dutch spammer [slashdot.org] and recently introduced spam filters on everyones account (individually configurable by the subscriber).
Re:In Europe? (Score:2)
The flaw in the argument is that while the spammer may be offshore, the commercial transaction it solicits is often domestic. (Does 'domestic' apply to intra-EU things? Is there another word to use?) So, even if you can't get the offshore spammer directly, you can quite possibly get the business it's trying to promote.
How much regulation? This much. (Score:2)
Jailing white-collar criminals is incredibly effective in stopping specific types of activity. You put one CEO in jail, and it really gets the message across. When some GE executives went to jail for antitrust violations in the 1960s, it stopped antitrust problems for almost a decade.
Might look good on paper. (Score:2, Interesting)
I just don't know how any kind of legislation could ever stop or even noticeably slow spam. And I wonder how tightly you'd have to word something like this so you didn't go after legit mailers. I run an ultra-low volume mailing list at work and I get semi-indignant messages all the time from people saying they never signed up, when in fact they've usually forgotten they signed up in the first place (we don't do any address gathering or harvesting).
I always honour the unsubscription requests, even going as far as sending a note of apology, so I wonder how this would affect folks like me that try to be responsible. Having said all that, I'm still all for trying this out, on the off chance it actually works.
And I guess the spam opt-out should be in Esperanto to make sure we can all read it. :P
At last! Reason #2 for living in Europe (Score:2, Funny)
Mmmm. Belgian Beer.
I knew I lived here for a reason. See reason #1 for why I'd forgotten
Spam used to get me mad (Score:3, Insightful)
Spam used to get me really mad and/or annoyed. I thought about the scammers out there, I thought about my wasted time, I thought about wasted resources, etc.
Recently, I've installed Spamassassin [spamassassin.org], and I've been running it for a few months.
Nowdays, spam doesn't bother me too much. Spamassassin tags nearly all of it. Deleted without much trouble or effort on my part. I still report the ones that get through the filter. I haven't had much of a problem with false positives either.
These days I'm thinking that passing more laws to stop spam isn't the answer. I'd rather we use technological solutions for now. If/when we finally all start using authenticated, encrypted e-mail, spam will cease to be a problem at all. In the mean time, a good filter aleviates the need for legislative solutions, in my opinion.
Let's wait for the implementations in law (Score:2)
Here's my spooky prediction. We'll see "traffic congestion thinking": sure, everyone else should take the bus, but it can't hurt if I keep using my car, right?
Likewise, every country in Europe will say "Sure, we don't want those bastard Germans, French and Brits [insert or delete as appropriate] spamming our citizens, but could it really hurt that much if we enact lax legislation so that our businesses can scam^H^H^H^H market themselves globally and reap nice fat tax generating revenues, right?"
Remember, each member state can decide for itself exactly how to interpret this resolution, and how strongly to police and enforce it.
What about good 'ol vigelantism? (Score:2)
In a perfect world laws would be written, and enforced. But right now, they are not. As a general rule, I'm not a proponent of taking the law into your own hands, but I'd sure like to see some smack down on whoever hits the 'send' button on this crap I get in my e-mail box.
It won't help though (Score:3, Interesting)
I've reported spammers to the cops repeatedly, and usually got a letter 2 weeks later stating something along the lines of "yes, they violated the law, but we won't go after them for such a small offense because they're too busy with real crime (It's not like they're committing a major crime jike going 55 in a 50 zone, or crossing a traffic light 5 seconds after it turned red...)
I don't think this piece of legislation will be any different.
Legitimate businesses that may worry about their reputation never sent spam in the first place.
Re:It won't help though (Score:2, Interesting)
I unfortunately can't find any examples, but we have had this law in denmark for quite a while now and i remember reading about some people who were stopped.
Of course we have different issues, like highly inconsistent laws. With email you need to opt-in, with regular mail you can opt-out (by placing a sticker on your mailbox) and on the phone only newspapers and one other type (forgot which) may advertise. A bit strange, but i guess it works.
The point (Score:2)
Giving cynical comments about how this won't help etc, however doesn't do anything. Spam assasin etc would be better of course but it doesn't have any legal basis and it seems that quite a few politicos in the US have a vested interest in outlawing efforts such as that.
Another wonderful EU decision is... (Score:2, Interesting)
Sounds like I'm gonna have to move back to the US, or somehow find an ISP that's gonna work around all this. What I was wondering about was exactly where they want to scan the data. At the ISPs or somewhere at the backbone?
A little more information can be found here [webwereld.nl], if you can read Dutch
Toqers Bakersfield spam adventures! (Score:2)
I'm not going to repost my previous [slashdot.org] comment on this, instead I will completely re-write and re-word it for those that think recycling one's own precious electrons that they themselves created is a waste.
Let me start by introducing myself. I'm 29, born and raised in san Jose, had a computer in my house since I was 5. Up until the .com crash I had a nice
7 year long career as a sysadmin for a lot of different companies. So yeah, I do
know a thing or two about computers, networking in general.
Well, I had been laid off for about 6 months or so. Wife n I bought a house a week before I got laid off, she got laid off 2 weeks later. Everyday this unemployed sysadmin would fax out résumé's trying desperately to get off the top ramen diet I had been on all while the words "Must not eat, must pay mortgage" played out in my head. I had dropped in weight from 240lbs down to 196. Poor desperate and at the end of my rope I decided to try and scrounge up some contract work.
Around that same time, a friend of mine told me something rather intriguing. His father [slashdot.org] down in Bakersfield apparently had a T1 line, and was running a spam operation out of his house and might need my help in making it better. It would be an all expenses paid trip (gas for his car, 7-11 burritos, big gulps, smokes) I told him I had sort of a moral objection to eat so let's go!
Well as we started out our trip I talked to my bud about how I was going to install list managers for his dad and how it would help him stay "legal" We switched subjects from our acid trippin days as teenagers to who was having kids these days. It's weird, as you approach 30ish it seems like you and all your friends wives are just shooting out babies and placenta like AA fire over Baghdad. Well 5 hours later we arrived at his fathers house and I began to surmise the situation.
*Thinking to self* Hmm I bet myself any money that it's just DSL... Nono... wait a minute what is he using that cisco2500 for??? Wait a minute, look at those orange lights flickering at 60hz Holy SHIT thats a CSU DSU! Wait lemme count...1.2.3.4 YES!! 4 COPPERS!
I looked over the rest of the room and saw that it was wall to wall screwdriver shop computers, all of them running win98. Then I opened my mouth.
"Wow, you really got your act together here!" He started showing me the different systems and softwares of his operation. To my horror and shock he was running a windows based open relay SMTP scanner [slashdot.org]!
*Open mouth, Insert Foot* "Uhhh sir? Using other peoples SMTP servers without authorization is trespass." Well I opened up the floodgates of this 53ish former Green Berets patriotic side. Oops!
"THE INTERNET WAS CREATED BY THE GOVERNMENT WITH MY TAX DOLLARS!! IF THESE SERVERS ARE OPEN RELAY'S THAT MEANS THEY WANT ME TO USE THEM! DON'T TELL ME I KNOW IT ALL! ALL THESE LAWS THEY'RE PASSING ARE INTERFERING WITH MY AMERICAN RIGHT TO DO BUSINESS!!"
At that point I had to think quick, c'mon toq, what would you say whenever someone was absolutely ballistic at the office. Somehow my ramen fed mind uttered the phrase, "I never thought of it that way, I think you're right!" Holy shit it worked! He calmed down after that.
The way home was spent driving faster than we had gone going there and explaining to my friend how what his father was doing was bad. He really didn't get it until I told him it fucks up his counter-strike and penciled in bandwidth calculations. 3 days of sleeping on a floor in a run down apartment complex wasn't really that fun. That and his father tried to shanghai us down to the army recruiters. Despite the negative involved it was a growing and learning experience because I saw exactly how the REAL down in the GHETTO spammers live. It's not pretty.
Sort of an update to the story, my buddies father is out of business. Not from an ISP shutdown though. His wife left him so he moved to the Philippines to avoid paying alimony. Myself, I've fully adjusted to eating less, working out more, and living on a string of contracts for everything from doing web work to 3D renderings of industrial machinery.
Re:I can't see this ever working in the US (Score:3, Insightful)
How is keeping mail that I didn't ask for, don't want, and have to pay for out of my inbox an "unconstitutional restriction on speech"? If they want to put their shit in my mailbox, they can at least have the good graces to pay the (e-)postage themselves.
The right of someone else to spend my money without my permission is exactly nil.
Re:I can't see this ever working in the US (Score:3, Interesting)
Two things.
1. Unless you're paying for your dialup "by-the-byte" (does anyone still operate that way anymore?), they're not spending your money. You've already spent it. Internet is flat-fee in the vast majority of areas.
2. Even your strong statement is not without precendent. See cell phones. If you're out of town, and I call you, YOU pay a long distance charge, just for answering your phone. Isn't this exactly analogous to checking your email? So yes, people can spend your money - it's not unheard of.
Re:I can't see this ever working in the US (Score:2)
Of course they are. Spam=bandwidth. Wasted bandwidth means either more equipment is required to carry the same amount of useful data OR you suffer from reduced bandwidth. Either way you end up with reduced bang for your buck.
Re:I can't see this ever working in the US (Score:2, Insightful)
Byte for byte, the largest wastes of bandwidth I'm experiencing can be attributed to two categories: 1: Windows SysAdmins who refuse/don't know how to patch their systems against the likes of nimda and code red. They also waste space in
Spam can be blood-boilingly infuriating and push us to the point of wanting to ressurect public hangings, but I think that by and large the two categories I list are the biggest wastes of everything... And I'll be damned if I can find a way to opt out.
-Sara
I don't want SPAM to be illegal. (Score:2, Insightful)
The problem right now with SPAM is that the SPAMMERS are preying on morons who think that SPAM works. These poor home-based business owners really think that SPAM companies are going to send their adverts to 5 million real people, as opposed to 1 million dead addresses, 1 million duplicate addresses, 1 million domain-name registrants (or ex-registrants), and 2 million people who will instantly trash the message. Maybe the best course of action is a crackdown on fraud laws?
I just had to cancel my email address of 5 years due to being overspammed. I was deleting mail that I needed because I was deleting blocks of 10, 20, 30 at a time. And now I will lose contact with old friends for a while. I would really like to be able to make some of those cocksucker spammers pay for it.
-dbc
Re:I can't see this ever working in the US (Score:2)
That's not entirely true. The cell phone will show the caller's number. If it looks like long distance or someone unknown, the receiver can let it drop into voice mail, which can be accessed for free.
Re:I can't see this ever working in the US (Score:2)
Re:I can't see this ever working in the US (Score:2)
Re:I can't see this ever working in the US (Score:2)
Re:I can't see this ever working in the US (Score:3, Informative)
Two things.
1. Unless they've invented infinite bandwidth dialup, every kilobyte takes about a fifth of a second (assuming a good modem).
2. Phone companies in Europe (and elsewhere, excluding USA) charge by the second for local calls. It gets quoted by the minute (e.g. 2 eurocents per minute) but nowadays is calculated by the second (in NL on ISDN at least).
TANSTAAFL
Re:I can't see this ever working in the US (Score:2, Insightful)
Not forgetting that with WAP handsets, you can collect your email on your mobile. For example, on my T68i, that involves downloading the headers and disconnecting, then reconnecting if you wish to collect the body of the message(s). By the time you've downloaded the headers, even if the subject line is obviously spam, you've still wasted airtime charges in collecting the spam mail header(s).
Two *wrong* things (Score:3, Insightful)
No, actually, it's not.
But I have the option not to answer, and thus not to pay.
By the way, have you heard the latest ruse with cell phones? Some packages now let you subscribe to information services that charge you for using them, and apparently most mobiles are vulnerable to having someone dial you and then bill your account as if you'd subscribed to such a service, without any consent on your part at all. This is already happening, and is where unsolicited commercial messages are headed. Do you really, really think this is a good thing, and just like answering a long-distance call?
Re:I can't see this ever working in the US (Score:2)
So, yeah, there is a precedent here - it's against the cellphone equivalent of "spam", even in the country with the First Ammendment.
In the good soccer WM tradition (Score:3, Informative)
The vast majority in Europe (which was part of civilized society, last I checked) pays by the second.
On the other hand, and provided you don't receive cell phone calls while roaming in other countries, cell phone reception is free as in beer.
Overall and givcen the really rotten mess called mobile phone services in the US, my assessment in that specific respect is:
Europe 1 : US 0
Re:I can't see this ever working in the US (Score:3, Insightful)
It is NOT a restriction on speech, because unsolicitied commercial email places a financial burdern upon the recipient, where the recipient has NOT consented to undertake that burden.
That is, they often have to directly pay to receive what they never requested. It is somewhat akin to having someone send you a magazine in the mail, and then bill you for it.
Re:I can't see this ever working in the US (Score:2)
Hm. How much do you pay for the premium "no post or reply button" /.?
Re:I can't see this ever working in the US (Score:5, Insightful)
Yeah, and she dressed like a slut, too.
Re:I can't see this ever working in the US (Score:2)
SPAM is messages sent TO you, whereas you go to slashdot to read messages. Therein lies the difference.
Re:I can't see this ever working in the US (Score:2)
Re:I can't see this ever working in the US (Score:2, Insightful)
Not true. Slashdot openly invites posts from anyone and everyone. They advertize themselves as a public venue. An email server which only services its own subscribers, whether it is connected to the Internet or not, is still private. Simply being connected to the Internet does not make a system fair game for any and all activity.
No, it isn't. The government is not deciding which emails are accptable and which are not. You can still opt-in to receive the emails. What the government is (would be) saying is that the sender of a certain type of message has to have the recipient's permission before sending that message. Here's an analogy: I tell my best friend he is welcome to come over any time and have a beer at my place. I have given him permission to enter and have accepted financial responsibility for any beer he might drink. But if a solicitor comes over, he has to obtain my permission to enter my house, otherwise he's tresspassing or burglarizing (which one depends on local laws). If the solicitor then proceeds to drink one of my beers, that's theft. The government hasn't prohibited the solicitor from attempting to sell his wares or from drinking beer, it has simply required him to obtain permission from the parties he may adversely affect.
Another analogy: I have CallNotes from the phone company, so when I'm not home and someone leaves me a message they're using the telco's eqiupment on which to store the message. It's a service I pay for, just as my email account is a service for which I pay my ISP. The message doesn't go directly to an answering machine in my house. However, the fact that I don't own or directly control the equipment on which the message is left does not circumvent the law(s) that say someone can not leave a message threatening my life. The caller is responsible for the message which is intended for me, whether or not the message is left on equipment I own.
Simply put, requiring opt-in for spam is not prior restraint. Prohibiting all spam under all circumstances would be.
Re:I can't see this ever working in the US (Score:2)
If the content of the fax is not an advertisement then it's not illegal to send it unsolicited. Thus I cannot be prosectued if I accidentally fax you a 1000 page document on the sex life of llamas, unless I try to sell you some llamas within the document.
If you don't think that emails have a cost associated with them, you are quite incorrect. On a specious level, there's the cost of bandwidth to the ISP, the drive storage of the data, processing time of same, and the time it takes me, the end user, to realize that only 3 out of 120 emails I got today weren't SPAM and to delete them. On the specific level, if you have email access on a cellphone, or have maximum bandwidth allocations on your ISP, you can cite some very specific costs associated with that SPAM.
The precedent exists and it's not a bad one. The onslaught of email SPAM makes the old junk faxes look like a bad joke. MAPS and the like don't solve the problem - they mask it. The bandwidth is still being consumed and it's going up constantly.
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Re:I can't see this ever working in the US (Score:2)
If putting up a publicly accessible server, offering user accounts to anyone who signs up, and even allowing people who have no account to post as Anonymous Coward, does not constitute Slashdot's consent to undertake the burden of allowing someone's post, then what does?
Sendmail is a publically accessible service, and it allows people who have no account to post using any arbitrary psudonym they want. That also constitutes consent to undertake the burden of allowing someone's email.
Re:I can't see this ever working in the US (Score:2)
I like these guys.
Re:I can't see this ever working in the US (Score:2)
I have an email account so that I can get messages that I am interested in. I am not interested in ads. I pay an ISP for this account. The ISP sets prices for his accounts high enough to cover his costs. Some of these costs include bandwidth, storage space for email, modems for people to connect, and phone lines for those modems. The more of any of these things that the ISP has to have, the more the ISP's costs.
If the ISP does not gain any customers, but the bandwidth used goes up, he will have to raise the prices that I pay. If the ISP does not gain any customers, but the amount of storage space he needs goes up, he will have to raise the prices I pay. If the ISP does not gain any customers, but each customer has to stay connected longer to download their email, the ISP will have to pay for more lines and modems. Then, the prices I pay will have to go up.
If every customer of my ISP starts receiving 100 pieces of spam each day, the ISPs costs will rise, and the price I pay will go up. If every postal customer starts receiving 100 pieces of junk mail every day, my price does not increase. Why? Because with email the recipient pays for the delivery, while with physical mail the sender pays for the delivery.
The analogy above of somebody banging on the door ten times a day has one major flaw in it; there is no expense to the person who owns the door. Change the analogy to "If some guy picked a flower out of my flower bed 10 times a day..." Yes, the flower bed is outside and you can walk to it right from the street. You seem to think that this is an invitation for anybody who wants to to walk up and pick a flower. I (and the law everywhere) disagree. However, if you knock on the door and ask if you can pick a flower, I can then opt-in to your using my flower bed ("Sure, pick one any time.")
In your flippant answers above, one of the questions was, "So why does the fact that I have an email account ever allow you to message me?" Technically, you answered the question asked and not the question intended. So here are a few of the intended questions for you to answer:
Chris Beckenbach
Re:I can't see this ever working in the US (Score:2)
I asked, "What do you perceive as the difference between "free speech" and "speech for free"? Is there any?" You replied (in part): "The phrase "speech for free" doesn't really have a set meaning in my mind. It sounds like something you just invented. "Free speech", in my mind, means that the content of one's communications should never be regulated. I don't believe in any exceptions, unless you want to count conspiracy to commit a crime, which I personally see as more of an act than speech."
You sig reads: "Oppose a law to criminalize spam - watch your karma go down by 20. Can you say "witch hunt"?" Post/reply/flame all you want; I'm done with you. If you haven't figured it out by now, you're a waste of any more electrons. As Louis Armstrong said, "There are some people that if they don't know, you can't tell 'em."Chris Beckenbach
Re:I can't see this ever working in the US (Score:3, Insightful)
Re:I can't see this ever working in the US (Score:5, Insightful)
Re:I can't see this ever working in the US (Score:2)
Re:I can't see this ever working in the US (Score:2)
What you say is protected by the constituion, how you say it is not.
Spam laws cover both "how you say it" (unsolicited), and "what you say" (commercial). Spam is certainly protected speech. Whether or not it should be given an exception to the first ammendment like obscenity and fighting words is arguable.
Re:I can't see this ever working in the US (Score:2)
Your analogy is flawed (Score:2)
Email by contrast is a public utility. You can't ask a business to stop receiving email if it doesn't like spam. It's not realistic.
Re:In other words... (Score:2, Interesting)
Not that I am a lawyer, i'm just saying.
Re:In other words... (Score:2)
Thanks (Score:2)
What is your opinion of class action lawsuits? Will they change anything fundamental in the current system, and in what way?
Re:Requiring OptIn isn't going to change a damn th (Score:2, Interesting)
There's also a loophole (I think) in that the Finnish law only forbids spam to personal email-accounts. I've gotten my share of Finnish webmaster@blaablaa.com spam.
Re:Requiring OptIn isn't going to change a damn th (Score:2)
This means a significant win. Up until now spammers could do whatever they wanted because nothing was regulated about this subject. Now it is.
Re:Requiring OptIn isn't going to change a damn th (Score:4, Insightful)
The type of emails you're taking about also tend to claim compliance with a fake US statute, and refer to various laws which were never passed. This is known as lying, or "fraud" on a commercial scale, which is presumably illegal anyway for legitimate companies emailing from Europe.
(In the US it doesn't really matter what's illegal anyway, just because of the cost of legal action to get anything done)
We'll still have to block CH/TW/KO/JP, because they'll keep sending the "you have elected to receive..." emails (hint: that's a good phrase to regexp on and delete the email)
Otherwise a pity there're so many people I need to talk to in the US, otherwise I'd be able to block email from America too, and live in a spam-free virtual Europe.
Re:Requiring OptIn isn't going to change a damn th (Score:2, Insightful)
This is not a law that will be easily enforced. Opting in will become as easy as going to a website.
--trb
Spamming companies are never serious companies (Score:2)
Kjella
Re:Spamming companies are never serious companies (Score:2)
That's the idea!
When the "Big Boys" feel that their company image is threatened, you just watch the million dollar lawyers pounce.
All it takes is a 10 year jail sentence and a 1 million dollar fine on one spammer and the rest of the spammers in that country will skedaddle.
Re:*OPT* in (Score:2)
Most I throw away, but sometimes there is an interesting lecture with free beer afterwards or somthing like that...
I mean, as a developer you actually want to know what certain companies are up to.
So email marketing áctually has a few legitimate uses.
Re:*OPT* in (Score:2, Insightful)
Never complain about spam unless you can verify with 100% certainty that the address you are complaining about is the actual address of the spammer. Doing otherwise will just harm innocent spam victims.
Re:bad news for the economy (Score:2)
Yeah, that'd be nice. Not sure how it's relevant to the topic, though, as unsolicited email is an illegitimate business practice. As evidenced by the bastards who do it.
Re:bad news for the economy (Score:2)
BTW, spammers and organized crime are the only two business models that use the word "legitimate" to describe themselves. If you were a real business, you would be using words like "synergy" and "innovative." The fact that you needed to throw that word in there is very telling.
Re:Opt in? Where do I sign up! (Score:2)
Re:How will this be enforced (Score:2)
It seems to me that at some point, for a spam to be worthwhile, some money has to change hands.
There will be a money trail.
A pr0n site spams in a large way? Go after the site - shut it down.
Penis pills are sold? Shut down the purveyor.
While there are some potential issues with your competitors spamming on your behalf (to get you in trouble) - I think following the money trail would eventually cut down the tree at its root.
Amen, Brother! Violence is the Only Solution. (Score:2)
Not only must Spammers Die, they must Die in a horrible, fearsome fashion, to scare off the other knuckle-dragging, mouth-breathing, pee-drinking, unethical low lives that might think of spamming on their own. A Spammer's death must teach the other hairy, rat-molesting Spammers a lesson that they won't forget.
Email spam is theft. Theft must be punishable. We must punishe email spammers.
Re:So is it legal to go looking for a job? (Score:2)
If you're a contractor and you're trying to pimp your services, that might be another story as that's getting into a client relationship. I suspect this EU law covers bulk transmissions pretty much exclusively.
If you could never, ever ask a person or business on an individual level to buy something from you, no one would ever drum up new business. In other words...if I ask just you to buy my product, that's probably ok under this law and it's really not spam....if I ask 100,000 other people at the same time, that's no good....and that's what this law is trying to prevent. Unsolicited bulk commercial email....spam.
All clear?
Re:Opt-in doesn't work (Score:2)
Replace "fine" with "fee" and simply don't accept any email that hasn't paid up.
Want to send me an email? ok, you'll need the password (which I sell on my web page for $1.00)
Don't know the password? Then I obviously didn't opt in.
No government required.
-- this is not a
Re:Opt-in doesn't work (Score:2)
Funny you should say that. I just spent the last 15 minutes parsing out a list of all the IP addresses in Korea. I will be adding them to my SMTP block list presently.
For the benefit of those also wishing to block Korea entirely from their mail systems, the IPs in question appear to be:
202.6.95
202.14.103
202.14.165
202.20.82 - 202.20.86
202.20.99
202.20.119
202.20.128 - 202.20.255
202.21.0 - 202.21.7
202.30 - 202.31
202.189.128 - 202.189.143
203.224 - 203.231
203.232 - 203.235
210.80.96 - 210.80.111
210.90 - 210.127
210.178 - 210.183
210.204 - 210.207
210.216 - 210.223
211.32 - 211.63
211.104 - 211.119
211.168 - 211.231
61.32 - 61.43
61.72 - 61.85
61.96 - 61.111
218.49 - 218.55
218.144 - 218.159
218.232 - 218.233
Re:SPAM regulations... prohibition... (Score:2)
On my opinion SPAM is occuring as abuse of
ability to send mail to multiple recipients.
So here is an idea how to fight spam:
1. We need to limit number of users in messages in To: Cc: and Bcc: for a reasonable amount (about 30)
---
As you say below, the solution 'should' be on the client side (ie: filtering when receiving). The client, doesn't care, that's the point. Joe Public doesn't want to manage filters, and crap like that, they would rather complain about it, yell at their ISP and then curse the senders.
As far as client software (send & receive), if clients such as Eudora, Outlook, Mozilla, Pine, 'mail', etc. were to limit the numbers of mailings that could be sent (which it is doubtful they would) the spammer would just continue to use another software product. If software limitations were imposed (within sendmail, qmail, exchange, etc.) they (spammers and the below stated) would just go elsewhere.
In that case, the only limitations would be on people that had a legitimate reason for sending mass eMails, ie: family when someone is in the hospital, soccer moms & coaches, people continuing hoax's... (ok, we can get rid of them)
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2. All messages that bear more addresses in To: Cc: and Bcc: should be junked on servers automatic ally.
---
First, See above.
Second, have you taken a look at your spam mail recently? Look at all of the headers, many (most) of the spam that comes through now-a-days has one address in it... yours, in the To: header. The amature spammers use massive Cc:/Bcc:/To:'s, but most of the effective spam will get past simple filters by putting your name in the To:.
Third, a problem that you will run into is that this will not be adopted due to the chance that some soccer mom, jehovah's witness, or someone in a Senator's office will lobby against this and will start an anti-spam-blocking-league as soon as they get's criticised for not putting someone on a mass mailing list.
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3. If you have a legitimate need to use mass mailing - you should use DIFFERENT system. Not mail system. Better to use news for that purpose, but current NNTP-based newsgroups are way to hard to maintain and adding new group is a nightmare for "regular user"
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"They" (spammer scum of the earth) are one step ahead of you. In fact, they already use a very different system for spamming. In many situations, spammers use open relays, one-time-use accounts (AOL Free 1000 hours, hotmail.com, yahoo.com, etc.), and established spam domains. The use of these is actually fully automated at this point, and when they don't use those, they send it from their own domain with a "You opted in to this mailing" or "You are receiving this due to our business partners" etc, etc...
---
I see that mailing lists that have only your "to" will go through this filter - but that proposed measures will junk a lot of spam already! The remaining should be a task for intellectual mail filters on a client side.
---
Not surprisingly, spam filtering falls under three items of the title 'computer security', information security, network security, and system security. And just as a company should not have -only- a firewall, a company should not -only- have a single spam filtering method. The method should be multi-tier with checks for who the mailing is addressed to, which content checks, blackhole/open relay lists checked, verifying the validity of the mailing user, etc.
Lastly, users need to take responsibility and be properly trained. Putting your eMail address on mailing lists, signing up for porn with a frequently used eMail address, and general stupidity help these scum harvest eMail addresses and users need to take action also [See Prevention].
I know they have been listed before, but I haven't seen a comprehensive list of resources on here recently so here one is:
Anti-Spam Manifestos and Organizations
The IETF Anti Spam Recommendations - ftp://ftp.isi.edu/in-notes/bcp/bcp30.txt
Fight Spam on the Internet! - http://spam.abuse.net/
The Coalition Against Unsolicited Commercial Email - http://www.cauce.org/
SpamCon Law Foundation Center - http://law.spamcon.org/
SpamHaus - http://spamhaus.org/
Blacklists -
Blacklists Compared - http://www.sdsc.edu/~jeff/spam/Blacklists_Compare
Google List of Blacklists - http://directory.google.com/Top/Computers/Interne
SpamCop Blocking List - http://spamcop.net/bl.shtml
Open Relay Black List (ORBL) (Currently Appears Down)- http://www.orbl.org/
Open Relay Database (ORDB) - http://www.ordb.org
OpenRBL DNS Lookup - http://openrbl.org/
Distributed Sender Boycott List - http://dsbl.org/
OsiruSoft's Open Relay Spam Stopper - http://relays.osirusoft.com/
MAPS (Mail Abuse Prevention System, RBL/RSS/DUL/NML) - http://mail-abuse.org/dul/
Vipul's Razor - http://razor.sourceforge.net/ (a distributed, collaborative, spam detection and filtering network.)
SpamAssassin - http://www.spamassassin.org
SpamBouncer - http://www.spambouncer.org/
Spam Cop - http://spamcop.net/
Abuse.net - http://www.abuse.net/ & http://www.abuse.net/tools.html
Tools -
QMail - http://www.qmail.org
QMail Anti-Spam Sectionhttp://www.qmail.org/top.html#spam
ucspi-
tcpserver - http://cr.yp.to/ucspi-tcp/tcpserver.html
rblsmtp
Procmail - http://www.procmail.org/
RBL Check Script - http://rblcheck.sourceforge.net/
Tagged Message Sender (TMS) - http://www.deepeddy.com/tms
tcp_wrappers - ftp://ftp.porcupine.org/pub/security/index.html#s
Preventing (Slowing) -
http://directory.google.com/Top/Computers/Inter
Five Easy Ways to Spam Prevention - http://www4.zdnet.com/anchordesk/story/story_1180
Sugarplum - (Generates fake eMail addresses for harvesters) http://www.devin.com/sugarplum/
Sneakemail - (Disposable eMail addresses) http://sneakemail.com
Emailias - (Disposable eMail addresses) http://www.emailalias.com
Credit to: Chris Hardie of chris@[X]sault.com insert 'summer' at [X] and everyone that is
an active member of the anti-spam groups around the world.
Re:This "LAW" is ONLY for financial spam (Score:2)
What slashdot fails to mention is that the law is ONLY for spam which is selling financial services.
Nope - there were two laws. One for financial services, which was dealt with a couple of weeks back, and one more general one that was passed in the past 24 hours