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Microsoft Government Spam The Courts Your Rights Online News

Microsoft Fights to Weaken Washington Anti-Spam Law 363

An anonymous reader writes "According to the Seattle Times, Microsoft (probably their MSN arm) is pushing for a change in at least Washington's anti-spam law. Some analysts claim that the changes contain holes that will allow Microsoft to be exempt from the law." Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.
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Microsoft Fights to Weaken Washington Anti-Spam Law

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  • Odd? (Score:4, Interesting)

    by Anonymous Coward on Tuesday February 25, 2003 @08:55PM (#5383777)
    Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    No, it's not. Laws that apply to everyone but you are very handy.
    • by SHEENmaster ( 581283 ) <travis AT utk DOT edu> on Tuesday February 25, 2003 @09:00PM (#5383799) Homepage Journal
      laws that just apply to me. Such as the proposed Travis-Goodspeed-is-excempt-from-the-DMCA-and-EULA s Act of 2003.
      • I'm looking forward to getting myself exempt from that pesky conservation of energy law...
        • Re:I'd rather have (Score:5, Interesting)

          by packeteer ( 566398 ) <packeteer@su[ ]m ... m ['bdi' in gap]> on Tuesday February 25, 2003 @10:22PM (#5384162)
          The problem for MS is that they are more than "pesky". On the one hand they waste huge amounts of bandwidth on spam with hotmail. They recieve a huge number of spam becuase of their huge number of users. On the other hand they make money selling addresses and spamming on their own.

          To them it's very simple. If they get their way they can make more money while cutting costs. Its what any business should do in America right? Personally i take this as evidence that our system is flawed. I am not going to bitch and complain about our system and exploitation but i do believe we should fight companies that try this, keep them in check.
          • eh comrades, eh? (Score:4, Insightful)

            by SHEENmaster ( 581283 ) <travis AT utk DOT edu> on Tuesday February 25, 2003 @10:47PM (#5384253) Homepage Journal
            You bring up the very good point that our system is flawed in that businesses, rather than people control the government.

            It is also important to remember that the opposite extremes (socialism and communism) suck in that the community exploits the individual. Corporations, despite their wanton disregard for human rights are still bound by the laws of profit. We need to start taking advantage of this.

            For example, start a petition for network admins that would allow Office attachements if, and only if, the spec was publicly released. If enough of us, the ones that control mail servers, do this it could force M$ into releasing the spec to save Office's viability.

            Winshit boycotts would not work. We are not the sort of people who buy winshit, we are either boycotting it for ethical reasons of using a warez copy.

            The Warez industry has been decimated by the OSS movement. Who would want to hurt a good ol' honest business like that!?
            • by Anonymous Coward
              For example, start a petition for network admins that would allow Office attachements if, and only if, the spec was publicly released. If enough of us, the ones that control mail servers, do this it could force M$ into releasing the spec to save Office's viability.

              Alas, while many of us may control mail servers, far fewer of us have the right to keep control over those servers. Microsoft know that, so when it comes time to fight the 'Office Document Boycott', it won't be the admins they go to with their FUD, but the people with money who know nothing, but technically control the machine.

              On top of that, there's a good chance MS wouldn't have to do anything. If I work at company A, and my CEO says "Company B's CEO keeps sending me this email, but I never receive it", he's not going to be impressed while you spout off about freedom of information, or whatever. He's going to tell you to stop fucking around with his equipment, or set you on the road to a new job.

              Don't get me wrong, I'm more or less on your side... I needed Word .DOC specs recently, and I'm now much better educated on exactly how much info MS shares.

              IMO, the goal shouldn't be enforced 'opening' of the existing specs, but a requirement that specs are not made needlessly complex! DOC is a fucking nightmare, and all so maybe 0.004% of the population can embed links to WAV files or whatever. It would be incredibly easy to make Office documents XML based, and a lot more simple to read and write than they are now.
    • from Bill Gates as the Borg, to Bill Gates as Judge Dredd...

      "I don't break the law... I am the law!!"

      Erm... on second thought, scratch that... might be too close to the truth to be funny.

      • Time to change the icon from Bill Gates as the Borg, to Bill Gates as Judge Dredd...

        I'm curious.. has a lawyer from microsoft, or a lawyer for Bill, ever complained about that icon mis-representing his client as a ruthless, un-caring, threat to humanity?

        Ya, I thought not... no evidence to back up the claim he's not any of the above... :P

        Bad humor on a Tuesday... what can I say?
        • I'm surprised a lawyer representing the Borg hasn't complained about that icon misrepresenting the Borg as being as evil as Bill.

          Honestly, if the Borg ships ran on Windows, they wouldn't have stood a chance in battle, much less get out of their own solar system without breaking down.
      • might be too close to the truth to be funny.

        And Bill Gates as borg--Mr. "You Will Be Assimilated"--is any further from the truth?
    • Re:Odd? (Score:4, Insightful)

      by knobmaker ( 523595 ) on Tuesday February 25, 2003 @09:25PM (#5383942) Homepage Journal
      Laws that apply to everyone but you are very handy.

      Exactly. I just can't help pointing out that in a discussion a couple weeks back, the absolutists among us felt that the whole spam problem could be solved by simply shoving a bill through Congress.

      When folks like me said that it wasn't going to be quite that simple, we were met with scorn. I actually said that any national antispam measure would, by the time it became law, be riddled with exceptions, made for the benefit of powerful corporations like MS.

      Am I a prophet or what?

      • Re:Odd? (Score:4, Funny)

        by evilviper ( 135110 ) on Tuesday February 25, 2003 @10:45PM (#5384247) Journal
        1. Point out limitations of government
        2. ???
        3. Prophet!

        Point out any government limitations and you are bound to be proven right.
      • Re:Odd? (Score:3, Insightful)

        by kiolbasa ( 122675 )

        If the only spam on the internet came from a Microsoft IP address, it would make a spam block list really easy to maintain. The DMA, MS, or any other corp. can push all the spam legislation they want, but it will not change the fact that people hate spam.

        You're absolutely right about them trying to push laws with exceptions just for them. My theory is that they think if they can get rid of all the pr0n, herbal v1a6ra, pen1s enlarger, mortgage spam, it will give them enough control to try and legitimize email marketing. I'm not so optimistic. There would have to be a lengthy moratorium on all email marketing before it could ever be considered socially acceptable. Even then, many would still hate it, myself included.

        And if that spam legislation includes anything forbidding spam block lists or filters, that's the day I stop using email.

    • Re:Odd? (Score:5, Interesting)

      by WindBourne ( 631190 ) on Tuesday February 25, 2003 @09:41PM (#5384013) Journal
      In fact, MS is one of the bigger sellers of your address. And many of them are not just on their sites. They want to look like the good guys by appearing to crack down, but at the same time, they need to make a buck.
      Oh, BTW, MS is not the only one. Yahoo is another huge seller of addresses. In fact, they may be bigger, but I am not sure. I wish congress would have done more to address the texas-style accounting and had all corps show more of where their income comes from.
    • Re:Odd? (Score:5, Interesting)

      Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

      I had to deal with a company that gave up trying to block spammers from hacking into their (windows) servers for spam-routers. All I could do was watch as, over a period of months, just about everybody seemed to block emails from their IP address. Hotmail was one of the few exceptions -- certainly it was the only name I recognized.

      I never could figure out why HotMail never banned them.

  • wise man once say, (Score:5, Insightful)

    by JeffSh ( 71237 ) <jeffslashdot.m0m0@org> on Tuesday February 25, 2003 @08:57PM (#5383783)
    Do as I say, not as I do.
  • odd? (Score:5, Interesting)

    by Cyberllama ( 113628 ) on Tuesday February 25, 2003 @08:57PM (#5383784)
    Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    That's not odd at all. That's just how microsoft works. They want to protect their monopoly, and perhaps extend it to new products (Microsoft Brand Penis enlargers anyone?).

    Microsoft has never played by the rules before, I don't know why anyone would think they'd start doing it now. . .
    • Re:odd? (Score:5, Funny)

      by handsomepete ( 561396 ) on Tuesday February 25, 2003 @09:00PM (#5383802) Journal
      "Microsoft Brand Penis enlargers anyone?"

      Ah, this time the bloat would be a good thing.
    • Re:odd? (Score:5, Funny)

      by Anonymous Coward on Tuesday February 25, 2003 @09:01PM (#5383810)
      Microsoft Brand Penis enlargers

      Perhaps not the best brand name for that type of product.
    • Re:odd? (Score:4, Funny)

      by GnuPengwyn ( 629868 ) on Tuesday February 25, 2003 @09:20PM (#5383915) Homepage
      Is your Penis MicroSoft?
    • I do NOT want a mis'feature' that ends up sticking my shlong to the top of a tube or something
    • Re:odd? (Score:5, Insightful)

      by Zeinfeld ( 263942 ) on Tuesday February 25, 2003 @09:24PM (#5383939) Homepage
      Try dealling with K stret lobbyists, they have a habbit of persuing their own agendas rather than ther corporations real interests...

      Getting a spam law written that will past first ammendment scruitiny is not that easy. The biggest problem is the requirement that any measure be as narrow as possible. The junk fax law has been found uconstitutional in one court on that basis, the judge in question is an oppinionated ass but it is quite likely that the courts will ultimately decide that banning all adverts was unnecessarily broad.

      Anti spam legislation is not entirely useless but is not going to be a panacea. I believe it will significantly slow the growth of spam and increase spam sender costs. It will allow them less time to respond to the technical measures in development. But equally we must be very careful that legitiate bulk senders don't get hammered with bogus claims.

    • Re:odd? (Score:5, Funny)

      by tcc ( 140386 ) on Tuesday February 25, 2003 @10:06PM (#5384111) Homepage Journal
      "Microsoft Brand Penis enlargers anyone?"

      Why do I have that sadistic image of the device crashing and little Johnny turning blue? :)

      Anyways, Microsoft doesn't need to sell any penis enlargers; they've got everyone by the balls already...

  • Odd? (Score:5, Funny)

    by Quasar1999 ( 520073 ) on Tuesday February 25, 2003 @08:58PM (#5383789) Journal
    I don't think it's odd that microsoft is fighting spam, and at the same time sending it... come on... think about it...

    1. We advertise MSN/Hotmail as anti-spam...
    2. We spam the living snot out of every other ISP on the planet
    3. We put neat little check boxes on our web based email pages that say "ULTIMATE ANTI_SPAM FILTER" and the like
    4. Everyone switches to MSN/Hotmail
    5. Profit.

    So you see Microsoft has it all planned out...

    QED... :P
  • by gpinzone ( 531794 ) on Tuesday February 25, 2003 @08:58PM (#5383790) Homepage Journal
    Who do they think they are? Congressmen?! No loophole for you!
    • Re:How dare they! (Score:5, Insightful)

      by digidave ( 259925 ) on Tuesday February 25, 2003 @09:38PM (#5383998)
      Laws are written by industry groups as often as not, then they pay a congressman to introduce it. Bill from techfocus.org [techfocus.org] explained it all to me a while ago (I'm Canadian... not too much knowledge of US politics). The whole thing made me kind of sick. So much for "For the people, by the people." More like "For the corporation, by the corporation."
  • Why? (Score:5, Insightful)

    by sean23007 ( 143364 ) on Tuesday February 25, 2003 @08:58PM (#5383791) Homepage Journal
    Does Microsoft send out a lot of spam? I haven't gotten much MS spam, and you'd think that having an insurmountable monopoly would preclude the necessity for spamming. I mean, where can they go from the top? That's right, down. And that's where angering their customers with spam could take them.
    • by $$$$$exyGal ( 638164 ) on Tuesday February 25, 2003 @09:08PM (#5383846) Homepage Journal
      Taken from snopes.com ;-):
      Hello everybody, My name is Bill Gates. I have just written up an e-mail tracing program that traces everyone to whom this message is forwarded to. I am experimenting with this and I need your help. Forward this to everyone you know and if it reaches 1000 people everyone on the list will receive $1000 at my expense. Enjoy.


      Your friend,
      Bill Gates

      sex [slashdot.org]

    • Re:Why? (Score:3, Interesting)

      by Quasar1999 ( 520073 )
      Hey, MS does send out a lot of DirectX crap to beta testers, past and present... so Although I tested DirectX 7, that doesn't mean I care about DirectX 9...

      Even though technically, I did sign up on their list way back when, this might end up being catagorized as SPAM, and as such, Microsoft may end up with one hell of a penalty... I'm of the opinion, that they are simply trying to cover their asses, since it's rather easy to claim what they sent is spam from one of the "I hate Microsoft" zealots, and real difficult for Microsoft to provide hard evidence that says, "Here, you opted in to be on your mailing list back in 1998"... See the potential problem to be screwed over by ANTI-MICROSOFT activists? It's not a plot to give Microsoft control over bulk unsolicited email distribution, it's just some lawyers and accountants going... HOLY CRAP! We need damage control, and we need it NOW! :P

      Of course, that's just my opinion, and I've been wrong before... ;)
    • maybe they just don't want government involvement

      which judging from ashcrofts recent naziesque "raid" of $10 mil worth of "drug paraphenalia (sp?)" by shutting down 55 online headshops

      is probably a good thing (funny how that story didn't make /.)

    • Re:Why? (Score:5, Insightful)

      by Anonvmous Coward ( 589068 ) on Tuesday February 25, 2003 @09:17PM (#5383897)
      "Does Microsoft send out a lot of spam?"

      I think it has more do with MS wanting to send e-mails to Windows users about security updates, without people finding creative ways of suing them over it.

      I doubt that my suggestion will go very far here because everybody knows MS's real intent is to be the primary service provider to people who want to work from home or desire longer penises.
      • Actually, I think MS does want to be the primary service provider for everybody that wants to work from home.
      • They don't want to get sued? Simple: when you give them your e-mail they should also obtain your consention (in form of a check box saying "Yeah I want the bloddy e-mail") to receiveing security updates or whatever else you want them to mail you. I doubt this has anything to do with security updates (they don't mail these anyway - they try to hush it up).
    • I believe that the law in Washington not only prohibits the sending f spam to residents of Washington State, but also prohibits companies in Washington State from sending it.

      It's the only reason that we DON'T have M$/MSN/Hotmail brand penis and breast enlargements out there. Obviously there is a huge market for this kind of stuff and M$ wants to leverage their market position, file patents, and send out hordes of attack lawyers to consolidate their IP and marketshare.

    • It means MS can sell the right to spam the users to spam. Much the same way of making a profit as MSN.
    • Re:Why? (Score:4, Insightful)

      by MrLint ( 519792 ) on Tuesday February 25, 2003 @09:31PM (#5383965) Journal
      Well I disagree with the strategy of MS. However, there is one thing that we need to look it. ISPs don't want to be liable for huge damages for their users use/abuse/hijacking (sending spam). This is a valid concern if you get a customer that gets on your network and your staff is to small to deal with it the second it happens (this really cant be a concern of MSN).

      Of course this comes down to the basics of economics (guns, booze, cars, etc) is a company responsible for the actions of it's customers? Does a company become liable if they don't shut down a users that violates the law or TOS in a timely manner? What is a timely manner? when does it become corporate negligence? How much investigation needs to be done before you shut someone off? How do you avoid mistakes?

      I think this lobbying monies would be better spend to address these legal issues instead of removing tools from 'victims'
      • ... So you are saying that it should be OK for small companies to dump toxic waste into others back yards and poison their wells because they don't have the staff to dispose of the toxic waste in accordance with the law?

        ISP's MUST be held to SOME sort of liability. As it stands today, if a spammer has a T1 and starts pumping the spam, it can take weeks or months for ISP's to turn them off, or even result in no action at all from the spammers ISP - "hey, they are a paying customer, I don't give a shit".

  • Hotmail stops spam? (Score:2, Informative)

    by Repvblic ( 4658 )
    I don't think I've heard anything funnier. Unless I set my filter to the most restrictive, blocking everyone unless they're in my address book, I get 20-30 pieces of spam a day. I'd dump the account except for the fact that my family seems unable to remember my current address.
  • Vile Spam (Score:4, Funny)

    by $$$$$exyGal ( 638164 ) on Tuesday February 25, 2003 @08:59PM (#5383797) Homepage Journal
    "How about the enlarge-your-penis club or the porno buying club?" asked Sheldon Koehler, owner of Ten Forward Communications, a small provider in Port Angeles. Koehler said he spends much of his time protecting his customers -- and his young son -- from unsavory e-mail. "I have the privilege of looking at some of the most vile e-mail on the planet"

    I'm sure his spam is pretty bad... bu the most vile on the planet? I doubt it. I bet that cmdrtaco@slashdot.org gets the vilest (sp?) spam on Earth.

    --sex [slashdot.org]

    • ---I'm sure his spam is pretty bad... bu the most vile on the planet? I doubt it. I bet that cmdrtaco@slashdot.org gets the vilest (sp?) spam on Earth.

      If he didnt, HE DOES NOW.
  • Where is the logic? (Score:3, Interesting)

    by MBCook ( 132727 ) <foobarsoft@foobarsoft.com> on Tuesday February 25, 2003 @09:01PM (#5383806) Homepage
    Can someone explain the logic in allowing spam? Spammers cost MS money, so why would they want them? Spammers:
    • Use up hotmails/MSNs bandwidth and CPU power
    • Sign up for accounts and don't ever look at the ads (because it's done by scripts, I'd assume)
    • Annoy the hell out of everyone signed up for MSN and any other service

    Does MS activly court spammers? Does MS actually SELL it's OWN SUBSCRIBER LISTS to spammers? This doesn't make any sense to me, unless MS will soon start spamming everyone on the planet to buy XP, Office 2k3, and all 12 million unsold copies of MS Bob. On the plus side, that would make MS more hated by the general public ;)

    • by nfras ( 313241 ) on Tuesday February 25, 2003 @09:13PM (#5383871)
      The logic is pretty simple. Microsoft want to stop other people spamming Hotmail subscribers. It costs them money in bandwidth, storage etc. Microsoft like to send their customer base "email updates and special offers". As the vast majority of computer users use some MS product (be it Hotmail, Windows, Office etc) that gives them a very large number of people to send email to. At the moment, if you use Hotmail you will get a monthly email from Hotmail which will mention some commercial services available and some of their sponsors. If they are unable to do this they will lose the revenue from people who pay to have their products/services included in this type of email. While not unsolicited it is (in most cases) unwanted.
      Microsoft want to be able to reduce their costs from being spammed but still want to benefit from eing able to send bulk email to their subscriber base.
  • It appears that the article states that exemptions should apply to all ISPs.

    ...But it would also carve out a broad exemption in the law for mail sent by companies the recipient has done business with, and completely exempt Internet service providers -- including Microsoft.

    What does this mean? Well, hotmail will still be a cesspool of forged/autogen'd spams (as will AOL, etc), since the ISPs cannot be held liable. What interests me is that the other ISPs weren't mentioned.

    Ultimately, there is the annoying problem of your service provider issuing you spam and selling your personal information... but that seems like another can of worms.

  • Just like them.... (Score:3, Insightful)

    by shr3k ( 451065 ) on Tuesday February 25, 2003 @09:01PM (#5383808) Homepage
    Just like Microsoft to do this. On one hand, they want to fight spam. On the other hand, if they aren't successful fighting it (or at least somewhat effective), then they don't want to be responsible for the consequences.

    Just like anyone who charges $$$ for software, but ducks responsibility when it has flaws, risks, and other defects. This activity only helps their cause by letting them cover their asses if they can't do it.
  • Odd? Ha! (Score:3, Interesting)

    by grub ( 11606 ) <slashdot@grub.net> on Tuesday February 25, 2003 @09:02PM (#5383815) Homepage Journal

    Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    Odd? Hardly. Microsoft feels it is above the standard of most Good Corporate Citizens because they have a monopoly. Remember when MS' updater said no info would be sent back to MS? Well just have a look at what XP is sending back to MS [tecchannel.de] for an example of their power-crazed mindset.
    • Re:Odd? Ha! (Score:2, Insightful)

      by abirdman ( 557790 )
      Who modded this interesting? This is a shill to sell the information that is so tantalizingly described in the first three pages of the linked website. Then they tell you you've got to pay (and the pay page is in German!). Other than that, there's no content besides that satisfying MS dyspepsia that is so well received here. Go ahead and read the parent post again. See? Nothing there!

      This (parent) post is SPAM and nothing more! I hope I get to meta-mod this! Moderators... please read the articles, read the posts, and READ THE LINKS! (well, unless the link is to that horrid goatsx site!)
  • some interesting spam with full screen ads for XP home edition and numerous 'informational' mailings from Microsoft concerning various products.

    None of which I have asked for.

    The XP ones were interesting because they did not appear to come from Microsoft and they had no call to action such as an 800 number or website.

    Maybe these are related?

    Wierd.

  • No holes here (Score:4, Insightful)

    by Felonius Thunk ( 168604 ) on Tuesday February 25, 2003 @09:03PM (#5383819) Journal
    But it would also carve out a broad exemption in the law for mail sent by companies the recipient has done business with, and completely exempt Internet service providers -- including Microsoft. Yeah, that's not a hole. How hard would it be for a spammer to start a side business of being an isp to get around this? And since Microsoft only "done business" with practically everyone who's ever bought or used a computer (I'm sure someone out there is weaning their kids on *nix, but the rest of us...), that means free spam all day every day from our "partner".
    • One can only hope that the bill reads such that an ISP can spam its customers, not that being an ISP gives you a wide-open license to spam anybody.

      Then again, perhaps that makes too much sense!

  • Spam is ineffective. (Score:4, Interesting)

    by gpinzone ( 531794 ) on Tuesday February 25, 2003 @09:05PM (#5383835) Homepage Journal
    Why the heck are so many groups trying so hard to preserve a form of advertising that no one pays attention to?

    I swear, if the Internet didn't boom so quickly, banner ads might still have been looked upon as a viable outlet for advertising. I mean really, what makes banner ads so much worse than radio ads? I ignore radio and TV ads just as easily by changing the channel. The only advertising worth a damn was the small posters on the railroad. I'll be damnned if each and every one of those ads weren't burned into my memory from staring at them during my hour commute each way, 5 days a week.
    • I'm not sure where you are from, but in New York City, a large percentage (~30) of ads on the _public_ subway are for liquor and beer. How are government agencies conscientiously going to go after cigarette companies for advertising to youths, when they are selling publicly owned space used by children to liquor manufacturers?

      Pure hypocrisy.

      LS
    • by Palos ( 527071 )
      Advertising does work, or it wouldn't be such a huge market. Even if you don't actively pay attention to the ads on the radio or tv a lot of times you'll still pick a bit from it. Ever hum the song from some stupid ad? Also it gets the company/product name out which helps a lot. I think I read that if email spam gets a return of .025% it's considered successful. Working with such small success ratios to be considered effective if you personally never click on an ad it doesn't really change its effectiveness :)
    • Why the heck are so many groups trying so hard to preserve a form of advertising that no one pays attention to?

      I don't know... Maybe they think TV commercials are worth it.

      what makes banner ads so much worse than radio ads?

      Simple, the radio doesn't say, "you have 5 seconds to click this button and buy what we tell you to buy".

      What the internet gave people is the truth. They can now see that an ad does not inspire people to instantly want to buy what they have to offer.

      If you see a banner ad for Penguin Computing, odds are that you wont click on it. Then, a month later when your company is making purchasing decisions, you might recomend Penguin, and in turn their $15 ad just earned them thousands. The problem is that you didn't click on the ad, so the money that ad earned them doesn't show up in a database, and the ad is considered to be worthless.

      What I would like to see is more ads from companies smart enough to know what "brand recognition" means, such as Coke, etc. They could make a non-annoying, non-animated banner than says "Drink Coke", and even though few would click it, it would gradually show an increase in sales.

      It's the fault of the websites as well. Slashdot should go to the sponsors and tell them, "There are XYZ unique visitors everyday, and we want this ammount to stick your banner up there for 2 days. If people don't click through, tough."
  • I'm not sure how the Hotmail and MSN arms of MS are organized but I'd say they are different arms that aren't communicating with each other, one pro spam the other anti spam.

    afai remember Hotmail is based out of CA, and I'm not sure where MSN is.
  • Why is that odd? (Score:3, Insightful)

    by djupedal ( 584558 ) on Tuesday February 25, 2003 @09:08PM (#5383843)
    MS sells hotmail info to marketers. That means MS profits by selling my email address to spammers. If spammers are constrained, so is a prime MS revenue channel.

    How is that kind of obvious scheme odd, except in that it is allowed to exist in the first place...

    Remember, investing in MS is risking having your own money used against you in the marketplace.
  • If Microsoft is allowed to rail-road this legislation through, what does that mean for the the integrity of consumer rights? A company that was sued by the government should not have a hold over it.
    Just because someone has done business with a company doesn't mean that they want gobs of mail that they didn't ask for. Transactions don't entitle a company to move into a person's life.
  • Say it with me. (Score:3, Insightful)

    by Ho-Lee-Cow! ( 173978 ) on Tuesday February 25, 2003 @09:08PM (#5383847)
    Commercial speech is not protected by the First Amendment. Thus, we need not think spam laws are bad, ever.

    Now, say it to the reps in Washington State before they let Microsoft out of the cage to devour all of us.

    Anyone got the emails for these people?
  • Microsoft is .. trying to stop spam sent to Hotmail users

    Mod parent +5 funny.
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  • Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    Microsoft doesn't want fully effective anti-spam laws. If they successfully sue spammers attacking them, and make hotmail fairly spam free, with a law where only Microsoft big enough to do something about it, then they have a monopoly on anti-spam email.
  • by TedTschopp ( 244839 ) on Tuesday February 25, 2003 @09:18PM (#5383902) Homepage
    My guess is that they don't even know that they are fighting aginst themselves. That would be typicial of a large organization.

    Ted
  • by Anonymous Coward
    Anyone ever noticed that Microsoft is the exact opposite of big and hard?
  • I could be totally mistaken, but I think bcentral is one of their major spamming arms. As I understand it (not totally sure), you can't unsubscribe from their master list, only from the individual vendors they send spam for.
    Correct me if I'm wrong. I tried to find the truth but got lost in the process.
  • uh (Score:2, Funny)

    by Zurd3 ( 574979 )
    There's spam on MSN/Hotmail ? Just what are you talking about? I'll show you, just lemme open my old account... ...omg
  • by autopr0n ( 534291 ) on Tuesday February 25, 2003 @09:21PM (#5383922) Homepage Journal
    is the reduction from $500 to $10. For $500, it's actually worth it to try to track the spammers down and sue his ass. But no one is going to go through that much trouble for just $10, unless their time is completely worthless.

    Not to mention the whole "previous business relationship" is total BS. Companies swap email address lists and call each other 'partners'. It's a bunch of crap. I think they ought to rase the fee to $5000. Make it worth someone's time to sue.
  • When criminal pays police to look the other way while they commit a crime. Only here, the criminal is Microsoft and their pricey lawyers who are oogling the boys in Washington. This IS news, something new because I don't want this country to be like half the others that allow corrupt governors, policemen, ETC.
  • Reasonable (Score:5, Insightful)

    by bluelan ( 534976 ) on Tuesday February 25, 2003 @09:29PM (#5383954)
    The original wording of the bill required all companies to put a ADV: tag on unsolicited e-mail. Microsoft is lobbying to exempt ISPs and companies with which the person has done business. It'd be pretty cool to discuss the reasonableness of the changes, instead of jumping up and down going "ook, Microsoft sucks".

    Here's my take:

    The "done business" change is iffy. The justification is probably that it allows a company who sold a defective product to contact their customers with information on a security patch, or whatever. I can see how Microsoft would feel that such communications would be absolutely necessary for their business.

    However, it also allows every FlyByNight company I ever ordered RAM from to send me spam without repercussions.

    I don't like the broad opening, but I think some exemption should be allowed for messages that concern failings in a product that I've already purchased.

    The ISP change is less iffy. I don't get much spam directly from ISPs. All it needs is a clause that specifies that the ISP can only send messages that directly concern the details of their customer's current account. So, sending a warning about a violation of the terms of use should be fine. Advertisements about additional services such as domain name registration should contain the ADV: tag.

    So, that's my opinion. The changes Microsoft is lobbying for are bad, but they could be motivated by reasonable goals. I hope Washington State lawmakers can find a way to address the goals without providing such gaping holes in the spam laws.

    • I think some exemption should be allowed for messages that concern failings in a product that I've already purchased.

      No exemption needed, that isn't an advertizement.

      All it needs is a clause that specifies that the ISP can only send messages that directly concern the details of their customer's current account.

      Again, no execption needed. Tat isn't an advertizement either.

      I'll admit I haven't studied the text of the law or the text of the proposed change, but as far as I can tell Microsoft's proposed changes are purely self-serving crap.

      -
      • Re:Reasonable (Score:2, Insightful)

        by bluelan ( 534976 )
        No exemption needed, that isn't an advertizement.

        No, but it's unsolicited communication. The bill addresses unsolicited communication, not advertisements. The same applies to the second point as well.

  • by GnuPengwyn ( 629868 ) on Tuesday February 25, 2003 @09:29PM (#5383958) Homepage
    Microsoft applies for spam patent.
  • by raehl ( 609729 ) <raehl311@yBALDWINahoo.com minus author> on Tuesday February 25, 2003 @09:32PM (#5383972) Homepage
    1) Establish business relationship with all customers.
    2) Spam all customers.
    3) ???
    4) Profit!
  • I find the comercials for MSN and AOL to be really amusing. In an MSN comercial you see that butterfly idiot in front of a humongous line of spammers. Why do you have so many spammers in the first place? For one of the e-mails, he looks at the user for confirmation? Well, that's irritating. What kind of spam filter is it if it asks you whether it is spam. MSN should filter it and then you should check everything at once. In another commercial, they trumpet their exciting e-mails, now with PICTURES!

    Then you have AOL, who advertises their ability to SORT e-mails, wow! That must be a great feature, I hope AOL hasn't patented it yet, so that my ISP (or rather my mail program) may one day implement it.

    I'm fixating on small details, but it shows you the perspective of these companies. They think their users are total idiots (which they may well be, but at least patronize them a little).
  • Now I only have to put "@microsoft.com" in my spam filter!
  • MSN is certainly one of the most annoying websites (including MSNBC) I have ever visited. And while annoying, reopening popups and the unwanted invitations to gambling online or renting DVDs are not the same thing as spam, they are certainly in the same spirit.
  • Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    Right. About as odd as a football player who is simultaneously trying to stop the other team from scoring a touchdown, and to make sure that his team can score a touchdown without penalties.

  • ISP Exemption (Score:5, Insightful)

    by JWSmythe ( 446288 ) <jwsmythe@jwsmyth ... inus threevowels> on Tuesday February 25, 2003 @10:12PM (#5384132) Homepage Journal

    I wonder how their ISP exemption is worded. If I, as Joe Spammer, buy at T1 from a provider (say UUNet), and spam off it 24/7, but I also have one hosting customer on the line, then I am an ISP. Am I at this point exempt by their law?

    Little mis-wordings leave big loopholes. Most of the spammers that I've talked to buy fairly big lines (T3's, 100Mb/s dedicated, etc, etc), and usually have at least one box hosted with them for whatever reason. Not by design, usually as favors to friends, but they're still providing an Internet Service (ISP = Internet Service Provider).

    The company I work for, we buy huge amounts of bandwidth, and for the most part host ourselves.. Does that qualify us to send spam? We don't, and know our customers don't like it, and our provider wouldn't allow it (I've talked to our providers abuse guy several times on other issues, but I already know he's hard against), so we never will, but by that new law we should use our new-found ability.

    I wonder if the market for toner cartridges and hair growth formula are really that good.

  • by Sabalon ( 1684 ) on Tuesday February 25, 2003 @10:13PM (#5384136)
    Okay...Microsoft does a lot of business with a lot of people in a lot of ways and it would be very easy for them to get sued over something they may have accidentally signed up for, etc...

    For this I could see the "prior relationship" reasoning - much like the current telemarketting stuff.

    However, the ISP part doesn't make much sense, unless they wanna be able to send tons of junk mail to their MSN subscribers about other MS junk.

    Either way - a) how hard would it be for a spammer to forge a database showing how recipient a had clicked on a web site and signed up b) act as an ISP (yeah...we have 2 subscribers, but we're an ISP) and spam away.

    Then again, I'm one of those old folk who remember the Internet before business took hold :)
  • Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    I've encountered the same situation with Earthlink. Because I use a DDNS service (whyi.org), because they cannot do a reverse lookup (the reverse zone belongs to my ISP), they bounce my messages as spam. At the same time, I was getting voluminous amounts of spam from their users.

    However, trying to steer the lawmaking apparatus, no doubt with bribe^H^H^H^H charitable donations to our elected officials is very very low...

  • BillBlocker! (Score:5, Informative)

    by KC7GR ( 473279 ) on Tuesday February 25, 2003 @10:31PM (#5384192) Homepage Journal
    I've been spammed many times from MSN, and from other spammers hiding out in the Redmond Empire's IP range. I've had their entire set of IP ranges in our mail server's 'Deny' list for nearly two years. No regrets whatsoever.

    For those who want to do similarly, and who run their own mail servers, let me save you a little research.

    If you run qmail or a similar package with rblsmtpd, make the following entry in the /etc/tcp.smtp file, and recompile it.

    207.46.:allow,RBLSMTPD="Microsoft: Access denied." (Or whatever text you want in there).

    There are other domains. You may want to add:

    207.68.128-207.:allow,RBLSMTPD=(Text as above).
    65.52-55.:
    213.199.144-159.:

    For those using postfix, simply add these to your client_check and sender_check lists, and recompile with postmap.

    microsoft.com 554 Go away, Bill. (or whatever you want to say).
    msft.net 554 (whatever you want to say)
    msn.com (if desired)

  • by TygerFish ( 176957 ) on Tuesday February 25, 2003 @11:03PM (#5384332)
    Looked at one way, Microsoft is only trying to limit their legal liability for something that they are too lazy, too uninterested, or too incompetent to stop on their own.

    It's a matter of control without responsibility. The measures that the article mentions are as draconian as spam is loathsome. The measure provides a penalty of a thousand dollars per message sent and it is bound to bankrupt anyone caught doing it; essentially providing the equivalent of a class-suit in a can.

    This is a very effective measure against spam as written, but even a penalty as severe as the one mentioned would be only an inconvenience to Microsoft which would be made to pay for their taste for expansion with real risks under a law that provided effective penalties against spam.

    Once more, the topic is control without responsibility and there is nothing surprising about Microsoft, a company that writes Petri dishes into its software and doesn't take them out after years of exploits, wanting special exemptions for the next time they are fooled, hacked, or get a wild-hair that makes them do what back-alley creeps resort to.

  • by Quantum Skyline ( 600872 ) on Tuesday February 25, 2003 @11:24PM (#5384411)
    Odd that Microsoft is simultaneously trying to stop spam sent to Hotmail users, and to make sure that it can send unsolicited commercial email without penalties.

    Microsoft does an ok job at Hotmail, but there is one thing that it misses - itself.

    My mail is set to exclusive on Hotmail, meaning if you are not on my safe list, your mail gets dumped into my Junk Mail folder. Seven day old messages get erased from Junk Mail permanently. This applies to all emailers, except Microsoft, whose 75KB Hotmail ads trying to promote paying for more services show up in my Inbox, not Junk Mail. I have to manually delete these.

    Two things I want changed at Hotmail:
    1. Microsoft better learn how to filter itself. Properly.
    2. Junk Mail should not contribute to my space usage on Hotmail. If I get a lot of spam, Hotmail sends me a message saying to erase it, flooding it further. God forbid I fet another ad. When you have 2MB of space, and Junk Mail counts towards it, 50KB hurts. It wouldn't hurt to make the initial page after logging in say in big red letters "Erase some mail, dammit!"

    Quantum Skyline
  • by lpontiac ( 173839 ) on Wednesday February 26, 2003 @12:07AM (#5384635)

    It seems to be a common belief that it is okay to send anything you want to anyone you have a prior business relationship with. Fuck that. If I buy stuff off someone, it does not mean that I want them to pester the hell out of me so I can buy more stuff.

  • competetion (Score:3, Interesting)

    by Cheeze ( 12756 ) on Wednesday February 26, 2003 @12:18AM (#5384680) Homepage
    sounds like microsoft is forseeing a large market in selling advertising to their customers.

    here's the senario:

    spammer wants to send mail to all hotmail or msn (or both) users. spammer gives microsoft money, and then is able to send them "legal" spam. the spam doesn't stop, microsoft just gets richer in the process, and probably pays off a few politicians.

    vote the bastards out.

  • by NigelJohnstone ( 242811 ) on Wednesday February 26, 2003 @03:36AM (#5385226)

    Scott Hazlegrove is the Microsoft lobbyist they are talking about.

    Here is Scott Hazlegrove, "environmental policy director with the Association of Washington Business" arguing against stepped penalties for river poluters, instead he wants a nice flat fee (which would favour the bigger poluters over the little ones).

    http://www.crcwater.org/fish/npfish35.html [crcwater.org]


    Here he is as a Surefoot customer:

    "I am writing to express my thanks and appreciation for the first decently fitting ski boots I have ever worn.", "I wouldn't think of buying a pair of boots anywhere else."

    http://www.surefoot.com/surefoot_-_customer_letter s.html [surefoot.com]

    Here he is at his lobbying firm (this page has disappeared from the site, but google still has it):

    The google cache link [216.239.39.100]

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