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Spam Your Rights Online

California Could Get $500/Offense Spam Law 213

Bud Higgins writes "CNN has a story about a law the California Senate passed which will allow people to sue spammers for $500 per unwanted email. This is one of the strictest anti-spam measures in the country and will set a precedent for other states to follow." This bill needs to pass the state assembly and the governor to become a law, though.
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California Could Get $500/Offense Spam Law

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  • Ahem. (Score:4, Interesting)

    by twiztidlojik ( 522383 ) <dapplemac.mac@com> on Saturday May 24, 2003 @06:43PM (#6032807) Homepage
    W00t.

    That is all.

    I really wonder how they propose to prosecute this law. I mean, wouldn't it only work in CA-CA transactions, where none of the routing table was outside of CA? Otherwise you'd have that pesky rule about not prosecuting people outside your state under state law.

    Do inform me if I'm wrong, though.
    • Re:Ahem. (Score:2, Informative)

      by betsywetsy ( 12592 )
      I caught a segment on NPR of a person claiming
      that we could indeed prosecute those outside of
      California. Something about long-arm laws and "full faith and credit" and so on... yeah, I know nothing.
    • Re:Ahem. (Score:5, Insightful)

      by minas-beede ( 561803 ) on Saturday May 24, 2003 @08:06PM (#6033098)
      You're wrong. States routinely assert "long arm" jurisdiction. Defendants try to use your defense, don't often get states supreme courts (e.g., CA's) to agree that CA laws have no force.
  • Wow (Score:5, Funny)

    by CptChipJew ( 301983 ) <michaelmillerNO@SPAMgmail.com> on Saturday May 24, 2003 @06:44PM (#6032812) Journal
    The new get-rich-quick scheme:

    1. Get a Hotmail/Yahoo account
    2. Get rich.
  • Laws are bad (Score:4, Interesting)

    by hey ( 83763 ) on Saturday May 24, 2003 @06:44PM (#6032813) Journal
    I hate spam but I'll fight for your right to send it. I don't want the government making laws about
    Internet content. Its just a bad idea. Tomorrow they might make a law against something you do.
    • by rodney dill ( 631059 ) on Saturday May 24, 2003 @06:52PM (#6032847) Journal
      Government making laws on content, which is the realm of censorship and free speech, is a whole lot different than for laws on where that content is sent, which crosses the line into rights to privacy and property ownership.

      I'll support the right to post any content you want for all to see, but to send it to anyone using their bandwidth is something different.
    • Re:Laws are bad (Score:5, Insightful)

      by Metaldsa ( 162825 ) on Saturday May 24, 2003 @06:56PM (#6032859)
      "I hate spam but I'll fight for your right to send it. I don't want the government making laws about Internet content. Its just a bad idea. Tomorrow they might make a law against something you do. "

      People will mod up anything that smells of anti-law or anti-government. Frankly I'm glad the state of Michigan has laws to stop people from using my fax paper to spam me. Or from people calling me at 2:00am with an auto-dialer.

      The government made laws for telephone and fax use and somehow I pulled through this age of the apocalypse. I think the Internet will survive the oppressiveness of the government.
    • Re:Laws are bad (Score:5, Insightful)

      by Phroggy ( 441 ) * <slashdot3@NOsPaM.phroggy.com> on Saturday May 24, 2003 @06:58PM (#6032866) Homepage
      I hate spam but I'll fight for your right to send it. I don't want the government making laws about
      Internet content. Its just a bad idea. Tomorrow they might make a law against something you do.


      Are you also against truth-in-advertising laws that make it illegal for companies to lie about their products in TV commercials? That's a restriction of speech too - of commercial speech - and laws like that are essential for a capitalistic economy to function properly.
      • Those truth in advertising laws are REALLY effective too. AOL is number 1 because it's the easiest to use (no, AOL is number 1 because it's the best at marketing), those ginsu knives really *can* cut through a solid steel block (uh huh), and OxyClean really willl get out ANY stain (um, no.)

        • Re:Laws are bad (Score:4, Informative)

          by Phroggy ( 441 ) * <slashdot3@NOsPaM.phroggy.com> on Saturday May 24, 2003 @08:14PM (#6033128) Homepage
          AOL is number 1 because it's the easiest to use (no, AOL is number 1 because it's the best at marketing),

          AOL's commercials don't say they're number 1 because their service is the easiest to use. They say: "So easy to use, no wonder it's number 1!" They are number 1 in terms of number of customers, and they're suggesting that this relates to ease of use, but not stating it as fact. If they did state it as fact, you can bet they'd have fine print at the bottom citing a source that did some kind of study or survey or something.

          those ginsu knives really *can* cut through a solid steel block (uh huh), and OxyClean really willl get out ANY stain (um, no.)

          Be careful about exactly what they do and do not state, for example "this steel block" vs. "any steel block", "almost any stain" vs. "any stain", etc. If you're still sure the claims made in their advertisements are false, buy the product, try it, and if it fails as expected, talk to a lawyer. Be careful though, because most companies won't actually make false claims - because of the laws against doing so.
        • There is a difference between lying and puffery.
    • Re:Laws are bad (Score:5, Insightful)

      by letxa2000 ( 215841 ) on Saturday May 24, 2003 @07:05PM (#6032888)
      I think you're a little confused about spam. Spam doesn't cost the spammers, it costs the ISPs and the users that have no choice but to receive it. Spammers don't have the right to send me a package postage due or to forcefully enter my house and makes a sales pitch--nor do they have the right to invade my inbox with garbage I didn't ask for and don't want. It's theft of service.

      I'm a little uncomfortable with the government passing laws specifically against spam--not because I think spamming is something to defend, I'm just worried about government getting on a roll and meddling in other Internet areas that they have no place being.

      Spam should be prosecuted under existing laws regarding theft of service and computing resources. I wouldn't mind a federal law that specifically restates that so there is no doubt and I'd like to see existing laws enforced against spammers, but I'm a little worried about government trying to regulate Internet. They have a hard enough time trying to regulate things they understand let alone things they don't.

    • by A nonymous Coward ( 7548 ) * on Saturday May 24, 2003 @07:06PM (#6032892)
      Says quite clearly UNWANTED. Content is irrelevant, sending it without prior permission is the crime.

      I can print all the leaflets I want. How about I use your envelopes and stamps (and return address) to send them out?
    • Re:Laws are bad (Score:4, Insightful)

      by miu ( 626917 ) on Saturday May 24, 2003 @07:16PM (#6032925) Homepage Journal
      I hate spam but I'll fight for your right to send it.

      Why? Spam is assault, not speach. Would I protect the right of skinheads to scream racial epithets at people? No. Would I protect those skinheads right to hold their views on white racial superiority? Yes, although their beliefs are digusting and offensive they have the right to hold them and even communicate them to others.

      So spammers can send their messages to people who are willing to receive them. No restriction on the message, just the means used to deliver it.

    • Re:Laws are bad (Score:3, Insightful)

      I hate spam as well, and don't want unecessary laws - I don't smoke and yet I voted against the law in Florida which banned smoking in restaurants - because a person can choose not to go to a restaurant with smoking. BUT its a lot different with spammers - no one gave me a choice of whether I wanted the stuff in the first place. The proposed law requires people to opt-in or choose to get the spam - its not regulating Internet content, its protecting MY rights to privacy. Its a pretty good start at fixing
    • Usually I would agree with you. But, I can support this law. Whereas most laws we rage against give power to some company, this law gives 'power to the people' as it were...where it should be.
    • Re:Laws are bad (Score:4, Interesting)

      by zutroy ( 542820 ) on Saturday May 24, 2003 @07:26PM (#6032972) Homepage
      Normally I would agree with you, but take a look at the law this was modeled on.

      It prevented people from sending you unsolicited faxes. That makes sense, right? You pay for that paper. Allowing fax spam would be disastrous...wasted money, wasted paper, and an environmental nightmare.

      Now, e-mail spam isn't exactly the same. Your hard drive space isn't as scarce of a resource, and neither is bandwidth. But the principle remains the same: someone is using your resources against your will.
      • >>Your hard drive space isn't as scarce of a resource, and neither is bandwidth.

        Define scarse.

        I have to pay for hard drive space. I pay for my bandwidth.

        You forgot to mention time. It's the most important resource of all. My time is extremely valuable.

        I shouldn't have to waste any of the three sorting through unwanted, sometimes offensive, commercial email.

        • Well, first, I said "as scarce." Your HD could probably handle more spam than a fax machine with an average amount of paper. And, honestly, I get really annoyed with people who claim that their time is incredibly valuable. It's arrogant to act like those 2-3 minutes that it takes to delete your spam are that important. I mean, sure, it's annoying, but in the grand scheme of things, it's irrelevant.
          • Re:Laws are bad (Score:5, Insightful)

            by letxa2000 ( 215841 ) on Saturday May 24, 2003 @08:32PM (#6033202)
            And, honestly, I get really annoyed with people who claim that their time is incredibly valuable. It's arrogant to act like those 2-3 minutes that it takes to delete your spam are that important. I mean, sure, it's annoying, but in the grand scheme of things, it's irrelevant.

            Hmmm... Let's say it takes just 1 second to delete 1 spam, which is not unreasonable if you actually look at the subject to determine it's not spam. Let's say the spammer sent that advertisement to 30 million email addresses, which isn't unreasonable either. So a single spam session to 30 million people, the spammer caused humanity to lose 30 million seconds. That's 8333 hours which is just shy of a year. Or let's say that we call our time worth about $5/hr--less than minimum wage. That spam session that cost the spammer a few dollars at best cost humanity $41,000.

            And that's just one spam! How many individual spams do you think are sent per day? By some estimates [gainesvillesun.com], spam will cost the American economy nearly $10 billion this year (I've also seen $8.9 billion mentioned).

            Let's look at it more personally. Last month I received 2171 spams. This month I'm on track to receive 3022. So call it 2800 per month. That's 33,600 spams per year. Again, assuming 1 second per spam that's 9 hours of my time that will be wasted on spam this year. That's one work-day, or a nice Saturday afternoon.

            Those that say "Who cares? Just click delete. How long does it really take?" are quite clueless. Spam robs time from others and it DOES add up personally, economically, and at the societal level.

            That said, I don't worry about spam much. Using some good filters and Bayesian statistics I'm seeing just a few spam per month even though I'm receiving about 3000 per month. What a relief.

            • I don't like spam either, but be reasonable about this. American Idol is a show that millions of people watched every week. They went to work and talked about it around the water cooler. The total time that humanity spent talking about American Idol probably amounted to a few thousand years. Should we sue Fox because of this? No. Get over it. 9 hours over a year isn't that much. It's annoying, yes, but it's not an issue to get that riled up about.
              • Re:Laws are bad (Score:4, Insightful)

                by Fuzzle ( 590327 ) on Saturday May 24, 2003 @10:43PM (#6033628) Homepage Journal
                But those people _chose_ to watch American Idol, as opposed to being forced to experience the spam.
              • As a measure of "reasonable", consider that the direct marketing association, previously against virtually any email marketing regulation has recently reversed course because the amount of spam has become so unreasonable that they fear "legitimate" marketing will be lost in the noise of fraud, penis enlargers, and other utter junk.

                Another simple indicator of "reasonable" is that major ISP such as AOL, Earthlink, MSN have recently gone to filtering email for spam.... something they resisted for years.

                Als

          • Re:My prediction... (Score:4, Interesting)

            by oogoliegoogolie ( 635356 ) on Saturday May 24, 2003 @09:57PM (#6033470)
            but in the grand scheme of things, it's irrelevant.

            Well if you want to carry it that far then everyones lives and accomplishments are pretty irrelevent in the grand scheme of things. Two centuries from now Bill Gates will be just a name in an encyclopedia with a three line description, as will 9/11, George Bush jr. will be just a picture amongst dozens of presidents, and you and I will be completely forgotten except for the times our great-great-great-grandkids do their family tree.

            But in the day-to-day events of my 75 years of life on this planet those 2-3 minutes per day are very relevent, important, and precious to me and I have better things to do than spend an hour a week or 50 hours a year deleting email for garbage that I did not request, would never request, and will never buy.

            The problem with spam is that it interferes with your entire day. Junk snail mail is only a once a day problem since you get your mail once a day, and you can immediately recognize the fliers from your actual mail and get rid of the crap. But most of those fliers are useful to many people because they advertise events, announce upcoming sales, and somtimes introduce you to activities that you did not know existed in your area. Imagine how annoying junk snail mail would be if each piece arrived every 50 minutes and you were interrupted from what you were doing and had to answer your door to get the junk mail.

            Spam on the other hand is getting more difficult to recognize and you often have to read the message to know it is spam. Send out a million messages with "Hi from Barbara" or "Hey dude it's John" and invaribly they will make their way to someone who is expecting an email for Barbara or John, so they think it is an NB msg but instead waste their time to open it up. If all spam occured just once a day like snail junk email it would not be so annoying, but it's something ppl have to deal with all day long.

            Also spam is always selling useless crap that 99.9% of the population never would use and takes advantage of the .1% that are gullible and have low self-esteem or self confidence and think "wow, 3 extra inches in 2 weeks will get me any woman I want", or "wow, I want to work from home so I can make $10000 a week".

          • Re:Laws are bad (Score:4, Insightful)

            by maxpublic ( 450413 ) on Sunday May 25, 2003 @12:06AM (#6033847) Homepage
            I get really annoyed with people who claim that their time is incredibly valuable

            It's *my* time. Your annoyance is irrelevant. You don't have any business wasting my time - because I say so. Don't like it? Too damn bad.

            Max
    • Re:Laws are bad (Score:5, Insightful)

      by MillionthMonkey ( 240664 ) on Saturday May 24, 2003 @07:39PM (#6033015)
      I hate spam but I'll fight for your right to send it.

      A perversion of "I disagree with what you say but I'll fight for your right to say it." Spam is commercial speech and as such is undeserving of such allegiance. This has been well established by court precedent in the USA- commercial speech does not enjoy the same First Amendment protections as noncommercial (political) speech. Even if it were political speech, the way it's delivered can matter as well. You can't run around with a can of spray paint before an election and put political graffiti all over buildings, for example.

      I don't want the government making laws about Internet content. Its just a bad idea. Tomorrow they might make a law against something you do.

      There are two conflicting memes I see a lot concerning crime, legislation, and the Internet:

      - Crimes involving the Internet are extra serious and require additional punishment and more savage sentences.
      - Anything done on the Internet should be completely legal and unrestricted no matter what.

      The first is fueled by simple post-9/11-style ignorance and fear. The second is based on an understandable fear of technically illiterate Senators introducing legislation written by corporate lobbyists. Yet in principle both are equally invalid because they fail to recognize that the Internet is a part of the real world and not some sort of alternate universe that requires a completely separate framework of crazy rules.

      Another related meme, common in industry, and illustrative of the same point:

      - Introducing the Internet into a business process renders it patentable.

      Why does the Internet have this strange effect on people? There is nothing magical about the Internet that makes our ordinary common sense suddenly inapplicable. (You need a little bit of education, more than the average lawmaker has, but that should be it.) Some people simply cannot behave themselves. There is no valid reason that the social and legal principles we've developed for dealing with criminals in the real world shouldn't also work well on the Internet- which after all is merely a part of the real world. There are technical issues involved with catching troublemakers on the Internet that have no counterpart in "real life", but real life has its own set of technical issues that don't exist on the Internet.

      If you can't behave yourself and screw things up for the general public, you should be punished. The fact that you're using TCP/IP at some point is irrelevant. It doesn't mean your activities should be branded as "cyberterrorism" deserving a doubled or tripled sentence, nor does it mean that anything goes.

    • Re:Laws are bad (Score:4, Insightful)

      by minas-beede ( 561803 ) on Saturday May 24, 2003 @08:15PM (#6033132)
      I run a honeypot. If the spammer didn't use abuse to send his email I'd never touch it.

      I touch a fair amount of spam. There is no, zero, zilch consitutional issue for that touching. Same for all the others who do the touching using honeypots - if the spammer wants to assert his consitutional right then he can send directly to the recipient. He has no constitutional right to use my equipment or anyone else's equipment in his spam scheme. The spammers who scream "constitutional right" conveniently forget to mention how they send their spam.

      Scelscon's testimony in Washington was that ISPs should be forced to deliver the spam. That's not asserting a constitutional right, that's trying to escape ISPs having the right to control their own networks.

      Just because I have an email mailbox there is not created a right for anyone who wishes to send email to that mailbox nor any right to require its delivery. The email mailbox exists for my convenience and is not the spammers nor TrustE's nor Microsoft's nor anyone else's to authorize as a spam destination. I've not granted any such right to TrustE, etc. and I will not grant such a right. "trusted sender" is hogwash, and that's a polite term in place of what it really is.

      Of course there's also a court decision that says the ISP is not obligated to accept the spam.
  • by Anonymous Coward on Saturday May 24, 2003 @06:46PM (#6032818)
    ...filter spam out of the Trash folder and into the Money-Maker folder.
    • Until this is a federal law it won't hold water.

      Since all you need is a mail server in Idaho instead of california to spam californians, good luck stopping it.

      Even a federal law wouldn't work because then all you need is a mail server in toronto (or anywhere in a foreign country).

      That is the whole point of the internet. The ability to communicate.

      If anyone really want's to stop spam all that is needed is a new protocol that is backward compatable for a time period and eventually leaves smtp out in the c
  • by trainsnpep ( 608418 ) <mikebenza@gmail . c om> on Saturday May 24, 2003 @06:47PM (#6032825)
    It's certainly a step in the right direction, but as mentioned above, how will it be enforced? Is there going to be a new part of the California government dedicated to tracking spam? I don't think so. Anyway, like I said, it's a step in the right direction...but we could say they're walking blindly...
    • As mentioned in the blurb, the consumer sues for the money, no state-tracking down involved.

      While this will put a big burden on the civil courts for a while if everyone starts suing all their spammers, I'm sure it'll settle down once it becomes clear that spamming is no longer profitable, no matter how difficult tracking the spammer down is.
  • laws and lawmakers (Score:4, Interesting)

    by DreadSpoon ( 653424 ) on Saturday May 24, 2003 @06:48PM (#6032828) Journal
    I wonder who lobbied for this. We all know politicians in general are not geeks, and don't care about stuff like this, or even understand any of it. (Again, as someone who deals with politicians day in and out.)

    $500/spam... had to be someone important who just _really_ got sick of bestiality advertisements in their inbox or something. (Which, btw, some politicians tend to throw a fit about when they recieve it with inline HTML and pictures, and do things like force you to install half-functional anti-spam software so she doesn't see horse meat anymore.)
    • by croddy ( 659025 )
      horse meat is already illegal in california [equineadvocates.com]. no kidding.

      I didn't vote for that shit. they got enough petitions to put it on the referendum ballot. everyone laughed. then it passed.

      as much as I hate spam, this law is in the same league. I don't think unsolicited email warrants a $500 civil damage. I think a $10,000 criminal fine for spammers is more appropriate.

      • $10,000 civil you mean. The government needs no compensation for spam, the damages are civil.
      • horse meat is already illegal [equineadvocates.com] in california

        Wow, I don't know if I should think of those people as hypocritical or realistic. I mean, beef burger, horse burger, whats the difference? On the other hand, opposing beef for food isn't going to get you anywhere.
      • There are criminal penalties for spam under Penal Code 502.

        The problem is without the $500/violation, you are now depending on the government to enforce the laws against the spammers. By having the civil right of action, it provides an inveptive for individuals to take action and stop these spammers.

        Look at the DOL and the EEOC when it comes to the laws that they enforce. Usually, they say that it looks like a violation, go ahead and file a lawsuit on your own, unless it is one of their hot political topi

  • I guess I should remove the ignore list from my hotmail and yahoo accounts...
  • Current law? (Score:5, Interesting)

    by Phroggy ( 441 ) * <slashdot3@NOsPaM.phroggy.com> on Saturday May 24, 2003 @06:51PM (#6032841) Homepage
    Currently, California law requires spammers to include "ADV" in the subject line of their e-mail so people will know it is an advertisement.

    How often do you actually see this? I get occasional spam with ADV in the subject line, but the vast majority of my spam does not, and I know the spammers aren't targetting me by my location (I don't live in California, but they wouldn't have a way to know that). How much difference will this new law make?

    Raising the dollar amount and making it easier to sue makes it much more attractive to go to the trouble of actually suing. Successful lawsuits make spamming much less attractive, thus cutting down on actual spam sent. This is a good thing. However, does anyone know how spam will be defined by this law if it passes? It sounds like this proposed law is simply an extension to an existing spam law; does it include a reasonable definition?

    Oh, and to the people who are about to start yammering about how 1) whitelists, 2) Bayesian filtering, or 3) a replacement for SMTP are the only solutions to the spam problem and this law is a waste of time: shut up. The war against spam needs to be fought on many fronts simultaneously, one of which is legal. If done correctly, anti-spam laws do NOT endanger free speech.
    • Re:Current law? (Score:4, Insightful)

      by AKnightCowboy ( 608632 ) on Saturday May 24, 2003 @08:17PM (#6033139)
      I get occasional spam with ADV in the subject line, but the vast majority of my spam does not, and I know the spammers aren't targetting me by my location (I don't live in California, but they wouldn't have a way to know that). How much difference will this new law make?

      Well, if there was a law that said you had to use ADV in the subject and spammers were forced to comply with such a simple rule then I certainly wouldn't have any more complaints with them. I'd just add it to my filters and live happily ever after. Afterall, the spammers use the argument that you can opt out of their mailing lists right? Why not just clearly identify that your mail is an advertisement and let the users filter it themselves? Oh right, because everyone would filter your spam and you'd be out of business. So I guess it really is a bullshit opt-out argument.

      • Firstoff, I've NEVER seen an "ADV" tag on spam.

        Second, as I said in the last spam discussion -- I wouldn't mind so much if each spammer just sent ONE copy of each offer, and if the recipient didn't respond, remove their address off that list, better yet from that entire topic category. (I don't need 40 copies a week of Herbal Viagra ads, I heard 'em the first time.)

        After a while only those people who DO respond to spam offers would be left -- a more valuable target market (ie. people who actually BUY) for
        • >Firstoff, I've NEVER seen an "ADV" tag on spam.

          That is because you, or one of your upstream providers, added a one line filter to insta-delete any email with "ADV:" in the subject. See, it works.
  • by aerojad ( 594561 ) on Saturday May 24, 2003 @06:54PM (#6032853) Homepage Journal
    I look at this as nothing more than a bill with good intentions and very little teeth. If one country is not able to force its laws over the internet (ex. DMCA sure doesn't stop illegal copies of everything to sit on servers in China), then one law saying no to spammers will basically have the same effect. You need some sort of internet standard or governing body, something that could be better equipped to handle and enforce these laws, but a central organization structure goes against the idea of the internet in the first place. You're left with the good, with some bad that will be extremely hard to get rid of, if possible at all.
  • Gee... (Score:3, Interesting)

    by ewhenn ( 647989 ) on Saturday May 24, 2003 @06:57PM (#6032862)
    If this law passes, I bet a lot of people in California are going to turn their spam filter Off. I know for a fact I would. Hit those spammers harder and line my pocket at the same time!
  • Anyone getting messages on 'company e-letterhead' that say something like "Stop sending me spam! I've added your name to 5 spam lists!" ? With their name and a link on the bottom...

    As I barely answer real emails, I'm guessing that this is the evil bastard child of spam and troll.

    Trollspam - gets you pissed by accusing you of sending email. So you open it and great! a web bug just confirmed your addy.

    Ha. Yahoo mail blocks HTML.

    I would be happy to chase those fuckers down for a ham sandwich, nevermind 5 bills.

  • Man oh, man! I can't wait!! With the amount of spam I recieve, I just may have found a get rich quick scheme that'll work.

    Screw the spammers! Weeeeeee!

    2+2=5 for extremely large values of 2
  • by mabu ( 178417 ) on Saturday May 24, 2003 @07:02PM (#6032878)
    This is not the first law that's had such a penalty and it has already proven to be a complete waste of time.

    What lawyer is going to pursue a case where the fine is $500? To even find the identity of the spammer you have to serve subpeonas and all sorts of time and money intensive processes which make such a case impractical.

    Add to that the fact that most spammers are small operators that float around from one ISP to another and are incredibly difficult to track. The amount of time to identify and take legal action against such losers makes the payoff a joke. And even if you could engage in some sort of class action suit, most of these spammers don't have any assets in the first place.

    This is a total waste of time. I applaud any effort to recognize spam as an issue that needs to be dealt with, but this old idea of small fines has been tried and has proven to be totally ineffective.

    The only true way to get rid of spam is to push not for new laws, but enforcement of existing criminal laws which spammers routinely violate, which include hijacking mail relays and third-party computer networks. The government refuses to pursue these cases and even if they nailed just a few spammers for computer break-ins, it would have ten times the effect that these spineless civil laws have in reducing spam.
    • by silentbozo ( 542534 ) on Saturday May 24, 2003 @07:39PM (#6033016) Journal
      What lawyer is going to pursue a case where the fine is $500?

      Can you say class-action? Given that a spammer may pump out thousands, if not millions of pieces of spam, I'm sure sure that there are many lawyers who would be willing to settle for a small percentage cut of the gross.

      However, lawyers really aren't the audience for this law. Spam bounty hunters and rabid anti-spammers like myself can take the tens of thousands of junk e-mails we've been saving against this day, and use those messages, as well as previous research into spammers, and the experience we've built up, tracking down the bastards, past false fronts, multiple layers of redirection, hijacked mailservers, fraudulent accounts, and nail em good.

      And even if you could engage in some sort of class action suit, most of these spammers don't have any assets in the first place

      We're already spending the time to nail these punks. Getting judgements that we can then sell to collection agencies only sweetens the feeling of satisfaction. Besides, at the very least we can claim the computer that they used to send the spam 8). Eventually, the bigger spammers (the ones with more to lose) will avoid California, and the spammers already living IN California will be forced to leave, lest they be served with a summons when they get sued.

      You're right. Existing laws aren't being enforced. So why complain when we get a law that allows end users, rather than resource-constrained prosecutors, to enforce justice against these scum?
      • What lawyer is going to pursue a case where the fine is $500?

        Can you say class-action? Given that a spammer may pump out thousands, if not millions of pieces of spam, I'm sure sure that there are many lawyers who would be willing to settle for a small percentage cut of the gross.

        It's obvious you're not a lawyer. Good luck finding a lawyer who's going to spend a ton of time and money to track down some broke looser who last week was selling Herbalife, and this week is spamming.

        Assuming you can fin

        • #1 - When I was talking class action, usually it's been my experience that the lawyers who go looking for plaintiffs, not the other way around. So I wouldn't have to pay a thing - I'd just wait until some enterprising lawyer went after Ralsky and other spam gangs. [spamhaus.org] and just sign up.

          #2 - You don't need to hire a lawyer to claim damages under a civil statute. In California, you can file small claims [ca.gov] for any amount less than $5000, which entails a minor filing fee ($22).

          Obviously a lawyer isn't going to ta
      • You're right. Existing laws aren't being enforced. So why complain when we get a law that allows end users, rather than resource-constrained prosecutors, to enforce justice against these scum?

        You need a lawyer to take action. You have to subpeona records in order to even identify who the spammer is. It's a very time consuming process. Look at the situation where the MPAA tried to get the identity of the Verizon user who was doing the P2P violations... they had to take that case to the state supreme cou
    • What lawyer is going to pursue a case where the fine is $500?

      Well, could you file yourself in small claims court? What spammer could stay in business while dealing with hundreds of small claims cases every day?
    • Why cant we sue the ones that the product is advertised for?, that way you could sue them in small claims court(isn't $500 small claims enough?) no need to bother with an attourney.

      That will surely stop the spammers, and in the case of the porn sites, they are usually the ones spamming(i would guess). If the advertizer is sued for using a spamming service(I assume you could, IANAL), then the spammers would have to come up with another source of revenue. And if the advertiser does not wanna get sued all the
  • If this passes... (Score:3, Interesting)

    by graveyhead ( 210996 ) <fletch AT fletchtronics DOT net> on Saturday May 24, 2003 @07:08PM (#6032897)
    I'll start actually using my real email address for stuff on the web (appropriately unchecking the subscription buttons). Oh yeah, and I'll turn off that Slashdot SpamGuard(tm) thingy, and maybe put my real email there. Since I am a CA resident, I'll just keep a good record of which emails I receive which are unsolicited. Since I'm a nerd, I should have no problems creating a whitelist or similar to filter stuff out. Then I've got loads of evidence for the very large class action lawsuit which is sure to follow.

    "Court awards Graveyhead $500,000,000 for 1,000,000 offensive messages received"

    Well, I can dream, can't I? Someone's gotta fund this video game I've been spending nights and weekends working on for the last two years! I gotta eat too! :P
  • by waa ( 159514 ) on Saturday May 24, 2003 @07:15PM (#6032922) Homepage
    What if I live in Ca., but the company hosting my domain/email happens to reside in another state? eg: co-located server etc?

    • by minas-beede ( 561803 ) on Saturday May 24, 2003 @08:28PM (#6033184)
      Maybe this applies:

      Ferguson v. Friendfinder, Inc., Case No. A092653

      http://www.timothywalton.com/ferguson.html

      (Thank you, Mark Ferguson, for going to the trouble of following this case through. For that matter, thanks for starting it.)
      • According to the parent's link, the law applies to email sent to CA residents with a CA ISP. If this has any effect at all, we may be seeing a bunch of colocated email servers popping up in CA.

        Note: IANAL. At first, I thought that it might be enough to have switching equipment in the state, but looking down at their reasons for the commerce clause not applying, switching equipment is not sufficient. Further, if AOL accepts mail in NY and then relays it to their CA server for delivery, as I understand i
        • Let's be frank: the real value of the law is to make it too expensive and cumbersome for spammers to operate. They want to scream that they can't tell where the recipient is located, therefore the law shouldn't apply to them. California replies (I think) that that is their problem. The law is explicit, they have to follow it - the details are the problem of the spammers. They have the choices of making all spam comform to the California statute, to aggressively seek to determine which email addresses ar
  • by heretic108 ( 454817 ) on Saturday May 24, 2003 @07:23PM (#6032953)
    ...because we're about to see a valid moral justification for lawyers in their droves getting rich!"
  • by heretic108 ( 454817 ) on Saturday May 24, 2003 @07:26PM (#6032970)
    Pose as an employee of your competitor, and hire a spamming company to promote them.
    • pose as an employee of your competitor, and hire a spamming company to promote them.

      No wait, even better-- pose as an employee of your competitor and send threatening letters to the white house... or issue fake press releases... or order 5,000 pizzas sent to thier mama's house...

      The point is, if you do spam under someone else's name, YOU'RE still the one committing the crime. It'd be no different than framing someone for any other crime, digital or otherwise. In addition to committing the spam crime, y
  • I'm surprised it's not a $500 tax per email.

  • Fine, fine... (Score:3, Informative)

    by Kjella ( 173770 ) on Saturday May 24, 2003 @08:00PM (#6033081) Homepage
    ...but the only company I ever got SPAM from that was "sue-worthy" never sent me another mail after I quoted the local (up to) 70$ fine/spam law. Normal companies, advertising from their domain (this one did), simply don't do that kind of thing, because they have a reputation to think of.

    Digging through fake headers that really came off a home DSL routed through an open relay in China won't be worth it no matter what, no matter what they set it to because you'll never collect it. And the "company" will claim they never sent it, that someone illegally spammed on their behalf. On a good-bad dimension of course stronger fines are good. But it's a cardboard fence against an avalanche.

    Kjella
    • "Digging through fake headers that really came off a home DSL routed through an open relay in China won't be worth it no matter what, no matter what they set it to because you'll never collect it. And the "company" will claim they never sent it, that someone illegally spammed on their behalf. On a good-bad dimension of course stronger fines are good. But it's a cardboard fence against an avalanch."

      You should be happy to know that my home DSL system is receiving relay spam email from Taiwan (not exactly C
    • Assuming every one of these SPAM senders is sending it on behalf of a commercial enterprise, it isn't going to be too difficult to track them down.

      Every one of the home loan vendors, pill salesmen, etc has to have a way for you to contact them in order to commence with business ... a company that doesn't give you a way to contact them in order to make a purchase is just sending emails out to piss people off?
  • by axxackall ( 579006 ) on Saturday May 24, 2003 @08:06PM (#6033100) Homepage Journal
    I agree, this law, would I live in California, would filter out two types of spam messages:
    1. they guess my address;
    2. they have screened my address from the web;
    But how about to protect me from this spam:
    • I registered to the service, but I didn't want any related spam and the warning about upcoming spam was unclear in a very small font;
    • I gave up my emaill address to one company, but they gave it up to another and so on;
    • I have subsrcibed to the mail list, but something is broken and I cannot unsubscribe anymore;
    No chance yet?
  • I would be a millionaire now.
    I hope this get this through where I live!!
    Why the heck not??!! Might as well jump on the sue-happy bandwagon, everyone else is...
    • I live in california. Problem is that most of the spam I get does not come from California. Most of it comes from asian countries. This is CA law so I cannot sue them.

      The second most amount of spam comes from out of state. So how does that work?

      Third, who pays for the lawsuit?

  • Watch out Elmo...! (Score:2, Interesting)

    by felicity ( 870 )
    I like the SpamAssassin picture. Those little rubber ninjas will be this year's hottest Christmas toy!
  • Wrong approach (Score:5, Insightful)

    by leabre ( 304234 ) on Saturday May 24, 2003 @09:12PM (#6033325)
    This may be redundant but...

    The obvious solution isn't to penalize the spammer, but the beneficiary of the spam is obvious because an email contact or a phone number or something, eventually, at some point, they have to charge your card to get your money.

    The one who benefits from the spam should be penalized since they are the one's paying for the spam and instigating it.

    Thanks,
    Leabre
    • Re:Wrong approach (Score:2, Insightful)

      by banzai75 ( 310300 )
      Thank you for bringing this up. I don't think this is actually as redundant as it may seem. I've read through many a SPAM article here, and this point seems to get overlooked. In my opinion, this is the ONLY way to fight against spammers. If the spammer and beneficiary were equally liable for sending the spam, you could go straight after the company making the money and hiring the spammers in the first place. You'll never stop spam by stopping spammers, you'll stop spam by stopping people from hiring s
  • Too broad? (Score:2, Funny)

    by wo1verin3 ( 473094 )
    >> people to sue spammers for $500 per unwanted email

    Does that mean if I get my Visa bill by e-mail I can sue? :P
  • ...I hope the law firms that file the suits, as well as the courts hearing them, actually have the technical expertise to make sure they're suing the right people. I periodically get complaints from people thinking I or one of my users sent spam, when it was clearly forged, and a friend is caught in the middle of a dispute where the "spammer" claims they only use an opt-in list and the recipient is clammering "death to the spammer or you're one of them".

    I desparately want to see spammers nailed to the wal
  • March 4, the NV state assemply voted unanimously for a bill that allows for up to $500 per offense as well. Here's a link. [reviewjournal.com] The article aslo states that the current law, which has a maximum of $10 in damages has never been enforced. If I can find out a way to capitalize on this, I'm going to send out emails to everyone telling them how to get rich.... Oh, wait.
  • the California Senate passed which will allow people to sue spammers for $500 per unwanted email

    Washington State has had this requirement for some time now... It's good that stricter spam laws are being passed, but it's not like it's setting a precedent.
  • If I had even FIVE dollars for every spam that tries to get to me, I'd never need to worry about money for food or rent ever again!

    Crap... at $500 per spam, I'd be a freakin' bajillionaire by now.

  • Good! I can retire. (Score:4, Interesting)

    by EvilStein ( 414640 ) <spam@BALDWINpbp.net minus author> on Saturday May 24, 2003 @11:12PM (#6033726)
    Check this out:

    [8:58pm] 31 [/usr/local/bin]:jezebel% sudo spam-stats
    spam: 2219
    clean: 555
    skipped: 0
    total: 2774
    processed: 2774
    [9:09pm] 32 [/usr/local/bin]:jezebel%

    Out of 2774 emails, 2219 were SPAM.
    The machine has SpamAssassin, is using several RBL lists, and pretty tight Postfix anti-UCE settings. Spam is *still* getting through.

    At $500 a message? Great. I can pay a lot of bills even if I win against 2 spammers a month.
    I don't care if they're relaying it through an open relay somewhere. Most of them are hawking a porno website, and that cashflow has to go *somewhere*

    My now unemployed ass (Fuck you, Spherion!) has *plenty* of time to chase spammers down.
    Geez, 4 payments a month, and I'm beating out my old salary.

    Sounds worth it to me.
    It should also be $500 for each message that claims I "opted in" - don't want to pay? PROVE that I opted in. SHOW ME that I opted in and you *verified* my opt-in.
    Lying ass spammers.
  • This law, and laws like it, are a waste of government time and money. State laws will only make the spammers operate from other states. Federal laws will only make the spammers operate from other countries.

    Sure, we read news stories about "Joe Schmo sues a spammer and wins", and we see supposed multi-million dollar awards to the likes of AOL and Earthlink. And it does not stem the tide of spam one damned bit. When one spammer stops, 5 more scumba^H^H^H^H^H^Hspammers rise up to take their place.

    In the
    • "This law, and laws like it, are a waste of government time and money. State laws will only make the spammers operate from other states. Federal laws will only make the spammers operate from other countries."

      In order for spam sent to Americans to be profitable (else why do it), at some point, MONEY has to change hands between an American citizen and a spamvertiser.

      And I'd bet that most spamvertisers are American, even if a lot of spam is originating overseas.

      It's not hard for an American to buy webhostin
  • Sue a spammer today! (Score:3, Informative)

    by westyvw ( 653833 ) on Sunday May 25, 2003 @03:28AM (#6034243)
    Hers links about how to do it. Some people think $500 is not enough to get an attorney to do it, but you dont need one (in fact you cant even use one if you go to trial the right way)!

    http://www.infoworld.com/article/02/04/19/020422 op winman_1.html

    http://purplecow.com/vaspam/

    http://news.com.com/2010-1080-281494.html

    AND THE BEST SITE:

    http://smallclaim.info/media/playboy.php
    Now get to it!
  • by ccnull ( 607939 ) <null@film c r i tic.com> on Sunday May 25, 2003 @11:22AM (#6035296) Homepage
    California is deep in deficit now and it looks like taxes are going up. Instead: Why not just pass this law and let the state government set up a bunch of spammer honeypots, then start suing them to fill the gov't coffers? Budget crisis solved!

    For the record I also propose deputizing motorcycle riders and bicyclists to hand out $500 tickets per double-parked vehicle in San Francisco.

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