Aussie Spammer Faces Millions in Fines 173
An anonymous reader writes "An alleged Australian spammer could face millions in fines if he's found guilty of breaking the country's anti-spam laws, reports ZDNet. The Australian Communications Authority alleges that Wayne Mansfield and his company, Clarity 1, sent at least 56 million commercial e-mails in the 12 months after the Spam Act was enacted in April 2004."
Comment removed (Score:5, Interesting)
Re:Fines, hm? (Score:1)
Re:Fines, hm? (Score:1, Informative)
[BTW: My verification words is "ASSFOKR" Say it out loud.]
Re:Fines, hm? (Score:3, Informative)
Re:Fines, hm? (Score:4, Funny)
Hmm...you sound awfully knowledgeable on this topic...
Mabye because...you TOO are a dirty SPAMMER???
Get him, boys!!! ^_^
Re:Fines, hm? (Score:5, Informative)
The Spam Act carries penalties of up to AU$220,000 per day for first-time corporate offenders and up to AU$1.1 million per day for repeat offenders.
So he'd have to make AU$1.1mln per day to break even. I don't think even the most successful spammer could earn that much.
Converted to other currencies (Score:3, Informative)
So he'd have to make AU$1.1mln per day to break even.
To put that into perspective, I'll translate that into other prominent currencies: 1,100,000 AUD == 844,000 USD == 699,000 EUR == 463,000 GBP == 1,041,000 CAD
Re:Fines, hm? (Score:1)
"If you want to spam, think again. If you do, your ass will be big enough to fit an entire prison through"
Re:Fines, hm? (Score:3, Insightful)
It always amazes me how the EASY answer is JAIL, jail is not a deterant, never has been and never will be, people always think "they won't catch me", or "I can get away with it this tim
Re:Fines, hm? (Score:2)
Look at me. I'm able to prevent myself from sending out millions of spam email every day. I dare say it's actually quite easy not to send millions of spam emails a day. I almost happens on it's own.
People who willfully and explicitly go out of their way to do a crime, deserve all the jailtime they get, times two.
Re:Fines, hm? (Score:2)
Violent offenders need to be in jail, simply for the safety of the public. Non-violent offenders should be punished differently. Hit them where it hurts, in the wallet. Heavy fines, with enforceable means of collection. Long probation terms (with the penalty for violating probation being more fines, rather than jail).
The problem with throwing non-violent offenders in jail is that the jai
Re:Fines, hm? (Score:2)
Sadly, in this (to paraphrase) "pussy-whipped, Brady
Bunch version" of the world we're living in, it'll never happen.
Besides, if you want to free up prison beds, a much more effective way to do it would be for us to give up on all this "war on drugs" silliness. It's
Re:Fines, hm? (Score:3, Insightful)
Hey they held some poor kid over here in custody for 12 days for attempting to steal an ice cream [indymedia.org], so spamming should deserve years!
Why is white-collar crime somehow not deserving of punishment like gaol? Some kid who steals a $30K car, screams down a street and writes it off against a tree is expected to end up gaoled, but someone causing a nuisance to far more people and costing millions of dollars is not because he didn't get his hands dirty doing it?
Re:Fines, hm? (Score:2)
You're right... how about 50 years instead?
Re:Fines, hm? (Score:3, Funny)
Case in point (Score:5, Interesting)
If fines are all he gets, there's still a chance that he's profitable and the spamming is "worth it" to him.
Case in point:
My grandfather is a seafood salesman in Quebec (Canada). He sells to many restaurants. One of major restaurants in the Montreal area was one of his customers. He sold all kinds of different food products to them. One thing he sold was frog's legs.
One day, the restaurant stopped buying frog's legs from him. He asked the owner what had happened. The owner said that they had found someone that could undercut my grandfather's price per pound by $1. My grandfather said surely its impossible. Theres no way you can get frog's legs so cheap.
About a year later the restaurant was temporarily shutdown for investigation. The owner had been selling rat's legs instead of frog's legs.
After the investigation was over and the restaurant reopened, my grandfather went to the owner and said, "I knew you couldn't get frog's legs that cheap." The owner said, "Listen, I was selling one thousand pounds of frog's legs per week. At one dollar a pound I saved $1000 every week for a year. The fine was $1500."
He laughed and said that he would do it again because it was worth it.
True story that happened about 20 years ago, but I'm willing to bet that if the fine on this spammer isn't high enough, he will say it was worth it too.
Re:Case in point (Score:2, Insightful)
evironmentally sound choice - rats ahead of frogs (Score:3, Funny)
Let's eat (well cooked) rat. With lots of garlic butter sauce.
Re:Case in point (Score:2)
I swear I didnt make the story up; it's true. Like I said, it was one of the major restaurants in Canada (its not there anymore, though).
But anyways, we're kind of getting off topic. We're supposed to be talking about spam, I think.
Re:Fines, hm? (Score:2)
Watershed case (Score:5, Insightful)
Re:Watershed case (Score:5, Insightful)
Re:Watershed case (Score:2)
Re:Watershed case (Score:2, Interesting)
Re:Watershed case (Score:2)
Re:Watershed case (Score:2)
I'm sorry but that's fallacious reasoning and a crap argument. First, the cost of spam is measurable and comes out of the pocket of the receiver--the spamee, who is you or me. The cost of copyright infringement is not a cost to the owner of the IP, but a (possibly) lost opportunity-- an opportunity that would not have existed without the copyright law in the first place.
Copyright infringement and spamming have no relationship to one another, except the one you've made up in your narrow little mind by read
Flakes! (Score:2)
We're coming to get you
We're offensive with lawyers
So don't let it upset you
With apologies to Frank Zappa [wonderlyrics.com]. He would obviously have come up with some far more scathing criticism of spammers.
Each step (Score:5, Insightful)
Of course just tieing them all to trees upside down and feeding them Ex-Lax for a week would be a more fitting punishment.
Re:Each step (Score:2, Offtopic)
If you want to stop a fire take away the fuel source.
What drives people to spam?
1. Greed
2. Zero talent or drive to do real work
3. It's easy [which reinforces #1].
Make spamming hard [e.g. hash-cash or something similar] and you essentially remove any financial backing to spam.
Let's keep in mind that not all the spam you get is from one source. There are many smaller time spammers out that by using their fourth grade math knowledge t
Re:Each step (Score:1, Offtopic)
If kids honestly feared ending their academic careers the serious ones would avoid drugs and the less serious [e.g. bench warmers] would fall out.
Are you serious??? I mean really? I tried really hard to find sarcasm in
Re:Each step (Score:1)
I didn't care about my academics, I cared more about beer and being punk. This is during high school, not college. I watched my grades slip from straight A's to barely passing. The fact that I could pass at all when I was lucky to show up once a week was amazing. I was kicked out (I was asked to leave, really) and I didn't care. Then I realised, I had
Re:Each step (Score:2)
By time a student hits grade 9 they're well aware of the negative implications of drugs. We did D.A.R.E. training in grade 6 for crying out loud.
The thing is to keep tabs on students and help them out [e.g. when grades slip] but once they go, let them go.
I'm not saying the way you led your life is "wrong". It's not about life choices being "right" or "wrong". It's about having consequences.
In y
Re:Each step (Score:2)
I'm sorry but I was thinking of my career path since I was roughly 14 or so. It wasn't a big mystery that I would end up working computers and/or math doing one thing or another.
If a 16,17,18-yr old can't reason that "I ought to actually focus on some key majors and not be a total pothead" then maybe they're not serious enough to actually attend school.
More so they think this way because people like you let the
Re:Each step (Score:1)
So destined to fail?
You can't win a war against an intangible, because you can't conquor an ideal. The "War on Drugs" is a PR nightmare, because it hasn't done anything to "improve" the situation in the past 10 years. It would be an even bigger PR headache to call off the war on drugs because then it looks like we've lost.
As far as expulsion goes we already take away their financial aid, which is the same damn thing to most studen
Re:Each step (Score:3, Insightful)
I don't see the direct correlation between going to school and doing drugs. Like as if you MUST do drugs to get through school.
What if we replaced "drugs" with "theft" or "murder" or what not? Actually, look at the UK with the "bitch slap cell phone" thingy going on.
That's really popular apparently. Does that mean we should excuse it just because "it's tough trying to fit in when you're not a criminal"...
Bullshit.
And you know what you do in schools, you wi
Re:Each step (Score:2)
You hear that sound? Its every drug dealer in the country laughing thier asses off
Of course then the US will have record low enrollment in colleges and record high enrollment in welfare and drug dealers won't be able to keep up with demand, but besides that it seems a very good plan
Re:Each step (Score:2)
Ok. I salute you.
Tom
Re:Each step (Score:2)
People do drugs to FEEL GOOD. If you take away one path for them to succeed in society by effectively telling them they are not allowed to feel good "in that way", they're going to feel worse and possibly do more (possibly different, possibly harder) drugs. Now think about the consequences to society for expelling all the pot-smokin' mushroom-eatin' college kids who still manage to pull a 2.0 to 4.0. The former good students that were exercising their
Re:Each step (Score:2)
Actually, its the opposite. ALL actions have consequences. Have you thought through the actual realistic consequences of your "simple solution". I guess maybe your thinking a threat of expulsion would cause the VAST majority of kids to not do it. I can tell you that isn't realistic! A more realistic consequence to this plan is what I said in the previous post. Lower college graduation rates, lower average income rates, more poverty, more drugs.
The "war on dr
Re:Each step (Score:2)
Re:Each step (Score:2)
The biggest problem with drugs is
Re:Each step (Score:2)
I don't know about you but of all the people I knew [or very well suspected to know] took drugs during college, very few of them were highly productive people.
This line of thinking that potheads are all somehow smart or something is plain idiotic.
Frankly I'm tired of this "help the poor bastard out". I'd rather have time and energy spent on the students who can't make ends meet and/or need a tutor than forgiving those who cheat on assignmen
Re:Each step (Score:2)
Re:Each step (Score:2)
If kids honestly feared ending their academic careers the serious ones would avoid drugs and the less serious [e.g. bench warmers] would fall out.
Yeah, great.
So what about the ones who go to college, do the work, get good re
Re:Each step (Score:2)
I understand that we pay for their junk through bandwidth costs and ISP server upgrades etc. How sophistcated are these guys? Are they wrong? Yes. Should they be forgiven? Maybe, but only after their sentence and spam is something talked about as a
Re:Each step (Score:2)
It's also a good way to keep minorities from getting an education.
Re:Each step (Score:2)
Is that how Tub Girl got started (no, I'm not going to link to it)?
Re:Each step (Score:2)
I don't really worry about the **AA's as much anymore. They are starting to generate bad press in the mainstream press and it's only a matter of time before they self-destruct. Public opinion will turn against them due to their own actions.
Wow (Score:3, Funny)
Re:Wow (Score:3, Insightful)
And someone needs to shut down those blasted zombie Windows computers that are relaying all this rubbish.
Just a thought: If only there were a way to make spam explode when opened, to discourag
Death! (Score:1)
Please list suitable tortures for spammers.
Re:Death! (Score:3, Informative)
Generally speaking, were not self-righteous enough to believe we hold absolute truth which gives us the right to take the right to take the life of another.
And considering our convict heritage, an understanding and empathy towards the potential falability of the law is not supprising.
Re:Death! (Score:2)
That said, you could send him to Singapore and claim he spray-painted a few cars.
Re:Death! (Score:3, Funny)
Force him to copy every spam he's ever sent...in longhand.
Re:Death! (Score:5, Funny)
Have you people heard of the notion of "innocent until proven guilty"? It says an alleged Australian spammer. Let's make sure he really is Australian before we start jumping to conclusions.
Re:Death! (Score:2)
Who cares what the spammers' nationality is? Seems to me a million dollor fine is a bit steep for someone who was only spamming Australians.
Re:Death! (Score:2)
>Who cares what the spammers' nationality is? Seems to me a million dollor fine is a bit steep for >someone who was only spamming Australians.
No he is advocating a death penalty for being australian not, for spamming. Can't you read what it says.
Re:Death! (Score:2)
Yes. Yes I can read what it says.
Can you get a joke?
Re:Death! (Score:2)
>>No he is advocating a death penalty for being australian not, for spamming. Can't you read what it says.
>Yes. Yes I can read what it says.
>Can you get a joke?
What was there a joke somewhere? Shouldn't there be a deathpenlty for being australian?
Re:Death! (Score:2)
My lame joke was to read the phrase as "alleged (Australian spammer)".
Of course any humor has long ago been sucked out of this thread.
As for death penalties for being Australian - what the hell. I'll miss my Australian friends but you do what you gotta do.
Re:No death penalty... (Score:1)
Mod parent up :D (Score:2)
56 million? (Score:5, Interesting)
A clear indication that better laws should be able to prevent this abuse.
Re:56 million? (Score:2)
5KB * 56 million is more like 280 GB.
Re:56 million? (Score:1)
Re:56 million? (Score:1)
Re:56 million? (Score:3, Insightful)
Except that the 5kb of the message itself is only the tip of the iceberg. The DNS lookups, the SMTP handshakes, the blacklist queries, the POP3 downloads and filter checks, and then the huge bandwidth of displaying the no doubt numerous tag-embedded images... all adds up to way, way more than 5kb per typical message. I'd be really amazed, if you added up all the overhead, if it wasn't more like 256k. And that doesn't count processer use, stora
Yup (Score:2)
Just fine him a dollar per spam...sounds equitable to me.
partners in crime? (Score:5, Insightful)
Re:partners in crime? (Score:4, Insightful)
That might be harder than it sounds. Many of these guys are set up as affiliate marketers. Meaning, no one pays them to do this, they only pay them when some twit happens to buy some V1@gra. The actual vendor can (with almost a straight face) claim that they established an affiliate program so that legitimate partner sites could honestly pass along real referrals... and that, gee, they can't police the activities of every affiliate, and all they knew was that they were getting traffic, and gosh, etc.
It's up to the affilate engines to sniff this stuff out and simply shut down the offenders (by disabling their accounts). Of course, the affiliate engines make their piece of every transaction, too, so they're not going to be terribly motivated. Especially if they have no redeeming social graces whatsoever, sons of bitches.
That being said, there are some first rate affiliate engines with real, certifiably well-behaved partner networks (see Performics [performics.com] and CJ [commissionjunction.com] as decent examples. They're not without their abusive users, but those get slammed pretty hard, and money can get locked up with you play naughty, so that usually works.
I wonder if this Aussie was using one of the more notorious AM engines from Australia (DarkBlue [darkblue.com]).
Re:partners in crime? (Score:2)
As practically anyone with a
The irony is that I've heard that his seminars were actually pretty good.
Just too bad they were promoted by floods of spam.
Only Partially the Right Approach (Score:5, Interesting)
Mass unsolicited mail isn't always viagra spams and pre-approved mortgage scams. A colleague who does email security for (insert major UK bank here) recently forwarded a mail their head postmaster dude received from an eager (one would presume) intern at some marketing outfit.
Basically, it was a survey spammed to all postmasters of large outfits, making no attempt at subterfuge or hiding content, saying "what email filters do you use if any? How do they work? How can we get an exception for our mails? We mass-mail for large, reputable clients" with example spam from Nike and other big, well-known companies attached. The reply from postmaster was hilarious sardonic--you could tell that he realized that marketing-boy just didn't have a clue what he'd just sent; postmaster was barely restraining his trigger finger and trying to be at least vaguely civil.
Point being? Someone is paying these fuckwads to spam. Just like the Lycos screensaver attempted to do with basically a DDoS, it is technically doable to find spammers' clients and take them out. Spammers are just the messengers, middle-men, crooked little street dealers--nailing their shrivelled little testicles to the wall, while gratifyiing and a right step, won't solve the problem.
That said, I don't think fines are a good thing in this case. Public beatings, well...
Re:Only Partially the Right Approach (Score:2)
"I noticed you link to site.something.ca. That site doesn't exist anymore. Please update your link to othersite.com". Yes, the link was dead, but I checked out the new site and it was a search engine associated with spyware.
"Don't delete this! This is a real person
Re:Only Partially the Right Approach (Score:2)
Hey hey hey, no, I didn't miss it. My point is just that going after spammers is not the full solution the problem, maybe that didn't come across.
By all means, prosecute him, fine him, beat him, flay him, boil him in oil, force him to watch Silver Spoons reruns, whatever. But go after everyone involved.
Theft of service? (Score:1, Funny)
Re:Theft of service? (Score:3, Insightful)
What???
Where exactly did you pull that from? Of course it's still theft of service...you seem to be confusing theft of service with denial of service.
They're two completely seperate things.
Re:Theft of service? (Score:2, Insightful)
Treating the Symptom, not the problem. (Score:4, Interesting)
The spammers *are* the problem (Score:2)
Using the law to close down the professional spammers will get rid of almost all the non-virus related spam. If the cases are publicised enough, it will also be a deterent for the amateur spammers, i.e. those who spam for their own goods rather than functioning as midlemen.
Re:Treating the Symptom, not the problem. (Score:2)
Why aren't we seeing PSA-type TV spots pointing out the evils of spam from big online ISPs?
Its a nice segue. (Score:2)
You KNOW that these stories are about greed, as much for the spammer, who rips us off by coercing us to pay attention to shit, as for us, who are used to getting shit for 'free', for our paying lip service to listening to an advertiser.
Human beings have always had problems deciding on value. One man's trash and so on... The oldest document extant is the "Code of Hammurabi." "An eye for a
The Aussie Prime Minister is also a spammer (Score:4, Interesting)
http://www.smh.com.au/articles/2004/08/26/1093518
Warnings (Score:2, Funny)
An ACA spokesperson told ZDNet Australia Mansfield had received several warnings before it raided his company premises in April.
Of course they all went into his spam folder.
Crime Still Pays (Score:3, Insightful)
Lethal Cailis/Viarga injection (Score:3, Funny)
"Surprise your girlfriend."
Forcibly lengthen his penis -- the punishment needs to fit the crime.
What about the companies... (Score:2, Insightful)
or individuals that submit the spam mail to this guy at Clarity 1? It seems like those companies have it good because all they have to do is pay Clarity 1 to send their spam. By doing this they avoid any penalties and Clarity 1 takes the fall.
It couldn't happen to a better scumbag (Score:2, Funny)
56 million.... (Score:3, Interesting)
Dude's a Spammer (Score:2)
He also gave out a CD with a couple of mailing lists on it and tools for bulk-sending. He claimed the lists were opt-in but a quick check revealed a few addresses that I knew weren't. Additionally, another company I knew that went tried to use the list to send updates about their pr
Re:Glad (Score:5, Funny)
I'm glad too.
Re:Theres some email in my spam (Score:2)
I have to admit that I just don't understand this...
I have 5 email accounts that I use on a regular basis. Between all of them, I get mabye 3 spams a week (out of hundreds of legit emails).
What am I doing right that everyone else seems to be doing wrong?
Re:Theres some email in my spam (Score:2)
Re:Theres some email in my spam (Score:2, Insightful)
Re:Theres some email in my spam (Score:2)
you must not be part of a large organization that has trouble cracking down on spam at will
Actually, I am....and we had to put in a new spam filter because the spam for many others at the compant was fast becoming unmanageable...meanwhile, I get zero spams in my company account.
Re:Theres some email in my spam (Score:5, Funny)
Slowly."
It's rather difficult to shoot someone slowly - pretty much it works like this....
Not shot.... Not shot..... Not shot..... *BANG*
Shot.
I suppose you could push the bullet in with some kind of stick if you were particularly vicious and/or desiring to save on gunpowder.....
sure they could shoot him slowly (Score:2)
loop
Firing squad -
ready
aim
(drum rolls)...
we'll be right back after this break....
until spammer screams "shoot me now"
repeat
Re:Theres some email in my spam (Score:2)
*bang*
"Oi, you only got 'im in the foot. Four up and a bit to the right."
*bang*
"Oi, there went his kneecap. I think you need some practice before we execute the next one."
*bang*
"Cripes.. Aim for his flippin' heart! If you keep shooting 'im like that he'll just bleed to death."
*bang*
"Okay, you've got the height thing down, but that was 'es right arm! Left me boy!"
*bang*
"'er went 'is other kneecap! One more try, an 'im taking that gun from ya, boy."
*bang*
"Reload!"
What about (Score:2)
http://www.lightplanet.com/mormons/daily/history/
Re:opt in list (Score:2)
See rule #1.
Mansfield has never used an opt-in list. But he likes to claim he has.
Re:opt in list (Score:2)