Court Rules WHOIS Privacy Illegal For Spammers 169
Unequivocal writes "Spammers hiding behind a WHOIS privacy service have been found in violation of CAN-SPAM. It probably won't stop other spammers from hiding (what can?), but at least it adds another arrow in the legal quiver for skewering the bottom feeders. Quoting from the article: 'A recent decision by the Court of Appeals for the 9th Circuit has determined that using WHOIS privacy on domains may be considered "material falsification" under federal law... Although the ruling does not make use of WHOIS privacy illegal, it does serve as a clear message from the court that coupling the use of privacy services with intentional spamming will likely result in a violation of the CAN-SPAM act. This is an important decision that members of the domain community should refer to prior to utilizing a privacy shield.'"
SPAM contents still a secret (Score:4, Funny)
Re:SPAM contents still a secret (Score:4, Funny)
Making SPAM:
1) ???
2) ???
3) ???
4) Profit
Re:SPAM contents still a secret (Score:4, Funny)
You missed a few steps:
"BUT I DON'T LIKE SPAM!!!!"
"That's OK dear, I'll have some of yours."
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Can I have the Lobster Thermidor a Crevette with a mornay sauce served in a Provencale manner with shallots and aubergines garnished with truffle pate, brandy and with a fried egg on top and spam then? (Nobody said I have to eat the egg and spam.)
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Re:SPAM contents still a secret (Score:5, Insightful)
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Meh, the whole article is irrelevant. Once it gets to the Supreme Court, they'll just say we're restricting spammers' freedom of speech.
No. Your freedom of speech doesn't give you the right to harass other people. You can use use your rights so far as they don't violate anybody else's.
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No. Your freedom of speech doesn't give you the right to harass other people.
Actually, it pretty specifically does. You are totally allowed to yell lots of harassing things on the street without fear of government action (in theory).
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Right, but you can't yell threats or potentially damaging things like "FIRE!" in a crowded theater.
So really what it comes down to is whether the spam itself is constitutionally protected or not. It may fall under the harmful speech listed above.
Now as far as marketing goes, they make a hell of a lot of false claims, and they are legally liable for that.
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Your freedom of speech doesn't give you the right to harass other people.
See, this is where the trouble begins. What does harassment mean, exactly? Let's see, according to some dictionaries:
1. to disturb persistently; torment, as with troubles or cares; bother continually; pester; persecute.
2. to trouble by repeated attacks, incursions, etc., as in war or hostilities; harry; raid.
But we've only changed one ambiguous word with several others. What does "dis
Re:SPAM contents still a secret (Score:4, Insightful)
In fact, harassment is completely subjective. It's not good to put subjective words into law. If I punch you in the face and cause visible damage, that is objective. If I take something that you can prove is yours, that's objective. But what about "harassment"? Some people are completely intolerant and consider themselves "harassed" at the drop of a hat. Others are far more tolerant. Still others never feel "harassed".
Thus the concepts of 'judge' and 'jury'. All human behavior will be open to interpretation, and context is vitally important to any judicious application of law. Also, the laws use their own guidelines for what given words mean, and due to their depth these are likely far less ambiguous than dictionary definitions wind up being.
In short you're mixing up English language with legalese, and that is why you're confused.
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the term "harassment" means a course of conduct directed at a specific person that causes substantial emotional distress in such person; and serves no legitimate purpose. United States Code Title 18 Subsection 1514(c)
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001514----000-.html
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Compuserve v Cyber Promotions (Samford Wallace) says otherwise.
Fraud and Harrassment are still valid though (Score:2)
That's unlikely. There's no such thing as unlimited free speech. You can't lie in a courtroom and claim free speech. That's perjury. You can't yell fire in a movie theater when there is no fire. That puts people's lives in danger. The speech of spammers is not covered by free speech laws because it is harrassment (constantly bombing someone with unsolicited messages they ca
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Your freedom of speech does not allow you to harass others. You are perfectly entitled to say what you like on your own website be that does not mean you are allowed to shove it into everyone's mailbox.
Material falsification? (Score:3, Insightful)
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A spammer's entire business plan can be summed up a "material falsification", can't it?
Like I always say, marketing is the art of making something seem better than it really is.
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Not really. Some Viagra ads are legit, though the fact that I recieved it through solicitation of my email makes it spam.
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Think that's bad?
My wife is a support specialist...
specialist...
specialist.
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This is so true and in fact I'd like to take a moment here to offer you a whooping 50% discount on your next order of viagra, soma or xannax from our online [drugbuyers.com] pharmacy.
This is a good step but (Score:4, Insightful)
NOT just an economic problem (Score:2, Interesting)
Spam is ultimately an economic problem. As long as spam remains highly profitiable spamming will continue.
I won't assume this to mean a 'silent approval' for spamming, but it does sound you take this as a given. IMHO that is not true. There are other reasons why spam remains a problem:
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Then the use of email would plummet as few people want to deal with all of that -- rather, few people want to KNOW how to deal with that. If my mother had to know about public keys and stuff in order to use email, she'd be offline.
Let's put it this way. I deal with a state-wide emergency service outfit that uses radio-based email for emergency communications. You can't get more easily hackable than that. There is NO routing information
Hold Credit card companies responsible (Score:2)
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You wrote:
> As long as spam remains highly profitable spamming will continue.
No, as long as spam is _perceived_ as effective by enough people it will continue. Spam need not be commercial: harassing spam is quite effective. Spam need not actually be profitable: as long as enough fools pay someone to send it, or don't realize that what they are being is actually spam services, it will continue splashing into our spam folders at an amazing pace.
Spam is already being highly contained: given that well over 1
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Have you ever tried explaining to some company that "ConstantContact" uses that name not because it sounds good but because that is exactly what they do? One company I deal with alot decided to outsource their marketing lists through them, so I told them to unsubscribe me. I explained t
I almost agree with you... (Score:2)
Spam is ultimately an economic problem
Have you been reading my journal articles? Not to mock you for being late to the party, but I've been discussing that for a while [slashdot.org]; I brought it up a few months ago as well [slashdot.org].
Unfortunately I think you miss the boat:
Stricter punishments for spamming, punishment for ISPs that are particularly bad, better education of people who answer spam, better use of whitelists, blacklists and greylists are all techniques that can help. Every technique has problems. Hence the standard Slashdot response with the checkboxes. However, although each has flaws, together they can be very effective
Because ultimately none of those approaches actually address the economic issue that you and I both acknowledge. Simply inconveniencing the spammer won't accomplish much of anything; they will just send more spam. You'd be just as well off to advocate for their execution.
As I've said before
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Tell that to the guy who got the rat-poison tainted home-lab made Cialis that was sold via spam last month.
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Think of it as evolution in action?
Seriously... Taking "drugs" sold by scumbag spammers is about as stupid as believing that you really, truly will get that $USD 20 MILLION by sending a few thousand dollars to the son of the late Emperor Bokassa to help him smuggle his father's ill-gotten millions out of the country.
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And yet there are still people doing that as well.
[John]
Hmmm... (Score:5, Interesting)
WHOIS privacy was created in the first place to protect us from spammers (the WHOIS database being ripe for email address scraping). Then the spammers took advantage of it to protect themselves from justice.
It seems like there's some kind of insightful point to be made here, but I'm not sure what it is.
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where is the +1 not-quite-insightful button?
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+0.5, Insightful
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To complete the triangle, the justice department must use WHOIS privacy to protect itself from us.
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I'm really surprised that people are getting spam sent to WHOIS contact addresses.
I know that Network Solutions sold their list to spammers quite a while back, and I still get spam to the e-mail address I used when my domains were all registered with them, but I haven't gotten a single spam e-mail in the 5 years since I started using a new e-mail for recently registered domains.
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I do get the occasional monthly spam to my whois address which includes the Chinese guy who wants to sell me their version of one of the domains I own (well, rent :) ) or the one time that someone wanted to buy one of my domains.
[John]
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Dreamhost don't charge for domain name privacy. (No affiliation beyond being a satisfied user)
the insightful point here (Score:2)
from the evolution of animals and plants to the evolution of laws and ideologies and technologies governing modern societies, is:
life is an arms race
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Yes, the point is that we need to stop taking spammers to court and just shortcut the process by taking them out back and shooting them if their is even marginal evidence to prove they are doing it.
When you're punishment for them still results in a large net gain, they aren't going to give a flying fuck if you punish them.
The world has become filled with pussies who want to be nice rather than take action to fix problems.
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The laws are clear though, it is okay to spam via normal postal channels but it is wrong to use email to do the exact same.
Makes you wonder...
Normal postal channels are coupled with postage. That's not exactly mysterious.
So does this mean Tim Burd is breaking the law? (Score:2)
The first amendment is dead and buried... (Score:2, Insightful)
The Natural Right to Freedom of Speech is needed precisely for unpopular speech such as "spam" and even "kiddy porn" - a canary in the coal mine for more egregious government assaults on your freedoms!
It is your responsibility to decide what means you use to communicate with other people, and if you choose to use a ridiculously poorly designed protocol like e-mail then it is your (or your e-mail hosting provider's) responsibility to control who connects to your mail servers and how messages are to be accept
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You're more correct than your score suggests. If they're creating laws that say "Privacy mode is not legal FOR SPAM!" Then in less than a year, the "FOR SPAM" qualifier will be removed, because it's seen only as a precedent for some other case where someone claims their privacy matters. "No it doesn't. Not if you were doing something unpopular, like breaking laws. Just look at this CAN-SPAM case."
This is very true. I can only imagine next year it could include P2P users and eventually anyone doing something abnormal like running tor (because using tor or encrypting your disks is obviously suspicious activity). It should not be illegal for spammers to use the privacy services, courts should subpoena the true identities from the privacy services and be done with it.
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I can only imagine next year it could include P2P users and eventually anyone doing something abnormal like running tor
To put it lightly... if you really believe that you need to get out of the basement more :)
Re:The first amendment is dead and buried... (Score:5, Interesting)
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> It isn't censorship to restrict time, plane and manner of speech. Thus, for example, saying you can't scream your views at 2 AM in a residential neighborhood isn't censorship by any reasonable definition.
So... Free Speech Zones [wikipedia.org] are not censorship? Perhaps you are right, but only in the way they are implemented.
That is, selectively.
Re:The first amendment is dead and buried... (Score:4, Interesting)
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Sign a contract before I move into a house somewhere?!?!
I've never heard of such a thing...I see a house I like, I look at it...I buy it.
Aside from the loan agreement..how can someone force you to sign a contract of behavior on your own land/home you own? What mention sounds discriminatory to me...
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Wow...that blows.
And people in general really go along with this type thing??
Hmm...you know, when I've driven through some newer neighborhoods in some places..I've started commenting that all the houses look exactly the same as each other, nothing unique, no character. Maybe these types of restrictions are the reason?
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CCA's (codes, covenants and somethings, I think they're called) are a pre-emptive strike at those individuals who would buy a house in a small neighborhood and then paint it pink or yellow or some other unwelcome color. Or who would turn the front yard into a rock garden complete with 83 gnome statues. Or do anything else that would make the property values of the ne
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Re:The first amendment is dead and buried... (Score:5, Insightful)
Censorship is a red herring here.
Spam isn't "unpopular speech" merely because of what it says.
Spam is an abuse of a communication channel.
One more time: It's about consent, not content.
Re:The first amendment is dead and buried... (Score:5, Informative)
Spammers aren't shouting on their own property. They are shouting on mine. They are, in effect, stealing from me.
There is no such thing as 'natural rights.' Natural rights are a type of con, by asserting your natural rights you are arguing from authority, your assertion that certain rights are 'natural' means it would be unnatural to oppose such rights. In the end, though, natural rights don't matter. The only things that matters are the rights that the majority agree to uphold. If no one agrees with your assessment of what constitutes a natural right, you can whine about it all you like, but it won't change anything.
You don't have the right to yell 'fire!' in a crowded theater, incite a riot, or deliberately and maliciously spread damaging falsehoods. You don't have the right to lob garbage into my yard, even if that garbage consists of your poetry, written on napkins. In the same vein, you don't have the right to send me unsolicited commercial faxes, or to spam me.
What kind of ridiculous slipper slope must you concoct to imagine that CAN-SPAM will have 'very dangerous consequences?' Has the law against unsolicited commercial faxing had such consequences?
You've already contradicted yourself (Score:2)
You argue that spamming is free expression. It is not. It is using my equipment in a way I do not condone. Your argument is akin to saying that wearing revealing clothing excuses rape, or having a faulty lock exonerates the thief. It is nonsensical.
No, natural rights do not exist like the laws of physics. They are, firstly, emergent phenomenon, dependent on SOCIETY, not the individual. This is because an individual has no rights. Individuals have what are known as abilities or capacities. Without society, a
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Gah. Shoulda read the preview.
It has not been demonstrated that fail to punish arbitrary murder fail.
Should read:
It has not been demonstrated that societies that fail to punish arbitrary murder fail.
And
It is only because people agree that being killed is rather more pleasant than the freedom to kill that we have the right to life.
Should read
It is only because people agree that freedom from being killed is rather more pleasant than the freedom to kill that we have the right to life.
Hope that helps. :)
Conflicting natural rights (Score:3, Insightful)
Let me make an analogy that I hope is a bit more clear, and illustrate that, under your definition of natural rights, spam presents a conflict.
You believe in the freedom to own property, yes? And the freedom of speech. Well, what if I were to scratch 'screw you!' into your car? Which freedom wins out, my freedom of expression, our your freedom to control your own property? Spam is a form of property vandalism, even if it is a form of free expression. And my right to control my property trumps your right to
C'mon, mods, don't be dicks to Alex! (Score:2)
You claim there is a clear difference between sending an email and damaging someone's property. Okay, but that's beside the point, This is about control over your property. Do you believe you should have it, by right?
If I put up a sign saying, 'no solicitation, no trespassing' and you come into my yard, you are breaking the law, yes? You will face prosecution, because you have usurped my right to control my property.
Now, If my policy on my mail server is 'no commercial emails,' and you send me a commercial
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Oh, and from experience I can state that my opinions will be shouted down/down modded/kickbanned as quickly on a libertarian / Objectivist / Anarcho-Capitalist forum as yours are here. As I have said before, libertarians only care about their own freedom.
Libertarianism / Objectivism / Anarcho capitalism: What are three philosophies that boil down to 'I've got mine, so screw you,' Alex?
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Strawman arguments are lies.
No. They are irrelevant. Strawman arguments work better, in fact, if they are true. They just aren't relevant. And what I'm doing is more rightly termed Poisoning the Well. Learn your logical fallacies, twit.
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A spammer can't just connect to your computer and place advertisements there against your will,
Thank you you proving that you have absolutely no clue what you are talking about.
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Once again, it is your power and responsibility to make sure your e-mail server is configured to act with your consent, accepting or rejecting messages based on your own criteria. If you don't like what some idiot is shouting on his or her own property, then don't listen to him.
It's not their property it's mine.
Another simplistic libertarian answer (Score:5, Insightful)
In libertarian la-la land, there is one freedom: to do whatever the hell I want without interference. But freedom isn't that cut and dried. My right to swing my fist ends at your face. Even on my property, I don't have the right to scream at the top of my lungs at 4 in the morning, because that impacts your freedoms.
Freedom isn't a simple thing. It isn't defined by imaginary and arbitrary natural rights. It is agreed upon and upheld by civilized people. For every freedom gained, there is a corresponding freedom lost, and so it is up to the group to decide what freedoms they are willing to trade for other more important freedoms. I, for instance, am willing to trade the freedom to scream at the top of my lungs at 4am, for the freedom to get a peaceful nights sleep.
And I don't give a rat's ass what YOU think your 'natural rights' entitle you to. Come into my neighborhood and start bellowing at 4am, and you will get a visit from the police, who will force you to stop, to protect my freedom. And THAT is as it should be, amongst civilized people.
Libertarians are akin to preschoolers, in that their idea of freedom is 'yer not the boss of me!' Well, the fact is that if you want to live in civilization, you have to let other people be the boss of you. If you don't like it, there is plenty of desolate wilderness where you can go be as free as you like, by yourself. But you DO NOT get to insert yourself into other people's lives and impose on them, claiming that if they try to stop you they are limiting your freedom. No, YOU are limiting THEIR freedom, and there are more of them than of you, so what they say goes. If you don't like it, well, there's always that lovely wilderness where you can be as free as you like without imposing on others.
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Unless, of course, your neighborhood is one of the ones where the local government is financially challenged (i.e. Illinois, California, et al) and the police doesn't have the funding to send someone out.
And then, when the yelling turns to something worse, and the police are nowhere to be found (how does the saying go... "when seconds count, the police are only minutes away...") the proverbial "libertarian la-la land" will have other means of defending themselves, and enforcing their rights...
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What utter bullshit. What a complete non-sequiter. Were we talking about police response times, and how nice it is that libertarians have the firepower to slaughter each other? No, we weren't. Great. You've got guns, so you can shoot loudmouths. Tell you what, how about all you libertarians go buy yourselves a country somewhere, and you fuck that up instead of trying to fuck up ours? You don't give a shit about anyone's freedom but your own.
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Uhm, now that post was beyond puerile. You take one part of libertarian motto, cut it, then use the second half as your argument against the first half!.
"Your right to swing your fist ends at my face." is exactly the point of libertarianism. So repeating it against them over and over for an entire page means that you're, quoting to your own words, akin to a preschooler. Otherwise, you would make an attempt to understand what you're criticising -- instead of calling people names.
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Except most libertarians do not believe, in their heart of hearts, that the reverse applies to them. As evidence, I present Mr. "Kiddy porn is fine." above me.
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I don't dislike libertarians. I only dislike touchy, self righteous libertarians who put philosophy before practicality.
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The right to free speech does not include the right to impose that speech on someone else, its sad that so many people like yourself don't understand it.
You have the right to free speech, but not everywhere and at any time or using any method you want.
You do not have a right to impose your free speech on me.
You do not have the right to stand in the middle of a residential neighborhood at 3 am shouting crap at the top of your lungs, waking everyone up.
When you enter my home, business, or even public places y
Conspiracy/aiding/abetting? (Score:3, Interesting)
Couldn't the WHOIS service, by hosting spammers, be held liable for criminal conspiracy or aiding and abetting?
Or at least investigated to determine if they were knowingly protecting spammers under one or both of those charges?
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Couldn't the WHOIS service, by hosting spammers, be held liable for criminal conspiracy or aiding and abetting?
That's come up. The owner of a domain is the name in the registrant field. If the name there is some "privacy service", they are the owner of the domain, and the nominal "owner" is just renting it under some contractual arrangement. As with renting, this usually works out OK, but when there's trouble, the real ownership matters.
This was a big issue with RegisterFly [wikipedia.org], the troubled and now def
Problem (Score:3, Interesting)
So what we're doing is eschewing personal privacy in exchange for... corporate privacy? It used to be years ago, I could setup a web server on a xDSL line from home and run a small business off of that. Of course, few people want to post their cell phone number (often their only number) online, or any other method of direct contact. Amongst other things, that would invite spam. So along come these anonymization services so we can have an online presence without giving up our privacy -- and now that's been declared illegal? So domains owned by individuals or sole-proprietorships are screwed, but corporations have little to worry about: They can just assign some random techie to be the contact for their domain.
Re:Problem (Score:4, Informative)
It's not that privacy is illegal...it's that privacy + spamming = violation. CAN-SPAM, for all its toothlessness, requires valid contact information for the domains involved in mass emails, so using anonymized WHOIS entries is right out if you're sending mass emails. This is, I think, perfectly fine. If you're going to be contacting millions of people, it's only fair that they should be able to contact you back.
That says noting about your ability to run a small business with anonymized WHOIS off a small DSL line...as long as you're not sending mass emails around, your WHOIS anonymity will never run afoul of the spam laws.
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If a girl works as a stripper or porn star, then raping her is legal, is that correct?
Well, if there were a law that specifically said all strippers and porn stars no longer had the right to consent, I guess you'd be right.
While that law does not exist, there does exist a law wherein a spammer must identify themselves, comply with unsubscribe requests, etc.
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While that law does not exist, there does exist a law wherein a spammer must identify themselves, comply with unsubscribe requests, etc.
The law exists that they have to have information available where you can contact them, not that all their information should be made public. If they include a mailing address and phone number in the spam message, then there's no legal reason why the domain must show the purchaser's contact information as well. Simply because you can have sex with a prostitute does not mean you can legally rape her.
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The law exists that they have to have information available where you can contact them, not that all their information should be made public. If they include a mailing address and phone number in the spam message, then there's no legal reason why the domain must show the purchaser's contact information as well.
Well, this would be where you and the judge disagree, I guess. I would assume that complete information is better than incomplete information, but I suppose you'll just have to read the actual decision to get that level of detail.
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So along come these anonymization services so we can have an online presence without giving up our privacy -- and now that's been declared illegal?
From the header:
Although the ruling does not make use of WHOIS privacy illegal, it does serve as a clear message from the court that coupling the use of privacy services with intentional spamming will likely result in a violation of the CAN-SPAM act.
Cough. You were saying?
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So even if I offer a legitimate service online -- advertising it via e-mail is subject to the CAN-SPAM act.
Unsolicited advertising by e-mail, yes, is. For good reason, as that's exactly what spam is -- unsolicited advertising by e-mail.
The whois 'privacy mode' (the only thing this article is discussing) has not been ruled illegal in the States for any other reason than spamming. Your anonymising internet service example is perfectly safe from this ruling, unless you start spamming too -- sorry 'advertising it by e-mail'.
Maybe you should consider just not spamming everyone about your "WONDERFUL NEW ANONYMISING SE
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Everyone seems to be missing the point. Spamming while anonymous is forbidden by CAN-SPAM. You need to be identifiable, comply with unsubscribe requests, and participate in a whole host of other restrictions if you wish to send such email advertisements.
This decision does nothing but affirm the original law, which says 'be responsible', which really makes a lot of sense.
Frankly, if you want to take on this fight, then you really must fight the act itself, not just this decision.
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Obligatory checklist (Score:2, Redundant)
The court proposes a
( ) technical (X) legislative ( ) market-based ( ) vigilante
approach to fighting spam. The idea will not work. Here is why it won't work. (One or more of the following may apply to this particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)
( ) Spammers can easily use it to harvest email addresses
( ) Mailing lists and other legitimate email uses would be affected
(X) No one will be able to find the guy or collect the money
(
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Make the punishment for spamming execution by public stoning, allow anyone who receives a spam to short cut the process and execute the offender without a court case, with the understanding that they must provide proof after the fact or suffer the same fate as the spammer.
There are ways to stop this sort of thing, even if mine are over zealous to say the least. The reality of it is, too many people like yourself stand around and say 'it wont work' and saying that killing them won't work.
I assure you, if yo
No one is worried about this? (Score:2)
The court's decision:
The cited part of the law:
I'm afraid, some day this may be applied to people, who have nothing to do with actual spam...
Does not anybody see parallels with
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I'm amazed to be arguing with you about this. It almost feels like I have crossed over into the Twilight Zone. I love our freedoms, and fear the slippery slope of bad government. That being said, there's no substance to your concern.
Weird, right?
The text of the bill is here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ187.108.pdf [gpo.gov]
Here's a sample:
‘‘(a) IN GENERAL.—Whoever, in or affecting interstate or foreign
commerce, knowingly—
‘‘(1) accesses a protected computer without authorization,
and intentionally initiates the transmission of multiple commercial
electronic mail messages from or through such computer,
‘‘(2) uses a protected computer to relay or retransmit multiple
commercial electronic mail messages, with the intent to
deceive or mislead recipients, or any Internet access service,
as to the origin of such messages,
‘‘(3) materially falsifies header information in multiple
commercial electronic mail messages and intentionally initiates
the transmission of such messages,
‘‘(4) registers, using information that materially falsifies
the identity of the actual registrant, for five or more electronic
mail accounts or online user accounts or two or more domain
names, and intentionally initiates the transmission of multiple
commercial electronic mail messages from any combination of
such accounts or domain names, or
‘‘(5) falsely represents oneself to be the registrant or the
legitimate successor in interest to the registrant of 5 or more
Internet Protocol addresses, and intentionally initiates the
transmission of multiple commercial electronic mail messages
from such addresses,
or conspires to do so, shall be punished as provided in subsection
(b).
Every single stanza of that refers to electronic mail. I'm not certain how this law could be used to bootstrap
Clean GoDaddy - Clean 80% SPAM scum (Score:3, Interesting)
Old news - this was decided last October (Score:2)
This is US vs. Kilbride [uscourts.gov], decided last October. It apparently took Sedo a few months to notice.
It's actually a porno spam case left over from the Bush Administration. It's not like the Justice Department was doing anything effective about spam in general.
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Slashdot meta-score...
"old news" = 0 points
"Bush Administration" = 0 points
"anti-spam ineffective" = 0 points
Again, completely useless because... (Score:2)
That said, there are likely other reasons why this is useless; this was just the
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Forgive my ignorance, but what the hell are you talking about? "anoder false flag?" I have no idea what that phrase means.
And no, you do not "get this right," it's not forced WHOIS exposure, it's criminalizing the filing of anonymized data in abetting a crime (in this case, violation of the CAN-SPAM act). So, it's, at present, only an additional hammer against people already breaking the law. It's akin to felony murder. If you're committing a robbery, and someone has a heart attack while you're robbing the
Re: (Score:2)
How true! Those vile fiends who harbor negative opinions of Our Glorious Leader (may He live forever) often use this perverse concept of "anonymity" to hide from their well-deserved executions. Why, some of these filth actually express negative opinions about our government, if you can believe such wrong-headedness! And yet some people do everything in their power to make it easier for such criminals to carry on their activities. To not be identified and executed. It's disgusting!
I am not a lawyer (Score:2)
But my understanding is that this is being set up as a violation of the CANSPAM act, not as a new law.
So privatized whois is still perfectly legal, unless you are using it to hide the owner of a spamming operation.
-Rick
Re: (Score:2)
Yeah, that death penalty works well in Texas, doesn't it?