Comments on: Earthlink Files Four New Lawsuits Under That “Miserable Failure”, CAN-SPAM http://www.theinternetpatrol.com/earthlink-files-four-new-lawsuits-under-that-miserable-failure-can-spam/ Internet Safety, Windows Updates, Internet News, and More Sat, 21 Nov 2009 20:31:39 +0000 http://wordpress.org/?v=2.6.3 By: Kelson http://www.theinternetpatrol.com/earthlink-files-four-new-lawsuits-under-that-miserable-failure-can-spam/#comment-1040 Kelson Fri, 11 Feb 2005 20:39:16 +0000 /?p=367#comment-1040 If a law is passed against an activity, and that activity <em>increases</em> after the law goes into effect, then yes, I think it can be called a failure. Maybe a year isn't enough time to judge it, but so far CAN-SPAM has been about as effective as blocking a fire hose with a teaspoon. At <em>best it may have slowed the growth down a bit, but not only are we getting more spam, a lot of it flagrantly violates the law, sending junk to harvested addresses via abused proxies while using forged headers, with no reliable unsubscribe method. If CAN-SPAM manages enough convictions and enough long sentences, maybe it will start acting as a deterrent. Or maybe they'll just start sending "compliant" spam. But given the disrespect many spammers have shown to existing laws (and to society in general), it's hardly a surprise that so many are ignoring it now.</em> If a law is passed against an activity, and that activity increases after the law goes into effect, then yes, I think it can be called a failure.

Maybe a year isn’t enough time to judge it, but so far CAN-SPAM has been about as effective as blocking a fire hose with a teaspoon. At best it may have slowed the growth down a bit, but not only are we getting more spam, a lot of it flagrantly violates the law, sending junk to harvested addresses via abused proxies while using forged headers, with no reliable unsubscribe method.

If CAN-SPAM manages enough convictions and enough long sentences, maybe it will start acting as a deterrent. Or maybe they’ll just start sending “compliant” spam. But given the disrespect many spammers have shown to existing laws (and to society in general), it’s hardly a surprise that so many are ignoring it now.

]]> By: Timmer http://www.theinternetpatrol.com/earthlink-files-four-new-lawsuits-under-that-miserable-failure-can-spam/#comment-1018 Timmer Thu, 10 Feb 2005 16:51:47 +0000 /?p=367#comment-1018 My expectations were that it would be enforced, that action would be taken against major spammers. During Prohibition, bootleggers were arrested, tried, and convicted. Murderers are arrested, tried, and convicted. “You-Can-Spam� has been in effect for over 13 months, what has it accomplished? How much spam is “CAN-SPAM compliant�? According to MX Logic, 97% of 2004 spam did not comply. (http://www.mxlogic.com/news_events/01_03_05.html) How much spam has You-Can-Spam stopped? From the looks of my mailboxes and logs, none. It has, in fact, increased. However, I am getting more spam with “unsubscribe� links and hashbusted physical addresses. How many arrests have there been under You-Can-Spam? Googling shows 5. How many convictions? 1, and that was a guilty plea from the “Warspammer�, Nicholas Tombros. How many civil judgements? 0 to date. Still getting spam from Atriks, Neomill, Wholesalebandwidth, and other “major� spammers. Still receiving spam to harvested addresses, includinig "You-Can-Spam compliant" spam. If I didn’t ask for it, it’s spam, whether it includes an unsub link and/or physical address or not. All “You-Can-Spam� does is attempt to legitimize *some* spam. “Miserable failure�? It's hard for a law to fail when all it does is lower standards and expectations. “Meaningless, toothless waste of time�? Oh yeah. My expectations were that it would be enforced, that action would be taken against major spammers.

During Prohibition, bootleggers were arrested, tried, and convicted. Murderers are arrested, tried, and
convicted.

“You-Can-Spam� has been in effect for over 13 months, what has it accomplished?

How much spam is “CAN-SPAM compliant�? According to MX Logic, 97% of 2004 spam did not comply. (http://www.mxlogic.com/news_events/01_03_05.html)

How much spam has You-Can-Spam stopped? From the looks of my mailboxes and logs, none. It has, in fact, increased. However, I am getting more spam with “unsubscribe� links and hashbusted physical addresses.

How many arrests have there been under You-Can-Spam? Googling shows 5.

How many convictions? 1, and that was a guilty plea from the “Warspammer�, Nicholas Tombros.

How many civil judgements? 0 to date.

Still getting spam from Atriks, Neomill, Wholesalebandwidth, and other “majorâ€? spammers. Still receiving spam to harvested addresses, includinig “You-Can-Spam compliant” spam. If I didn’t ask for it, it’s spam, whether it includes an unsub link and/or physical address or not. All “You-Can-Spamâ€? does is attempt to legitimize *some* spam.

“Miserable failureâ€?? It’s hard for a law to fail when all it does is lower standards and expectations. “Meaningless, toothless waste of timeâ€?? Oh yeah.

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