Well, there is SOME truth behind their allegation - it's just too bad, that
in this case, a spammer can use the truth for their purposes.

But, for anyone maintaining a VALID, subscription based mailing list,
SpamCops approach is troublesome, counterproductive at best, damaging at
worst (even if their intentions are good).  It frequently happens that a
prior customer is no longer interested in future mailings.  But, instead of
following directions to "unsubscribe" - they simply forward the email to a
spam-reporting service.

If that spam-reporting service doesn't provide me with the full unsubscribe
request, then everyone will be unhappy:

        a) the ex-customer will continue to receive mailings and be more and
more enraged about being "spammed",
        b) the business will continue to receive reports from Spamcop and
the like - to which they cannot react (lacking the identifying information)
        c) the mail server may end up being incorrectly black-listed.

If I read the allegations correctly, the spammer is NOT complaining about
being black-listed - but about the fact that they are not provided with the
necessary information to honor the customers "unsubscribe" request.  They
are also complaining that a report is filed with a third party (the spammers
ISP) - even the spammer has not been given the opportunity to actually
comply with the wishes of the "unsubscribing" user.

Ultimately, SpamCop should have some "mailer" service, where, for a fee, a
mailer can register their "unsubscribe" URL. Spamcop could automatically
"unsubscribe" any users who send in a spam report.  Then they could track,
which users have been unsubcribed with this particular mailer - and if
another report comes in AFTER having unsubscribed, THEN this could represent
a violation of law and would probably justify more drastic measures to be
taken.

Best Regards
Andy Schmidt

H&M Systems Software, Inc.
600 East Crescent Avenue, Suite 203
Upper Saddle River, NJ 07458-1846

Phone:  +1 201 934-3414 x20 (Business)
Fax:    +1 201 934-9206

http://www.HM-Software.com/


-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Todd Hunter
Sent: Wednesday, May 12, 2004 01:53 PM
To: [EMAIL PROTECTED]
Subject: Re: [Declude.JunkMail] Injunction against SpamCop


I wouldn't dismiss this too quickly.  The concern here is the 
trend.  Spammers using the law/can-spam act against companies that are 
fighting spam.  They don't have to win the suits, they just have to make it 
expensive, or  otherwise not worth it, like they have for many blacklists 
in the past year that shut down.

 From the looks of the judgement it appears like they are trying to prove 
that it is illegal for us to block or hold spam at all.  Or make us change 
our systems so that end users can see the spam and have the option to
opt-out.

Who do you think has more money to throw into this, Spammers or Spamcop?



Todd Hunter





At 12:41 PM 5/12/2004 -0400, you wrote:
>They are quite well blacklisted and the absense from SpamCop probably
>won't make a difference.
>
>Matt
>
>
>
>Jeff Maze wrote:
>
>>Anyone have a list of IP addresses that OptInRealBig.com uses to send 
>>out their mailings?  Declude Blacklist.. >:)
>>
>>The web site's IP is 69.6.21.239 which is assigned to JAYS WEB SERVICE 
>>JAYSWEBSERV-01 (NET-69-6-21-0-1) 69.6.21.0 - 69.6.21.255.  There are 
>>some interesting hostname when I did a scan of this IP bank, but 
>>nothing really worth while.
>>
>>-----Original Message-----
>>From: [EMAIL PROTECTED]
>>[mailto:[EMAIL PROTECTED] On Behalf Of Matt
>>Sent: Wednesday, May 12, 2004 11:20 AM
>>To: [EMAIL PROTECTED]
>>Subject: [Declude.JunkMail] Injunction against SpamCop
>>
>>Maybe if Scott Ricter of OptinRealBig can get himself an injunction 
>>against SpamCop, then maybe AOL, RR and every other damn ISP that 
>>they're listing can do the same :-/
>>
>>    http://zdnet.com.com/2100-1104_2-5210518.html?tag=sas.email
>>
>>But seriously, we all have Congress to thank for this glorious piece 
>>of leglislation that they call CAN-SPAM.
>>
>>Matt
>>
>>--
>>=====================================================
>>MailPure custom filters for Declude JunkMail Pro. 
>>http://www.mailpure.com/software/
>>=====================================================
>>
>>
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>
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>http://www.mailpure.com/software/
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