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The
motivation for cleaning was not black-listing, it was AOLs aggressive pursuit of
Spammers supported by VA state law that is one of the (if not "the") toughest
with regards to computer abuse (including SPAM). Since many Spammers DO
operate out of the U.S. and/or market goods that are delivered from the U.S., it
doesn't matter much if they were trying to hide behind a China
server.
Abusing a computer system in VA is subject to VA law - even if the other
party sits in another state. Has nothing to do with Interstate
commerce.
Heck,
I have to file sales tax returns in many states that I've never set foot
in - just as long as THEIR state law finds some way to define "nexus".
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/
Anyone can spam
legally under CAN-SPAM, however almost no one follows the exact letter of the
law (for instance adding "ADV" to subject lines). I'm not sure where
federal and state law intersect on this one, but it would seem to be primarily
a federal issue since it generally involves interstate commerce.
My own
personal experience is that the clearly illegal stuff (forging/zombie spam)
that CAN-SPAM definitely targets has grown immensely in the last year, and
their tactics have become effectively DDOS attacks on mail servers (violating
yet other laws). Spamhaus has pictures of some of these guy's houses
even (tape recordings of threats too), yet all we hear about are these
occasional civil lawsuits, and a smattering of criminal actions while they
keep going with impunity. The RIAA has been more effective at stopping
file sharing than the government has been in stopping spam, and that's not
saying much. In fact the most remarkable thing that the government has
done is cave into industry and draft a law called CAN-SPAM that legalizes half
of it, and supersedes many state laws that went further.
I don't doubt
that you were told this however. Spamming AOL without some form of
obfuscation is pretty much going to be useless because they will get
blacklisted rather quickly otherwise.
Matt
Andy Schmidt
wrote:
Well, I CAN tell you that I have personal contacts with Spammers (who
keep wanting me to take their business) - and from casual conversations
about the "industry" I know that several DO clean any AOL
mailboxes from their lists before doing campaigns out of fear of litigation
based on VA law.
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/
This
sounds like an urban legend to me. Keep in mind that there was some
news release a few weeks ago that indicated AOL was seeing dramatically
less spam traffic. I think it is likely that AOL has succeeded in
blocking more spam, and the article was rehashed by someone that didn't
understand the topic and assumed that this meant a drop in spam.
This used to happen all the time, even in industry mags, back when the
Internet was becoming a big deal. Same thing with spam now.
I'm sure that they mess up articles about medicine, astronomy, etc., and
we just don't know enough to see through the
mistakes.
Matt
Dan Geiser wrote:
I don't get this article at all. How is this any different then sending
e-mails with using domains that you have no intention of ever using? Why
would you want to register the domain name and then associated yourself with
a domain used in a spam mailing? And from a technical standpoint why would
a distributed DNS system be overloaded by trying to lookup bogus domain
names?
----- Original Message -----
From: "Kami Razvan" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Tuesday, January 11, 2005 2:50 PM
Subject: [Declude.JunkMail] Interesting tactic..
<http://www.eweek.com/article2/0,1759,1749328,00.asp>
http://www.eweek.com/article2/0,1759,1749328,00.asp\
"One troublesome technique finding favor with spammers involves sending
mass
mailings in the middle of the night from a domain that has not yet been
registered. After the mailings go out, the spammer registers the domain
early the next morning."
Hmmmm
Kami
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