Re: [SAtalk] forged habeus mark

2004-01-12 Thread Chuck Peters

I think I received my first  Habeas SWE (tm) email today and what do you
know, it's V|@gra spam.

X-Habeas-SWE-1: winter into spring
X-Habeas-SWE-2: brightly anticipated
X-Habeas-SWE-3: like Habeas SWE (tm)
X-Habeas-SWE-4: Copyright 2002 Habeas (tm)
X-Habeas-SWE-5: Sender Warranted Email (SWE) (tm). The sender of this
X-Habeas-SWE-6: email in exchange for a license for this Habeas
X-Habeas-SWE-7: warrant mark warrants that this is a Habeas Compliant
X-Habeas-SWE-8: Message (HCM) and not spam. Please report use of this
X-Habeas-SWE-9: mark in spam to http://www.habeas.com/report/.
...
X-Spam-Checker-Version: SpamAssassin 2.60 (1.212-2003-09-23-exp) on
hevelius.linuxtech.com
X-Spam-Status: No, hits=-6.0 required=4.0
tests=BAYES_50,BIZ_TLD,CLICK_BELOW,
HABEAS_SWE,HTML_50_60,HTML_LINK_CLICK_HERE,HTML_MESSAGE,
MIME_HTML_ONLY,MIME_HTML_ONLY_MULTI,RCVD_IN_SORBS autolearn=ham
version=2.60
X-Spam-Level:


Can someone explain why HABEAS_SWE -8.0 was allowed to happen?

It is a stupid idea in my opinion! I am supposed to submit my email
address to this place to report spam. Sounds like the typical spammer
saying they will take you off a list...  And I would have to pay them
money for our newsletter, why would I want to pay them?

If SA will include this bogus HABEAS_SWE stuff, how about including
our minus points for our domains, especially our newsletter at
starrymessenger.net?

I heard about efforts to have some gpg like headers in email, now that
sounds like something that could work well.  Can someone point me to such
a place?

This is cute...
http://www.habeas.com/company.html
Habeas began as an ingenious solution to a newly discovered problem. One
evening, our chairman and founder was playing with SpamAssassin. While he
loved the fact that it filtered out unwanted emails, he noticed that some
valuable legitimate emails were getting mis-classified as spam and blocked
from his in-box. To solve the problem, he took a little poetic license and
dreamed up the Habeas haiku x-headers. Now we're a Palo Alto-based company
using poetry and the law to fight spam and help your wanted email get
through.

Ingenious my ass!  I expect them to be on fuckedcompany.com as another dot
bomb.


Other than this issue and the earlier RBL problem which wasn't SA's fault,
I am quite pleased with how well SA is reducing our spam problem.

Thanks,
Chuck

Griffith Observatory Star Award
for excellence in promoting astronomy to the public through the World Wide Web.
StarrySkies Network The Starry Messenger
http://StarrySkies.comhttp://StarryMessenger.Net
publishing science  the weekly newsletter of
articles since 1995.the StarrySkies Network
Chuck Peters, Systems Administrator, Network Engineer and Linux Tech.


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Re: [SAtalk] forged habeus mark

2004-01-12 Thread Bob Apthorpe
Hi,

On Mon, 12 Jan 2004 02:10:17 -0500 (EST) Chuck Peters
[EMAIL PROTECTED] wrote:

 
 I think I received my first  Habeas SWE (tm) email today and what do you
 know, it's V|@gra spam.

There's a lot of that going around today. My copy came from an open
proxy in SBC netowrk space somewhere near Tulsa, OK:

Received: from adsl-65-64-51-68.dsl.tulsok.swbell.net
 (adsl-65-64-51-68.dsl.tulsok.swbell.net [65.64.51.68])
 by chimmx05.algx.net (iPlanet Messaging Server 5.2 HotFix 1.16 (built May 14
 2003)) with SMTP id [EMAIL PROTECTED] for [EMAIL PROTECTED]
 (ORCPT [EMAIL PROTECTED]); Sun, 11 Jan 2004 23:19:30 -0600 (CST)

 Can someone explain why HABEAS_SWE -8.0 was allowed to happen?

[snip]

Pretty simple: Habeas sues people who dilute their trademark and
distribute their intellectual property without permission. See
http://www.habeas.com/companyPressPR.html for people they've sued into
compliance. It's generally a good ham sign.

 It is a stupid idea in my opinion!

[rant deleted]
 
 This is cute...
 http://www.habeas.com/company.html
 Habeas began as an ingenious solution to a newly discovered problem. One
 evening, our chairman and founder was playing with SpamAssassin. While he
 loved the fact that it filtered out unwanted emails, he noticed that some
 valuable legitimate emails were getting mis-classified as spam and blocked
 from his in-box. To solve the problem, he took a little poetic license and
 dreamed up the Habeas haiku x-headers. Now we're a Palo Alto-based company
 using poetry and the law to fight spam and help your wanted email get
 through.
 
 Ingenious my ass!  I expect them to be on fuckedcompany.com as another dot
 bomb.

Actually, Habeas has a pretty innovative strategy and it has worked
fairly well for them and their customers until this week. I haven't seen
any Habeas-marked spam since the company's inception, at least none in
the last 8400 or so spams I have on file. Habeas' value is that they
actually sue people who misuse their mark. Provided that their customers
follow some basic rules on how to conduct a mass-mailing, the Habeas
mark is usually a good indicator that the mail is legit (1 forged mark
in 8400+ spams here or 0.012%.)

Short answer: Someone's forging Habeas' mark, Habeas will track them
down and sue them, the spammers will stop forging Habeas' mark, life
goes on...

-- Bob


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RE: [SAtalk] forged habeus mark

2004-01-12 Thread Gary Smith
As with all all other attempts we really need to see the proof in the pudding...  If 
the zombies start using it then who do you sue?  Then we receive 8400+ per 8400+ 
emails.  Not to sound bad but I think that Habeas has an uphill battle trying to hit 
the spammers.  They need to get some better laws on their side that make it criminal 
(as opposed to civil).  Then the spammers will have something to fear because then the 
legal issue isn't a joke.  You can be fined but never truely have to pay but 10 days 
in jail really screws with people :)  So, back to lobbying for better protections...  
Just my $0.02
 
G-



Short answer: Someone's forging Habeas' mark, Habeas will track them
down and sue them, the spammers will stop forging Habeas' mark, life
goes on...

-- Bob


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Re: [SAtalk] forged habeus mark

2004-01-12 Thread Bob Apthorpe
Hi,

On Sun, 11 Jan 2004 23:58:37 -0800 Gary Smith [EMAIL PROTECTED] wrote:

 As with all all other attempts we really need to see the proof in the
 pudding...  If the zombies start using it then who do you sue?

The same people you always sue: the people with the money. :)

 Then we receive 8400+ per 8400+ emails.  Not to sound bad but I think that
 Habeas has an uphill battle trying to hit the spammers.

As does everyone...

Then again, Habeas' mission is not to stop spammers, it's to ensure
delivery of their customers' email.

 They need to get some better laws on their side that make it criminal
 (as opposed to civil).

They don't need more law, they need more lawyers. Habeas is playing a
subtle legal game with intellectual property, one that's fairly
successful at dissuading spammers from forging their mark.

528/55146 ham (0.957%), 1/8371 spam (0.012%). That's 80x more likely to
show up in ham than spam. Still a pretty good ham sign according to my
corpus.

Results aren't instantaneous but as they say, the wheels of justice turn
slowly but they grind exceedingly fine.

 Then the spammers will have something to fear because then the
 legal issue isn't a joke.  You can be fined but never truely have to pay
 but 10 days in jail really screws with people :)  So, back to lobbying
 for better protections...  Just my $0.02

The spammers' lawyers will need to be paid and legal time is not cheap,
especially if you are being sued by (or defended by) competent counsel.
Spam is at it's core an economic crime; increase the costs to those
benefitting from spamming high enough and it suddenly becomes
unattractive. Comparatively, the deterrence value of jail time is
laughable. No judge is going to jail a spammer when he's got a docket
full of mandatory jail time drug 'offenders', the local jail system is
already overcrowded, and the electorate doesn't feel like paying for
more prison space. At worst, the spammer will get probation and a slap
on the wrist, assuming you can find anyone willing to prosecute, and
assuming you actually can prosecute under the (YOU-)CAN-SPAM Act.

Civil court has lower standards of evidence and you can do much more
economic damage with it. Prosecuting someone for spamming is dicey;
judges don't want to deal with it because it's new territory and it's
hard for most people to see it as a crime (or tort or whatever.)
Judges _do_ understand well-tread areas of civil law like copyright
infringement and trademark dilution and if your company was founded and
run by lawyers (as was Habeas), it's a trivial matter to start the legal
wheels turning to protect your mark and other IP. Remember, the point is
not to sue and win, or put people in jail, or even fine them; the point
is to stop their behavior, in this case forging Habeas mark.

Until I see rampant abuse of the Habeas mark, I'm not going to worry
about it. YMMV. :)

-- Bob

(who is not a lawyer but has watched arguments about Habeas on SPAM-L
since Habeas' foundation several years ago and who spent quality time
sharing an office with a real live lawyer who worked on real live
intellectual property disputes. Tip: You can give certain lawyers
horrible migraines by interchanging the words  'copyright', 'patent',
and 'trademark'. It drives them utterly batty.)


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RE: [SAtalk] forged habeus mark

2004-01-12 Thread Gary Smith
LOL... More lawyers... That's the problem :).  The good spammers have them.  
 
Gary

-Original Message- 
From: [EMAIL PROTECTED] on behalf of Bob Apthorpe 
Sent: Mon 1/12/2004 12:59 AM 
To: [EMAIL PROTECTED] 
Cc: 
Subject: Re: [SAtalk] forged habeus mark





They don't need more law, they need more lawyers. Habeas is playing a
subtle legal game with intellectual property, one that's fairly
successful at dissuading spammers from forging their mark.



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