StopScum

The failure of CAN-SPAM

CAN-SPAM was destined for failure and after almost one year we have seen very few law suits and jail sentences.

"One of the provisions of CAN SPAM directed the FTC to consider implementing a do-not-spam list similar to the popular do-not-call list they maintain. The FTC diligently investigated the possibilities, and interviewed dozens of knowledgeable people including several CAUCE board members. They concluded that a do-not-spam list at this point would be unenforceable for a variety of reasons, notably that it's so easy to fake the source of e-mail that it would be very difficult to identify and go after violators." Source: CAUCE

The FTC is the federal agency responsible for enforcing the provisions of the CAN-SPAM law and they really don't seem to be very aggressive and or interested. Let's be clear, the USA delivers about 42% of the Internets Spam. You won't significantly reduce Spam until you place the enforcement authority in the hands of the States and let consumers sue Spammers and the advertisers who use Spam.

Spammers and the law

On the legal side of the issue, we do like the action which AOL took against Spam King Jeremy Jaynes, also known as Gavin Stubberfield. He was prosecuted not under CAN SPAM but under an older Virginia state law that makes it illegal to send unsolicited bulk e-mail with falsified routing information. Although Jaynes lives in North Carolina, the target of much of his spam was AOL, so the trial took place in Leesburg VA, the seat of the county where AOL is located. The jury found Jaynes guilty and sentenced him to nine years.

While this is a great first step, we need dozens of law suits and jail time for Spammers in a given 12 month period. AOL should not be the only Company engaged in these law suits. We would hope that deep pocketed companies like Microsoft, Yahoo, Earthlink, Google, and major hosts would sue dozens of Spammers every year. Some may be reluctant to due this because they are developing their own "authentication" system which they hope will become a standard. We are not very optimistic about the evolution of a standard and would always prefer to let consumers sue Advertisers who use Spam.

Let's repeat that just incase you missed it. Spammers can hide under rocks and seek off shore havens. While the Advertiser who uses Spam are generally a much easier target for a law suit. Many are well known companies and easy for the consumer to Sue and obtain a money judgment in Small Claims court.

Webmasters and Spam

We are continually dismayed by Webmasters who actually read Spam email and take the bait. Certainly, many of these folks are cheaters looking for a brand new Affiliate program to rob but many aren't. Don't read Spam. Don't support or join any affiliate program which uses Spam. We have never seen an Affiliate Network prosper long term who uses Spam.

Spyware and Spam

As more ISPs develop strong anti-Spam filters like AOL, we expect Spammers to increase the use of Spyware/Adware to infect your computer and turn it into a "zombie" which sends out millions of Spam Emails. This condition is also the result of more folks using broadband Net access which often results in Computers running 24/7. Some of the Spammers plan to set up more ecommerce sites, escrow companies, affiliate programs, and hosting companies. This fertile ground will produce even more infections and more Spam.

Spammers Love Blogs

Most of the major Forum scripts contain a robust set of tools to control abuse and lower Spam to an acceptable level. The same can not be said for Blogs. All Blog scripts and services! Spammers have found an easy mark with Comment Spam and track back Spam in Blogs. Thousand per day in a given Blog. Blogs have rundimentry controls at best and all the plug-ins in the world pail in comparrison to Spam control available in Forum scripts like vBulletin.