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	<title>John Levine &#45; CircleID</title>
	<link></link>
	<description>Postings from John Levine on CircleID</description>
	<dc:language>en</dc:language>
	<dc:rights>Copyright 2008, unless where otherwise noted.</dc:rights>
	<dc:date>2008-05-16T09:51:00-08:00</dc:date>
	
	
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	<item>
		<title> Wow, Sanford Wallace Owes a Lot of Money (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/851610_sanford_wallace_sued_myspace</guid>
		<link>http://www.circleid.com/posts/851610_sanford_wallace_sued_myspace</link>
		<description><![CDATA[Last September MySpace sued ur-spammers Sanford "Spamford" Wallace and Walt "Pickle Jar" Rines were for egregious violations of CAN SPAM. Neither responded, so as was widely reported, earlier this week the court granted a default judgement. Since they sent a lot of spam, the statutory damages came to an enormous $235 million. Even for Spamford, that's a lot of money. <a href="http://www.circleid.com/posts/851610_sanford_wallace_sued_myspace">More...</a>]]></description>
		<dc:date>2008-05-16T09:51:00-08:00</dc:date>
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	<item>
		<title> Jeremy Jaynes Gets One More Chance (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/85410_jeremy_jaynes_more_chance</guid>
		<link>http://www.circleid.com/posts/85410_jeremy_jaynes_more_chance</link>
		<description><![CDATA[n 2004 Jaynes became the country's first convicted spam felon under the Virginia anti-spam law. He's been appealing his conviction ever since, most recently losing an appeal to the Virginia Supreme Court by a 4-3 decision in February. As I <a href="http://weblog.johnlevine.com/Email/jaynesappeal.html">discussed in more detail at the time</a> the key questions were a) whether the Virginia law had First Amendment problems and b) whether Jaynes had standing to challenge it. The court answered No to b), thereby avoiding the need to answer a), the dissent answered Yes to both. <a href="http://www.circleid.com/posts/85410_jeremy_jaynes_more_chance">More...</a>]]></description>
		<dc:date>2008-05-04T10:44:00-08:00</dc:date>
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	<item>
		<title> Colorado Has a New Spam Law (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/84308_colorado_new_spam_law</guid>
		<link>http://www.circleid.com/posts/84308_colorado_new_spam_law</link>
		<description><![CDATA[The governor of Colorado recently signed <a href="http://www.taugh.com/1178_enr.pdf">a new anti-spam law</a> [PDF] into effect. Since CAN SPAM draws a tight line around what states can do, this law is mostly interesting for the way that it pushes as firmly against that line as it can. <a href="http://bnablog.bna.com/techlaw/2008/02/colo-spam.html">Other observers</a> have already done a legal analysis of the way it's worded to avoid being tossed out as the Oklahoma law was in Mummagraphics, and to make it as easy as possible for suits to meet the falsity or deception limits in CAN SPAM. To me the most interesting part of this law is its one-way fee recovery language... <a href="http://www.circleid.com/posts/84308_colorado_new_spam_law">More...</a>]]></description>
		<dc:date>2008-04-30T08:29:00-08:00</dc:date>
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	<item>
		<title> ICANN GNSO Votes to Kill Domain Tasting (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/84217_icann_gnso_kill_domain_tasting</guid>
		<link>http://www.circleid.com/posts/84217_icann_gnso_kill_domain_tasting</link>
		<description><![CDATA[The ICANN Generic Names Supporting Organization has had tasting on its agenda since last fall, with a staff report issued in January, and a <a href="http://gnso.icann.org/issues/domain-tasting/dnt-motion-6mar08.shtml">proposed anti-tasting policy</a> written in March. On Thursday the 17th, the GNSO put the proposed policy to a vote, and it passed overwhelmingly. Under ICANN <a href="http://gnso.icann.org/council/new-procedures.shtml#11">rules</a>, the ICANN board has to take up the resolution at its next meeting, and since it was approved by a supermajority, it becomes ICANN policy unless 2/3 of the board votes against it, which in this case is unlikely. <a href="http://www.circleid.com/posts/84217_icann_gnso_kill_domain_tasting">More...</a>]]></description>
		<dc:date>2008-04-21T06:59:00-08:00</dc:date>
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	<item>
		<title> Comcast 1, E360 0 (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/841110_comcast_vs_e360</guid>
		<link>http://www.circleid.com/posts/841110_comcast_vs_e360</link>
		<description><![CDATA[The judge in E360 vs. Comcast filed his order yesterday (read previous postings <a href="http://www.circleid.com/posts/83266_third_interesting_round_e360_comcast/">here</a> and <a href="http://www.circleid.com/posts/83610_comcast_fires_back_at_e360/">here</a>), and to put it mildly, he agreed with Comcast. It starts: "Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer." ...and from E360's viewpoint, goes downhill from there. <a href="http://www.circleid.com/posts/841110_comcast_vs_e360">More...</a>]]></description>
		<dc:date>2008-04-11T10:40:00-08:00</dc:date>
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	<item>
		<title> Sender Address Verification: Still a Bad Idea (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/sender_address_verification</guid>
		<link>http://www.circleid.com/posts/sender_address_verification</link>
		<description><![CDATA[A lot of spam uses fake return addresses. So back around 2000 it occurred to someone that if there were a way to validate the return addresses in mail, they could reject the stuff with bad return addresses. A straightforward way to do that is a <em>callout</em>, doing a partial mail transaction to see if the putative sender's mail server accepts mail to that address. This approach was popular for a few years, but due to its combination of ineffectiveness and abusiveness, it's now used only by small mail systems whose managers don't know any better. What's wrong with it? <a href="http://www.circleid.com/posts/sender_address_verification">More...</a>]]></description>
		<dc:date>2008-04-07T08:00:00-08:00</dc:date>
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	<item>
		<title> A Third, More Interesting Round in E360 vs. Comcast (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/83266_third_interesting_round_e360_comcast</guid>
		<link>http://www.circleid.com/posts/83266_third_interesting_round_e360_comcast</link>
		<description><![CDATA[In the past week, Comcast filed an answer, denying all of E360's charges, and attached to it a motion to file a most impressive <a href="http://www.circleid.com/pdf/come360-counterclaim.pdf">counterclaim</a>. The court granted the motion on Monday so the counterclaim has been filed. At about the same time, E360 filed its response to Comcast's previous motion to dismiss the suit due to its utter lack of legal merit. <a href="http://www.circleid.com/posts/83266_third_interesting_round_e360_comcast">More...</a>]]></description>
		<dc:date>2008-03-26T18:17:00-08:00</dc:date>
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	<item>
		<title> More on the Soloway Case (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/83207_more_the_soloway_spam_case</guid>
		<link>http://www.circleid.com/posts/83207_more_the_soloway_spam_case</link>
		<description><![CDATA[I've now read Soloway's plea agreement. Despite some claims from his lawyers that it's some kind of victory that he only pleaded to three of the 40 charges, with the rest being dismissed, it's clear from the agreement that he indeed did just about everything that the government charged. The government as is usual had several similar charges in each category. <a href="http://www.circleid.com/posts/83207_more_the_soloway_spam_case">More...</a>]]></description>
		<dc:date>2008-03-20T07:03:00-08:00</dc:date>
	</item>
	
	<item>
		<title> Robert Soloway Pleads Guilty (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/83158_robert_soloway_pleads_guilty</guid>
		<link>http://www.circleid.com/posts/83158_robert_soloway_pleads_guilty</link>
		<description><![CDATA[Large scale spammer Robert Soloway, whose criminal trial was scheduled to start in a week and a half pled guilty to most of the charges against him. The indictment made three categories of charges. Counts 1-10 were mail fraud, due to Soloway delivering his spamware through the mail, and the product egregiously failing to be what he said it was, notably including 30 million addresses purported to be opt-in. Counts 11-17 seven were wire fraud, sending spam making false claims about the product, support, guarantee... <a href="http://www.circleid.com/posts/83158_robert_soloway_pleads_guilty">More...</a>]]></description>
		<dc:date>2008-03-15T20:12:00-08:00</dc:date>
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	<item>
		<title> Comcast Fires Back at E360 (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/83610_comcast_fires_back_at_e360</guid>
		<link>http://www.circleid.com/posts/83610_comcast_fires_back_at_e360</link>
		<description><![CDATA[Back in January, bulk mailer E360 filed a suit against giant cable ISP Comcast. This week Comcast responded with a withering response... Their memorandum of law wastes no time getting down to business: "Plaintiff is a spammer who refers to itself as a "internet marketing company," and is in the business of sending email solicitations and advertisements to millions of Internet users, including many of Comcast's subscribers." Comcast's analysis is similar to but even stronger than the one I made in January... <a href="http://www.circleid.com/posts/83610_comcast_fires_back_at_e360">More...</a>]]></description>
		<dc:date>2008-03-06T09:19:01-08:00</dc:date>
	</item>
	
	<item>
		<title> The Anti-Phishing Consumer Protection Act of 2008 (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/83410_anti_phishing_consumer_protection_act</guid>
		<link>http://www.circleid.com/posts/83410_anti_phishing_consumer_protection_act</link>
		<description><![CDATA[Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... <a href="http://www.circleid.com/posts/83410_anti_phishing_consumer_protection_act">More...</a>]]></description>
		<dc:date>2008-03-04T10:06:00-08:00</dc:date>
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	<item>
		<title> More on the Front Running Class Action Suit (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/82289_more_on_front_running_class_action</guid>
		<link>http://www.circleid.com/posts/82289_more_on_front_running_class_action</link>
		<description><![CDATA[Several people pointed out that although the suit still hasn't appeared in PACER, copies of the complaint are available online, including <a href="http://blog.lextext.com/_attachments/3547790/nsi-class-action-complaint-final.pdf">this one</a> [PDF] at Lextext. Having read it, I'm rather underwhelmed... I do not purport to be a lawyer (nor do I usually play one on the net), but it's hard to see how the facts, which are not in serious dispute, would support any of these charges. <a href="http://www.circleid.com/posts/82289_more_on_front_running_class_action">More...</a>]]></description>
		<dc:date>2008-02-28T08:33:00-08:00</dc:date>
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	<item>
		<title> The Front Running Class Action Suit (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/front_running_lawsuit_network_solutions</guid>
		<link>http://www.circleid.com/posts/front_running_lawsuit_network_solutions</link>
		<description><![CDATA[In a recent <a href="http://sev.prnewswire.com/computer-electronics/20080225/LAM06125022008-1.html">press release</a>, Los Angeles law firm Kabateck Brown Kellner says it's filed a class action suit against Network Solutions and ICANN for front running. (If you tuned in late, NetSol admits that if you query a domain name on their web site, they will speculatively register it so that it's only available through NetSol for five days, at their above market price.) This is a very peculiar suit... For one thing, it's hard to see how the total class damages would be large enough to be worth a suit... <a href="http://www.circleid.com/posts/front_running_lawsuit_network_solutions">More...</a>]]></description>
		<dc:date>2008-02-27T09:49:00-08:00</dc:date>
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	<item>
		<title> Neustar and Afilias Jump on the No-Tasting Bandwagon (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/82680_neustar_afilias_no_domain_tasting</guid>
		<link>http://www.circleid.com/posts/82680_neustar_afilias_no_domain_tasting</link>
		<description><![CDATA[In <a href="http://gnso.icann.org/mailing-lists/archives/council/msg04586.html">a message posted to the ICANN GNSO list</a>, Avri Doria forwarded along a most interesting document from Neustar, who runs the .biz domain... Neustar proposes to change their registrar agreement so that each registrar will only get credit for deletions of 10% of their new domains, with a few minor exceptions for tiny registrars and bulk registrations due to one-time mistakes. They say they expect Afilias to propose the same change for .info.  <a href="http://www.circleid.com/posts/82680_neustar_afilias_no_domain_tasting">More...</a>]]></description>
		<dc:date>2008-02-06T08:50:00-08:00</dc:date>
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	<item>
		<title> Domain Tasting to Go Away for Real This Time (Featured Blog)</title>
		<guid isPermaLink="true">http://www.circleid.com/posts/81299_domain_tasting_ends</guid>
		<link>http://www.circleid.com/posts/81299_domain_tasting_ends</link>
		<description><![CDATA[At last week's meeting, the ICANN board uncharacteristially did something and voted to make their fee of 20 cents per domain-year nonrefundable. They expect this to stop both <a href="http://www.circleid.com/posts/domain_in_bad_taste/">domain tasting</a> and <a href="http://www.circleid.com/posts/81082_network_solutions_front_running/">NSI's frontrunning</a>, which it certainly will. It's not clear when this change will go into effect, but it might be within a month. <a href="http://www.circleid.com/posts/81299_domain_tasting_ends">More...</a>]]></description>
		<dc:date>2008-01-29T09:30:00-08:00</dc:date>
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