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A Case of Mistaken Identity

As far as facebook is concerned, your email is your identification. This is true for other social networks like linkedin, and is slowly catching on to many other Web 2.0 services. It actually makes a lot of sense that your unique identifier (your "ID") would be your email -- it's unique by definition, it's easy to remember and most services need the email information anyway... So if email is destined to become the equivalent of your social security number or identification number (depending on which country you live in) how do we proof check that the email address we typed does not contain any typos? more

Wow, Sanford Wallace Owes a Lot of Money

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. more

Jeremy Jaynes Gets One More Chance

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 discussed in more detail at the time 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. more

Colorado Has a New Spam Law

The governor of Colorado recently signed a new anti-spam law [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. Other observers 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... more

If It Spams Like a Duck…

We've been wondering what e360 hoped to gain with their recent lawsuits against Spamhaus and others. If they were trying to clarify the right of ISPs to protect their users from spam, then they've certainly done a good job -- especially in this particular case. If it wasn't clear before, Judge Zagel's explanation should satisfy even the most pedantic of filtering opponents: "ISPs acting in good faith to protect their customers are not liable for blocking messages that some spammer claims are not spam..." more

An Open Letter to Yahoo!‘s Postmaster

In June 2004, Yahoo! and a number of other companies got together to announce the Anti-Spam Technical Alliance or ASTA. While it appears to have been largely silent since then, ASTA did at least publish an initial set of best practices the widespread adoption of which could possibly have had some impact on spam... The majority of these are clearly aimed at ISPs and end users, but some are either generally or specifically relevant to email providers such as Yahoo!, Google or Microsoft... The problem: Since February this year, we have been receiving a significant quantity of spam emails from Yahoo!'s servers. In addition to their transport via the Yahoo! network, all originate from email addresses in yahoo.com, yahoo.co.uk and one or two other Yahoo! domains. Every such message bears a Yahoo! DomainKeys signature... more

Trust in Email Begins with Authentication

As most CAUCE supporters already know, forging 'From:' or other commonly seen email headers is trivially easy. It's one of the most frustrating oversights in the creation of Internet email technology -- though of course that's only obvious in hindsight; it was just fine for the pre-Internet networks of the late 1970s and early-mid 1980s. Since then, things have changed -- and the most interesting recent technological advancements in email have been in the realm of sender authentication, which encompasses ways to verify that the apparent sender of a message actually is the entity which sent it. more

A Flurry of CAN-SPAM Activity: Is It Meaningful?

Our four-year old oft maligned anti-spam legislation in this country, the CAN-SPAM act, has seen an uptick of activity this past week. Melinda Krueger sums up the sentiments of many in the anti-spam community in her Email Insider column today when she says, "there is no provision in the act against sending unsolicited email as long as you comply with the rest of the act. The motivation of the act was more to make voters feel politicians were doing something about this annoying problem." more

Virginia Supreme Court Rejects First Amendment Challenge to Spam Statute

Thanks to Prof. Goldman I see that the Virginia Supreme Court issued its opinion in Jaynes, the state-law criminal spam case that has wound its way through the courts there. It affirms the conviction and rejects the various challenges to Virginia's spam statute... As a side note I should say that it's not often one is actually excited to read an order in a case you're not involved with. This is definitely one of those instances where the excitement is palpable... The news reports billed the case as the first felony conviction for sending spam. more

Circumstantial Evidence of Yahoo’s CAPTCHA Being Broken

A couple of weeks ago, I read an article on Yahoo that some outfit in Russia claimed to have broken Yahoo's CAPTCHA for creation of new email accounts. Another blogger wrote that it was unlikely that the spamming outfit had achieved 100% success at breaking the CAPTCHA. Yet, in the past couple of weeks, I have noticed something that would seem to confirm the theory... more