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Spam Punishment Doesn't Fit the Crime
Mark Rasch, 2004-12-27

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Spam Punishment Doesn't Fit the Crime 2004-12-27
Todd Knarr (1 replies)
Your argument sounds reasonable, but it glosses over one thing. The costs of spam aren't just the direct costs of handling and deleting the spam e-mails. The costs also include the costs of legitimate messages lost in the pile of garbage (eg. the multi-million-dollar contract lost because in trying ...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
NPD
I have to agree with Todd. The other fallacy, contained in the excerpt, is the red herring. You say something to the effect of "how can spammers get harsher sentences than war criminals".

There are 2 problems here. International law and U.S. law are different, carry different sentences for diffe...

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Spam Punishment Doesn't Fit the Crime 2004-12-27
Tom
Hi,

Just a quick factual correction - Bhopal was two decades ago.

Thanks
Tom Parry-Jones
Gamerseurope.com...

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Spam Punishment Doesn't Fit the Crime 2004-12-27
Peter
I agree that each individual spam is not as serious as a robbery, but you have to look at the huge scope of people affected. A single robbery only affects one person, a deceptive email can defraud tens of thousands.
Also, I did find the article sort of pointless. How can you make the claim that t...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Anonymous (1 replies)
Mark: I think 9 years of sentence is well deserved. If anything, in all other cases the sencences should have been harsher. I would like to see spammers/hackers sentenced along the same lines as conmen and bank robbers....

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Spam Punishment Doesn't Fit the Crime 2004-12-31
Cd-MaN
Please, do not use the term hacker. It is an insult to a lot of smart and very talented people.

http://en.wikipedia.org/wiki/Hacker...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Anonymous
I sort of agree. There is that feeling of "something has to be done" floating around out there in userland. Everytime that happens watch out! I remember there was the case of this guy that had a pretty disgusting thing where guys paid a lot of money to hunt girls with paintball guns in the woods. F...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Anonymous
Yes, nine years in jail is excessive, but people are ANGRY about this subject and the only way to stop this spam scourge is to put the fear of God into spammers....
Let's all hope it works!...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
ignatz
I believe you're only 1/4 right. Spamming is an economic affront, and punishment should be based on economic sanctions. Thus, I don't believe a spammer should get 9 years in the pokey to develop a close relationship with a bruiser named Bruno.

But I DO believe that any fine--no matter how large...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Anonymous
I think you're right about engaging spammers by making sure that noone actually uses their services/products will, in the end, be the only way to stop spam completely. But fining the people buying the spammer's wares may have undesirable reprecussions. So, in the long run, it may not be the right ...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Anonymous (2 replies)
The punishment DOES fit the crime. We, who have to constantly clean out our email inboxes to rid ourselves of the unwanted garbage forced on us by these commercial leaches, are tired of putting up with spam. I think nine years in jail is just right....

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous (1 replies)
It is not proportional. I would like sommeone to calculate whatever it takes 9 years to clean your mailbox.
I would also like the same sentences applied to companies that do mail marketting.
In any case we cannot compare the financial loss due to SPAM to the loss of human lives. I think this is wh...

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Spam Punishment Doesn't Fit the Crime 2005-01-07
Anonymous
No, if you send ten billion spams and on average they take 1 second then you are waisting 317 years of people's lives (and note that these are waking years -- the 9 years in jail includes time for him to sleep). The punishment seems to fit....

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous
so the fact that some guy could rape you or someone you love and get less jail time doesn't bother you? That doesn't seem lopsided?

And if we're talking economics, cost of my time, say at $50US/Hour to clean up spam for my employer, maybe 25 ... but how much of that $50/hour is eaten in taxes ...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Repoman (4 replies)
The users of spam are punished, if they are so stupid to patronize a business so unethical as to use spam marketing, they deserve what they get.

I say hang the spammers! Hang 'em once for every email they sent me, and then hang 'em again.

Then they should be tarred and feathered and castrated!...

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From one extreme to the next 2004-12-28
Anonymous
While I think spammers are really the scum of the Internet, I think this article does have some valid points.

People who commit armed robbery, sexually assualt innocent people, and companies that defile the environment and destroy people's retirement funds through fraud should not be getting ligh...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
Calm Down.

Castration may be going a bit far....

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
Consider what it would be like for *YOU* to spend 9 years in jail:

Imagine staying in your home, with no net, no pc, no tv, no music, no books, no one to talk to, none of your friends and nothing to do for a *VERY* long time (108 months!).

Now imagine having to live on a dark place, being push...

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous (1 replies)
why they are at it, but better get those bastards that put those advertisements in my postal mail. Hang the junk mailers high! Wait, what about broadcast TV, there are ads on that too ... I didn't want those ads! And over the radio...

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Spam Punishment Doesn't Fit the Crime 2005-01-03
Fred Fighter
Advertisements on radio, television, in the
movie theaters, in newspapers and magazines,
even on webpages help offset your costs when
you use those media. In those cases the
advertisement subsidizes the users.

Not so for spam. Spammers pay nothing to
YOUR isp, their advertising is subsidi...

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Mark Bryant (2 replies)
I spend anywhere from 2 to 5 hours each week on spam related issues. There are 150 employees in my medium sized company. If each of us only spends 2 hours a week deleting spam that is 15,000 hours a year (minus 2 weeks for vacation.) If our median wage is $10/hour (a VERY low estimate) the cost in l...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
Right. For some reason I don't understand, destroying something isn't considered as bad as stealing the same thing from the owner. In some ways, it's worse - you cannot possibly restore the stolen item to the owner.

For example, some years ago, there was an uproar because an American teenager g...

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous (1 replies)
I cannot understand, how is it possible to compare financial loss with the loss of human lives ? ...

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Spam Punishment Doesn't Fit the Crime 2005-01-04
Mark Bryant
Loss of human life? What are you on about? No one is getting the electric chair for this....

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Spam Punishment Doesn't Fit the Crime 2004-12-28
Anonymous
I think part of the problem is with the enforcement. The punishments may well be out of proportion to the crime that the conviction was for. The problem is that it's taking a huge amount of time and effort in order to make cases against only a small minority of spammers, and for a small proportion o...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
You're right, it is too harsh. I think I should turn off my company spam filter for a couple of weeks and then we could lock the spammer in a room with some of my weary email users that are receiving several hundred spam messages per day. That would be justice!...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
freecode
Sorry, I think the sentences are too lenient and do not have enough penalties in the wallet. For all of his time, DeGroot still kept his money. $10 per message isn't near enough. I think that $100/message should be the fine and for every single email sent. 50% of that money should go to local taxes ...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous (1 replies)
I agree, if this will teach other spammers a lesson.

I bet the judge had sufferd from spam too ;)

But i this attitude, will force spammers to use compromised machines to spam, and to stay undetectable....

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous
They are already doing that.
...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
I peacefully disagree with you. A punishment should fit the crime, yes, but it should also have the effect of deterring others from committing the crime, and also it should be severe enough to actually cause the offender to flinch. When you're talking about a massive company (like Micro$oft)that h...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
Here's a formulation I've seen used before in relation to cost savings from spam prevention. Each spam takes an average 5 seconds to deal with. Multiply # of spam * 5 seconds * avg pay/second in your company.

By that very crude formulation the 7,000-10,000 spam per day our organization blocks wo...

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous
People need to be educated on how to keep themselves from getting on spam lists.
One way is to not fill out online forms with personal or business email account contact info. Set up a hotmail account and use this address for any online forms that are filled out.

Should the same laws apply to ju...

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Spam: Punishment 2004-12-29
Anonymous
An e-mail address is a piece of personal information just like any other piece of information about you. If you publish something on the internet, you better be ready for the possibility of some dimwit abusing it. If your address is so precious to you that you would rather see other people rot in ja...

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Exactly 2004-12-29
Aenox (2 replies)
Ridiculous that these people's lives are being ruined for committing a minor annoyance that people will continue to commit as long as it is effective. If more were done to block spam rather than punish the culprits, it would stop on its own without the need of "technophobic" court time.

Nice one ...

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Exactly 2005-01-01
Anonymous (2 replies)
You obviously do not have a technical background, this message is absurd. First, spammers (And as a hosting company I can vouch for this with real log files) often use programs that send spam to servers without knowing the names of people on that server, that is, without their email addresses, they...

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Exactly 2005-01-05
Anonymous
If you were to block the IPs that repeatedly made these deliveries, surely the bandwidth lost would be miniscule, even with thousands trying to post....

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Exactly 2005-01-05
Aenox
If you were to block the IPs that repeatedly made these deliveries, surely the bandwidth lost would be miniscule, even with thousands trying to post....

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Exactly 2005-01-02
cj (1 replies)
You are ignorant - simple. A sheep brainwashed by the media....

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Exactly 2005-01-05
Aenox
Brainwashed sheep? How orginal. Since when do the media find spamming acceptable? What are you talking about....

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Spam Punishment Doesn't Fit the Crime 2004-12-29
Anonymous (1 replies)
So - increase the punishment for murder, rape, armed robbery, and toxic incidents.

Spammers don't just inconvenience or harrass, they aid and abett criminal activity in a large way and threaten the internet and internet commerce as a whole.

Let em' hang and let God sort them out.
...

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous
Right. Let's restructure the entire justice system to accommodate harsher sentences for spammers. Why not make it simple and give 'em all the death penalty? Certainly that would stop the spam problem. And as we all know, the ends can always justify the means!...

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We are sending people to prison because of an inconvenience 2004-12-30
Anonymous (1 replies)
We are sending people to prison because of an inconvenience (a big one but still, an inconvenience). Anyone who agrees with such stiff penelties because they were inconvenienced is begging for more stupid government legislation. Don't get me wrong I hate spam to, but the sudden response from a bunch...

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We are sending people to prison because of an inconvenience 2005-01-03
Mark Ferguson

May I start by saying that spam is a crime and not just an annoyance? It crippled Pacific Bell?s mail system some years back and cost each individual user at least two dollars a month in their fees. This does not even address the issues of consent and the greater impact forcing oneself upon anot...

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Spam Punishment Doesn't Fit the Crime 2004-12-30
Anonymous (2 replies)
Mark,

you are comparing apples with oranges.

The spammers convicted didn't get convicted for a single spam, or a single crime. They did get convicted for millions, if not billions of crimes! If the spammer is sentenced to 9 years in total, he serves not even 1 second per crime.

Compare that...

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Spam Punishment Doesn't Fit the Crime 2004-12-31
Anonymous
How much time is one spam worth though? 0 seconds. 0 * billions =...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
Anonymous
The grimes they permit and the punishment they receive is light work next to what I would do to them ..................

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Spam Punishment Doesn't Fit the Crime 2004-12-31
redm
Was this a low security prison? Not all prisons are maximum security lockdown types. Aside from the loss of freedom, it might not be so bad. Not wanting to lose my freedom would still keep me on the straight and narrow.

I believe restitution is a good idea if you are looking for proportional puni...

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It's really much simpler than all that. 2004-12-31
Anonymous (4 replies)
It's the classic case of jungle vs. zoo; do you wish to be taken care of, or do you wish to take care of yourself? Those who wish all evil on spammers are demonstrating a need to be cared for, while those (such as myself) who don't much care about spam have a great desire to not have a big brother- ...

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It's really much simpler than all that. 2005-01-03
Steve
Something nobody has mentioned in comparing spam to junk snail mail -- mass mailings practically fund the post office. If there was no junk mail, sending a letter would cost you a few dollars instead of 37 cents (on par with sending a letter via UPS or FedEx). With snail mail, the advertiser pays...

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Re: It's really much simpler than all that. 2005-01-04
bl0rf
All of this is to be expected from a society which is not mature enogh to accept a futuristic communications medium such as the Internet. Fear and hype distort judges' decisions and technological ineptitude is the reason for users' whininess. The fact that the issue of exuberant punishments for nonv...

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It's really much simpler than all that. 2005-01-04
Anonymous
It is a crime as information in spam is misleading, he intentionally fakes return addresses and uses false information in headers and title to trick/defraud people into thinking it is legitimate email. send the scum to jail and let him rot where he belongs....

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It's really much simpler than all that. 2005-01-05
Anonymous
I wish to take care of myself and as the sysadmin, I have a duty to protect my users from a deluge of spam.

My being inconvenienced by the small amount of spam making it into my inbox or that of my users is actually a a small problem compared to what would happen if I opened the firewall and swit...

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Spam Punishment Doesn't Fit the Crime 2004-12-31
fianna (1 replies)
I agree, these punishments are getting out of hand, it's an email. You cannot tell me that if you do not follow some procedure on how to send a proper spam message - you'll get 5-10 yrs and its justified. Who are these retards standing behind this policy....

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Spam Punishment Doesn't Fit the Crime 2005-01-03
Anonymous
The Maryland law was on the books and well known BEFORE the spammer chose to send out the spam.

A business (inc. spammers) have the responsibility to ensure that they operate their business consistant with the relavent laws, so you can safely say that the spammer knew, or should have known of the...

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Spam Punishment Doesn't Fit the Crime - It's too low 2004-12-31
Joe Zwers
When you look at the full numbers, the punishment doesn't fit the crime, it is too low.
According to an Associated Press article on the Spamhaus site (http://www.spamhaus.org/rokso/evidence.lasso?rokso_id=ROK43
35 )Jaynes had 16 high speed lines sending out 10 million messages per day and collected...

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Spam Punishment Doesn't Fit the Crime 2005-01-01
Chris Dauer
I think the punishment is way to light!

First of all, I run a web hosting company, and I cannot begin to tell you the amount of spam that bombards my servers. Then there is the fact that I do computer repair on the side, I cannot tell you the amount of spyware and viruses (some delivered in spam...

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Spam Punishment Doesn't Fit the Crime 2005-01-03
Mark Ferguson
First off I think you and others that feel that spam is just an annoyance miss the crux of the issue itself --consent or lack of it.

The very nature of electronic mail is to write the message when it is received and append it to the end of the mail file, a contiguous file. This quite simply mean...

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But if they paid taxes... 2005-01-03
Anonymous
Unlike many large and powerful companies (Enron) who do MUCH more damage socially, financially, etc., spammers have no champion.

If the spammers (or their advertisers) showed paying taxes and/or lobbied (bribed) the lawmakers, they would all be singing a different tune.

I don't like spam as mu...

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Spam punishment DOES fit the crime 2005-01-04
Anonymous
The "crime" was two-part:
1. spam a few billion people,
2. defraud those people who read the E-mail, and sent money to the spammers, by not delivering anything in exchange for their money.

Eight-and-3/4 years for fraud, three months for being a public nuisance.

The punishment fits the sum of...

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Spam Punishment Doesn't Fit the Crime 2005-01-04
Bob S.
Are the punishments disproportionate? Yes. Is that because the spammer sentences are too harsh? No. It's because the others are too lenient.

Anyone that considers spam to be nothing more than a mere inconvenience needs to study their subject matter more thoroughly. They are woefully ignorant of t...

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Spam Punishment Doesn't Fit the Crime 2005-01-04
Anonymous
I feel that the other charges should have harsher penalties and the spam penalties are fare....

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Spam Punishment Doesn't Fit the Crime 2005-01-04
Anonymous
Exactly. My uncle was murdered in cold blood (with plenty of evidence to convict his killer), but the killer only spent 5 years in prison. If spammers get more time than murderers, it only shows how horribly corrupted our legal system is.
Besides, I'd think that banning them from using a computer...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
Anonymous
To hell with all of them. They should all be HUNG, GASED OR SHOT. ...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
Anonymous
Someone kills a guy thats a terrible outcome for one person. another person causes pain for millions. Personally I think justice should require death for both... BTW by standing up for spammers you should be strung up too. Death to all SPAMMERS and all spammer lovers ...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
MadMark
Ah horsecrap! Spamming is a criminal act that costs businesses REAL MONEY. Perhaps the penalties for "more serious" crimes are too low.

As long as bleeding hearts continue to beat the poor criminal drum, and the sheep gather around curious, we will continue to be a victim celebrating society.
...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
blacklight
In general, white collar crime is punished much less severely than physical crime, assuming that the authorities actually want to investigate and punish white collar crime in the first place.

As for genocide in Rwanda, the entire episode is a first-class, international clusterfuck. Some crimes a...

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Spam Punishment Doesn't Fit the Crime 2005-01-05
FED UP
Just to say the punishment should be even more severe....

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Spam Punishment Doesn't Fit the Crime 2005-01-06
Anti
For some reason SPAM and the legal system always reminds me of two things, frontier law and prostitution.

The internet is a new frontier and law enforcement can have great difficulty catching spammers. Therefore those that are caught need to be dealt with in a manner that will send a message to o...

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Spam Punishment Doesn't Fit the Crime 2005-01-06
Sick of it
Microsoft would like to see them all in jail. I fully agree. They should lock them up and throw away the key.

Just sick and tired of it. Justice can't happen fast enough for me and everybody else I know...

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