It was clear that the FTC conference was held with the intention
of legislating. legislation is inevitable for many reasons, not
least the image of the US abroad. it does the US no good to have
the spam senders constantly advertising the US as a country lax
on fraud.
That said there is a technical issue here. Legislation will force
the spam senders to react.
It was very clear at the FTC conference that nobody is going to
be waiting for technology to solve the problem.
Phill
-----Original Message-----
From: Dave Crocker [mailto:dhc(_at_)dcrocker(_dot_)net]
Sent: Thursday, May 08, 2003 7:37 PM
To: Tom Thomson
Cc: asrg(_at_)ietf(_dot_)org
Subject: Re: [Asrg] Willfull and intentional misunderstandings
Tom,
it would help, for example, to see some sort of analysis
that shows that
spoofed spam is somehow more dangerous than non-spoofed spam.
TT> Illegal spam which is unspoofed and is reported to LEA
leads to one less
TT> spammer being able to continue his work.
As was noted in the FTC Anti-Spam workshop, last week, things are not
nearly that straightforward. 1) resources for legal enforcement are
very, very tight, and 2) the legal blinds that protect spammers can be
impressively strong. One case of needing 18 pre-trial subpoenas was
cited.
TT> And please don't retreat to the boring old argument that
the world is a big
TT> place with many jurisdictions and they just wont
cooperate on this, because
TT> its demonstrably untrue.
That's not what the folks at the FTC event said.
But they probably don't know as much about international enforcement
as you.
The problem with this sort of topic is that examples of
enforcement working
well are not the question. The question is how likely it is that the
spammers will exploit the circumstances in which enforcement
does NOT work well.
Remember that spammers are adaptable. They will exploit whatever
works.
d/
--
Dave Crocker <mailto:dcrocker(_at_)brandenburg(_dot_)com>
Brandenburg InternetWorking <http://www.brandenburg.com>
Sunnyvale, CA USA <tel:+1.408.246.8253>, <fax:+1.866.358.5301>
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