-----Original Message-----
From: Jon Kyme [mailto:jrk(_at_)merseymail(_dot_)com]
Sent: Saturday, November 22, 2003 3:28 PM
To: denny(_at_)figuerres(_dot_)com
Cc: ASRG
Subject: Re: RE: [Asrg] 6. Proposals - Legal - US Congress to
vote on federal anti-spam bill
Can anyone tell me what good a US law will be in stoping a
SPAM sender
who is say in sweeden that sends fake headers to a mail server in
korea and then to a mail server in say russia and then to the usa?
If the email can not be traced back to the sender ..... And
crosses 2
or more international borders in the process then who do
you go after?
At what cost? In which contry? Based on who's legal system?
I don't know about you Danny, but most of the spam I receive
Denny -- with an 'e' please ;-)
advertises products or services from the USA. Most of it
*seems* to originate in the USA. I can't believe that it's
beyond the wit of man to track down and prosecute the
criminals (as they'll be) in these cases. Rokso (
http://www.spamhaus.org/rokso/ ) seem to do fairly well.
I'm sure they can be found for the most part....
But if you want to for example make them pay damages or take them to court
and so on you have to be able to prove you got the right person
Or company.... Ok so maby more is from the US than from abroad... That's not
the point in my statement.
Lets change the example:
You have a SPAM with email headers that point to ISP "X" IP 1.2.3.4 but it
also has headers showing say 3 other IP's / domains with some of them
showing forged domain names in conflict with the IP's
And the from xxxx(_at_)isp(_dot_)com does not match any of the headers.
And the Opt Out line uses a closed / fake email and or web site.
And all the other crud they do....
So unless you have a *MAJOR* case how are you going after them? Where to
start?
Even if you can show damages how much manpower will be used just finding the
real sender and not taking some granny to cort for having a hacked win98
box?
My prior experiances with cops and with lawyers tends to be that if all you
have are some text files with numbers you may be SOL on getting them to
court unless you can lift data from the PC they used that proves they did
it....
Any decent lawyer can come up with a whole slew of ways to make the email
you got worthless unless you can find it on the accused's disks or
printouts.
IMHO if I was a spamer I'd be wiping disks often and even selling my drives
and buying new ones all the time just for that resason.
Perhaps I am over-stating it.... But perhaps the spamers will keep beeing a
"Moving target" just as long as we let them.
Given the current state of things if I were a spamer I'd just keep spamming
and laugh at our laws, and send more spam on how to stop spam.
That's my concern....
To quote an old Issac Asimov book title: "Against
stupidity, the gods
themselves contend in vain."
That's Schiller, I think. Asimov was quoting.
Yes it was... :-)
--
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