SitePoint Sponsor

User Tag List

Results 1 to 17 of 17
  1. #1
    HAHA!
    Join Date
    Mar 2006
    Posts
    656
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Question Legality of spamming

    I am considering to go after a spammer I have some info on who spammed me. First of all though I would like to know if anyone knows a place where I can read up on the legal status of different forms of spam. I know for instance that email spam is illegal in most developed countries but what about forum spam or blog spam?
    Cheap web hosting directory listing the cheapest web hosting

    Submit articles to an article directory

  2. #2
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
    Join Date
    Sep 2005
    Location
    Sydney, NSW, Australia
    Posts
    16,875
    Mentioned
    25 Post(s)
    Tagged
    1 Thread(s)
    Email spam in Australia is defined as unwanted emails received from someone you don't already have some sort of relationship with.

    The US define all emails to be legal as long as it includes an unsubscribe link at the bottom to allow the spammer to confirm your email address. It only becomes spam if you confirm your address to the spammer and they then send you more spam from the same address.

    Basically email spam is effectively legal in all countries except Australia where it is illegal if the spammer is in Australia.

    As for other types of spam, I have not heard of any legislation anywhere that makes it illegal.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
    <input name="html5" type="text" required pattern="^$">

  3. #3
    HAHA!
    Join Date
    Mar 2006
    Posts
    656
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    The US define all emails to be legal as long as it includes an unsubscribe link at the bottom to allow the spammer to confirm your email address. It only becomes spam if you confirm your address to the spammer and they then send you more spam from the same address.
    Yeah isn't that great. I always thought they have that there just to check if your email is active. But now I realise they are following a legal requirement in a phony way to cover their backs. Hmm, seems like it's still the Wild West out there.
    Cheap web hosting directory listing the cheapest web hosting

    Submit articles to an article directory

  4. #4
    Non-Member Icheb's Avatar
    Join Date
    Mar 2003
    Location
    Germany
    Posts
    1,474
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by felgall View Post
    Email spam in Australia is defined as unwanted emails received from someone you don't already have some sort of relationship with.

    The US define all emails to be legal as long as it includes an unsubscribe link at the bottom to allow the spammer to confirm your email address. It only becomes spam if you confirm your address to the spammer and they then send you more spam from the same address.

    Basically email spam is effectively legal in all countries except Australia where it is illegal if the spammer is in Australia.

    As for other types of spam, I have not heard of any legislation anywhere that makes it illegal.
    In Germany you aren't allowed to send someone ads via email unless they consented first. This makes sending emails sort of tricky here, however pretty much no one cares enough to make sure that their email script is in compliance with the law.

    So you pretty much defined Germany as not being a country, which I have no problem with.

  5. #5
    SitePoint Wizard silver trophy Crazybanana's Avatar
    Join Date
    Mar 2003
    Location
    In tha fruit cellar
    Posts
    1,379
    Mentioned
    32 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by Hostpitable View Post
    I am considering to go after a spammer I have some info on who spammed me.
    are you shure you have the right info? cause spammers (if they have at least a tiny lill brain) they will spoof everything, so the address you may sit with may be to an innocent grandmother from a mountaintop in Tibet

    gimme your email and blog address and I will show you what spam really is
    Who's to doom when the judge himself is dragged before the bar


  6. #6
    HAHA!
    Join Date
    Mar 2006
    Posts
    656
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Crazybanana View Post
    are you shure you have the right info? cause spammers (if they have at least a tiny lill brain) they will spoof everything, so the address you may sit with may be to an innocent grandmother from a mountaintop in Tibet

    gimme your email and blog address and I will show you what spam really is
    Are you going to use that really impressive CAPTCHA defying tool you were posting about the other day bombing banana?!
    Cheap web hosting directory listing the cheapest web hosting

    Submit articles to an article directory

  7. #7
    SitePoint Wizard silver trophy Crazybanana's Avatar
    Join Date
    Mar 2003
    Location
    In tha fruit cellar
    Posts
    1,379
    Mentioned
    32 Post(s)
    Tagged
    1 Thread(s)
    Quote Originally Posted by Hostpitable View Post
    Are you going to use that really impressive CAPTCHA defying tool you were posting about the other day bombing banana?!
    shure I will, and who knows, maybe I'm using it against you already mwahahaha
    Who's to doom when the judge himself is dragged before the bar


  8. #8
    HAHA!
    Join Date
    Mar 2006
    Posts
    656
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    you banana will be minced! I know where you live - in that house by the snow on that island!
    Cheap web hosting directory listing the cheapest web hosting

    Submit articles to an article directory

  9. #9
    SitePoint Wizard silver trophy Crazybanana's Avatar
    Join Date
    Mar 2003
    Location
    In tha fruit cellar
    Posts
    1,379
    Mentioned
    32 Post(s)
    Tagged
    1 Thread(s)
    hahaha
    Who's to doom when the judge himself is dragged before the bar


  10. #10
    SitePoint Wizard
    Join Date
    Mar 2007
    Posts
    1,208
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I think the best thing to do is report the spam to the programs they are promoting. They will drop account if they are affiliates.

  11. #11
    Keep Moving Forward gold trophysilver trophybronze trophy
    Shaun(OfTheDead)'s Avatar
    Join Date
    Nov 2005
    Location
    Trinidad
    Posts
    3,746
    Mentioned
    45 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by rcj662
    I think the best thing to do is report the spam to the programs they are promoting. They will drop account if they are affiliates.
    Not necessarily.

    The reason spam still exists is because it works.

    If the promoted product is selling, whatever the means, the holding company might not be as willing to drop their promoters as you might think.




    Trying to fill the unforgiving minute
    with sixty seconds' worth of distance run.

    Update on Sitepoint's Migration to Discourse

  12. #12
    Keep Moving Forward gold trophysilver trophybronze trophy
    Shaun(OfTheDead)'s Avatar
    Join Date
    Nov 2005
    Location
    Trinidad
    Posts
    3,746
    Mentioned
    45 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Hostpitable
    I am considering to go after a spammer I have some info on who spammed me. First of all though I would like to know if anyone knows a place where I can read up on the legal status of different forms of spam. I know for instance that email spam is illegal in most developed countries but what about forum spam or blog spam?
    It might be illegal, yes, but how enforced are the laws??

    As I say over and over again, the type of spam that're really illegal are the phishing e-mails... the cons. Why??... Because these classify as fraud and can be tried as such in court.

    Those other e-mails... the Viagra mails, the Cialis mails, the on-line gambling... there are too many loop-holes involved, and the laws are too vague (at least where I'm from... I never knew Germany had it so stringent), so you're better off not wasting your time unless the spammer is a REAL menace, or involved in promoting anything illegal (illegal drugs, child porn, etc.).




    Trying to fill the unforgiving minute
    with sixty seconds' worth of distance run.

    Update on Sitepoint's Migration to Discourse

  13. #13
    SitePoint Wizard silver trophy
    Join Date
    Aug 2003
    Location
    Southern California
    Posts
    4,686
    Mentioned
    19 Post(s)
    Tagged
    0 Thread(s)
    Just a little clarification... SPAM is not "illegal" in the United States, it is however regulated. If someone has a list of non-optin addresses they can (for better or for worse), send commercial emails to it, provided that they comply with some basic regulations such as including an address, marking the message and having a clear opt-out mechanism. The reason spammers get busted is either by failing to honor optouts, identity fraud (forging a from address), by sending illegal materials or failing to follow federal guidelines for the sales of certain products or for some form bad faith advertising. That said, if someone is sending you spam that promotes something against the law, report it. That someone can do something about.

    Of course the fact that SPAM is "legal" doesn't mean anyone should do it. SPAM is horrible for brand reputation and it takes an awful lot of email to get a response. Luckily more and more ISPs are cracking down on these practices but many overseas companies still allow it. Anything for a buck.

    http://advertising.about.com/cs/spam/f/spamlegal.htm
    - Ted S

  14. #14
    SitePoint Evangelist
    Join Date
    Jul 2006
    Posts
    479
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Hostpitable View Post
    I know for instance that email spam is illegal in most developed countries but what about forum spam or blog spam?
    Hmm, so how exactly did you get "spammed"?

  15. #15
    HAHA!
    Join Date
    Mar 2006
    Posts
    656
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I realised that most of the Spam is coming in from cracked/phished accounts so there's no real way to trace it and I'll just let Akismet catch it. Shaun is right that programs in certain niches will be very reluctant to close an account if the product is selling. I know from some industries where the white hat affiliates have to unleash a serious whining campaign until a spammer gets closed down.
    Cheap web hosting directory listing the cheapest web hosting

    Submit articles to an article directory

  16. #16
    SitePoint Wizard silver trophy Crazybanana's Avatar
    Join Date
    Mar 2003
    Location
    In tha fruit cellar
    Posts
    1,379
    Mentioned
    32 Post(s)
    Tagged
    1 Thread(s)
    spam is hard to trace in most cases, thats because spammers always tries to cover their tracks, and the smtp protocol doesnt help as old and shitt*y it is, and add a sloppy admin to it and see what you get.. as my isp, I can log on and send fake mails until I turn blue in my face throught 'em. I just add proxys to stay anonymous to those nerds who think they can read the header

    luckily I have great bulkmailers which uses proxy chaining and fills the header with bogus, so I don't need to telnet to 'em to get out the word j/k (for education use only of course)

    spam seems to be a bigger and bigger problem, because it works. But it is annoying as hel*, and I hope we will see some more actions against it in the future. until then, I keep tweaking my spamfilters.. and may I add that people are to sloppy to report spam
    Who's to doom when the judge himself is dragged before the bar


  17. #17
    SitePoint Zealot
    Join Date
    Sep 2005
    Posts
    177
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    The laws and regulations between countries does more to encourage spam that stop it.
    In the UK, where I am, its proper action to remove email addresses on a remove request. It is technically ilegal to send unsolicited email within the uk to a UK domain owner without specific asking to be sent.

    We have enough trouble with the chinese servers, why is it now that american senetors are trying to pass legislation that allows blanket emailing on an opt out basis?

    I sent an email to a senior republican that supported this method, and basically said, I have a co.uk domain, why do you think its acceptable to spam people outside the USA. His response was "we dont have the resources to filter domains, so **** you"


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •