August 2004 Vol.1 No. 19   


Imagine A Future Without the Internet

The spam plague is upon us.

“Spam has grown into a major plague affecting the digital world,” announced Dr. Robert Horton, acting chair of the Australian Communications Authority (ACA) and chairman of the recently concluded conference organized by world governing body, the International Telecommunication Union (ITU).

Dr. Horton added that the global epidemic that is spam should be fought through “a global and concerted action,” with the ultimate aim of protecting and preserving the Internet, which now has a growing effect on human life as a medium of communications and commerce.

Unfortunately, much like any other human invention, the Internet has become most susceptible and vulnerable to human abuse. Turning a blind eye, moreover, for many years to the dark side of the Internet has now resulted to its most harrowing effects – including even its own probable death.

The growing global disinterest in the Internet largely due to spam could ensue the death of the Internet itself, as reported by Robert Gellman, a privacy and information policy consultant in Washington D.C., in his article “Future History Reports on Internet’s Demise.”

He pointed out in his article that contributing factors to the likely demise of the Internet also include viruses, worms, government filters, phishing, and security issues like spyware, advertising and URL redirection. Because of the proliferation of spam and these other “death factors,” people who use the Internet as a key tool in business and personal matters, are starting to shy away from email and e-commerce related activities. This, at a time when people from all walks of life the world over have already developed a growing dependence on the Internet. And spam is becoming to be the major spoilsport.

So, where are we at this point as far as fighting spam and other illegal practices on the digital world?

Dr. Horton stressed: “I am convinced that we can curb spam within the next two years if we act on a number of fronts simultaneously and make sure that there are no havens for spammers anywhere in the world.”

As we’ve always hinted at in previous editions of this newsletter, there is no such thing as “silver bullet” to end the spam plague. However, a large consensus at the ITU conference pinned down “the need to adopt a multi-track approach to incorporating strong legislation, combined with technical solutions, consumer education, industry self-regulation and international cooperation.”

We do agree, indubitably. But, while any intervention from the technology industry and the government sector is most welcome, we, consumers, are calling for speedy and more concrete results of whatever actions are currently being taken. Prolonging the spam plague will only make the death of the Internet one horrific reality we have to put up and live with in the very near future.

Will human life be the same without the Internet?


Contents

 Special Feature
    Spam Taking a Toll on Corporate Productivity
United States of America
    
Pop-up Ad Spammers Settle FTC Charges
    CAN SPAM Shuts Down Florida Spammer
    Spam King Agrees to Play By the Rules
Europe
   
Paris Court Convicts Football Spammer
   
Amsterdam Court Acquits 13 Email Fraud Suspects
 Asia - Pacific
    
Aussie Anti-Spam Law Enjoying Initial Success
    Japan Gov’t to Work with IT Firms to Fight Spam
    
Thailand Inks Pact with Australia to Combat Spam

International News
    MyDoom Variant Attacks Popular Search Engines

Opinion
  
What Can We Do to Curb Spam at the User Level?
Letters To The Editor

Special Feature

Spam Taking a Toll on Corporate Productivity

Ferris Research, a messaging and collaboration consultancy firm, has estimated that spam cost U.S. corporations over $10 billion in 2003. In a report written by Rawlson O’Neil King for the WHIR.com, this was due to the “profound effect spam has on corporate productivity.”

David Ferris, president of Ferris Research, said, "Spam-related costs are increasing rapidly for both corporations and ISPs, mainly as a result of lost productivity, consumption of IT resources and help desk support. Based on interviews of corporate messaging managers, it is clear that spam is a major problem for corporate IT departments. We estimate the total costs for spam in corporations were $8.9 billion in 2002, and increased to $14 per user per month in 2003."

The volume of spam, in early 2003, was estimated around 15 to 20 percent of all inbound emails at corporations and 30 percent of inbound emails at service providers. Spam volume has climbed today to over 60 percent of all emails.

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United States of America

Pop-up Ad Spammers Settle FTC Charges

D Square Solutions LLC, charged with using marketing methods that violated federal laws, has agreed to settle with the Federal Trade Commission (FTC).

According to the FTC report, D Square Solutions used a feature called the “Windows Messenger Service,” which is part of the Microsoft Windows operating system, to barrage consumers’ computers with pop-up ads for the pop-up blocking software they sold.

The FTC alleged that the defendants’ pop-up ads appeared as frequently as every 10 minutes in the forefront of consumers’ screens, caused consumers to lose data and work productivity, applications to freeze, and some computers to crash.

The settlement bars the defendants from sending Windows Messenger Service pop-up advertisements, selling Windows Messenger Service pop-up blocking software, or selling Windows Messenger Service pop-up sending software. It also prohibits instant message advertising, requires an opt-out mechanism for other kinds of Internet advertising, and bars them from using deceptive return addresses in their email and other advertisements.

In November 2003, a U.S. District Court temporarily halted D Squared Solutions LLC’s pop-up advertising at the request of the FTC. The agency charged that the defendants used the Windows Messenger Service feature, typically used to provide messages about such things as completed print jobs or system shut-downs, to unfairly harass consumers with ads for their Windows Messenger Service pop-up blocking software.

The message barrage advertised software costing $25 to $30 that would supposedly block future pop-up ads.

This settlement ends that litigation against D Squared Solutions, LLC, and its principals, Anish Dhingra and Jeffrey Davis.

The settlement will bar the defendants from sending Windows Messenger Service pop-up advertising and from sending instant message advertising. It bars them from advertising, promoting, marketing, or selling Windows Messenger Service pop-up-blocking software or Windows Messenger Service pop-up-sending software. It requires the defendants to provide an opt-out mechanism for electronic advertising and bars them from using deceptive return addresses in their e-mail.

CAN SPAM Shuts Down Florida Spammer

A federal court in Chicago has issued a court order halting illegal spamming and deceptive product claims, and has also frozen the assets of Creaghan A. Harry, a resident of Boca Raton, Florida.

Harry sells bogus “human growth hormone” products over the Internet through spam.

The Federal Trade Commission alleges that Harry is responsible for what likely amounts to millions of illegal spam messages. From January 1 through May 31, 2004, consumers have forwarded approximately 40,000 complaints to the FTC concerning spam messages linked to Harry.

The text of the illegal spam messages contain hyperlinks to various Web sites that market Harry’s products, “Supreme Formula HGH” and “Youthful Vigor HGH.” The Web sites claim that the products stop or reverse the aging process, causing a veritable laundry list of effects like weight loss, muscle gain, hair regrowth, wrinkle removal, and higher energy levels.

Experts for the FTC have concluded that the claims are wholly false and that Harry’s products had no discernible effect on the body. Harry charges $79.95 for a one-month supply of the bogus products. The FTC alleges that these false product claims have defrauded thousands of consumers of hundreds of thousands of dollars.

The FTC’s complaint specifically charges that the deceptive product claims violate the FTC Act, and the spam email messages violate the Controlling the Assault of Non-Solicited Pronography and Marketing Act of 2003 (CAN-SPAM Act) by: 1) disguising their source; 2) failing to provide a clear and conspicuous notice for consumers to opt-out from further e-mail; and 3) failing to provide a valid physical postal address in the message text.

On July 27, 2004, a U.S. District Court Judge issued a temporary restraining order prohibiting illegal spamming, prohibiting false product claims, and freezing Harry’s assets to preserve the funds for possible redress to consumers who bought his bogus products.

Spam King Agrees to Play By the Rules

Self-proclaimed Spam King and ladies underwear seller Scott Richter has agreed to play by the rules of the CAN SPAM Act and escaped a $20 million fine, Jo Best reported for Silicon.com.

New York attorney general Eliot Spitzer has been hunting down Richter since last year, vowing to put the alleged spammer out of business. Richter has been allegedly breaking the terms of the 2003 CAN SPAM Act using spoofed addresses, deceiving email accounts and subject lines, including sending messages to people who have not opted-in.

Spitzer, in an agreement, dropped the penalty against Richter to $40,000. Richter will also have to pay $10,000 for the costs.

The report said that Spitzer vowed to bring Richter back to court “facing greater penalties” should the alleged spammer violate the CAN SPAM Act again.

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Europe

Paris Court Convicts Football Spammer

A businessman from Aix-en-Provence, who heads a firm called K-Foot, has been found guilty by the Paris commercial court of flooding internet users with messages pushing football merchandise from K-Foot and Kasport.com sites, Estelle Dumout reported for ZDNet France.

“Monsieur K” will now have to pay 5,000 Euros, in damages, each to Microsoft and AOL France, the complainants. Including interest and numerous court fees, the convicted spammer will have to pay a total of 22,000 Euros.

In the complaint lodged with the court, AOL France and Microsoft accused the spammer of having used numerous AOL subscriptions and created different Hotmail accounts to send a million advertising messages through bulk mail.

According to the report, both AOL and Microsoft said that “Monsieur K” breached contract rights or the general terms and conditions of the use of their services.

Amsterdam Court Acquits 13 Email Fraud Suspects

Thirteen suspects were cleared by the Amsterdam’s District Court of charges of email fraud in three separate cases for lack of hard evidence, Planet News reported. The cases were filed by the public prosecution service based on complaints by UPC, a Dutch cable operator and Internet service provider.

The suspects, all of West African origin, were accused of having used UPC facilities illegally and committing email fraud of the “Nigerian scam” variety (so-called Advance Fee Fraud or Spam 419).

They were arrested in a joint action by UPC and the Ministry of Justice.

The report explained, “[T]his type of swindle…is usually initiated with a genuine-sounding email containing stories of hardship and windfall, but also alluring baits of huge sums of money to be made.”

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Asia - Pacific

Aussie Anti-Spam Law Enjoying Initial Success

The Australian Communications Authority (ACA) claimed that with the Spam Act 2003 a number of major spammers based Down Under have shut down operations, Lisa Simmons wrote for ZDNet Australia.

In fact, Spamhaus, the international anti-spam watchdog, confirmed the closure of these spammers. After the spammers received a warning from the ACA in late March about the new law coming into force in April, there has been little or no activity at all by these major Australian-based spammers.

"The ACA’s initial focus was on spammers allegedly sending high volumes of offensive unsolicited material including pornography and marketing for products such as herbal Viagra," said acting ACA chairman Dr. Bob Horton.

Anyone caught violating the Spam Act may face a prosecution penalty of up to AU$1.1 million per day for repeat offenders, or pay hefty fines amounting to thousands of dollar.

The Australian government has already reached anti-spam agreements with Korea, the USA, and the United Kingdom.

Japan Gov't to Work with IT Firms to Fight Spam

Recognizing the hazardous effects of spam on Internet-connected computers and mobile phones, Japan’s Public Management Ministry has launched its own anti-spam drive.

It will be working closely with IT firms, inviting mobile phone companies, software development firms and Internet service providers to form an anti-spam panel to be established in October, the Yomiuri Shimbun reported.

The panel’s primary function will be to firm up regulations over operators that send out these unwanted emails and look into technical measures to stop spam.


Thailand Inks Pact with Australia to Combat Spam

Thailand has signed a joint telecommunications and information technology agreement with Australia targeted at fighting spam, news.com.au reported. The Australian Communications Minister Daryl Williams and his Thai counterpart Surapon Suebwonglee signed the agreement.

The report said that this memorandum of agreement is aimed to encourage cooperation on international telecommunications organizations and implementation of the Asia-Pacific Economic Cooperation (APEC) group’s telecommunications and information working group mutual recognition agreement.

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International News

MyDoom Variant Attacks Popular Search Engines

MyDoom.M, or MyDoom.O, the newest variant of the MyDoom worm continued to clog email accounts worldwide, and four popular search engines, namely, Google, Yahoo, AltaVista and Lycos, David Becker and Michael Kanellos wrote for CNETNews.com

This variant was discovered to have flooded many mailboxes with hundreds of messages, and slowed down the four search engines.

The report said that once installed, this variant automatically searches for email addresses on the host computer’s hard drive and performs running queries on all the four search engines.

Ranked as one of the worst email pests ever, the original MyDoom first broke out early this year and has since spawned numerous versions, including one programmed specifically to attack Linux antagonist SCO Group.

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Opinion
Opinions From Inspector Mails
Inspector Mails is the AI entity for Bigfoot's Anti-Spam Solution. He will be giving regular updates and opinions on current anti-spam trends.

What Can We Do to Curb Spam at the User Level?

“The CAN SPAM Act was never designed to be an antidote for spam,” announced MX Logic CTO Scott Chasin. True enough, figures say that compliance with the federal anti-spam law fell below 1 percent in July, said to be the lowest monthly compliance since the law took effect on January 1 this year.

In the first place, we never thought that the law was intended to scare off spammers (and put them to the slammers), bring down the volume of junk emails, turn the (digital) world around, and pluck us out of this spam plague.

“The law,” Chasin continued, “provides a definition of legally unacceptable email marketing practices and empowers consumer protection agencies and ISPs to go after hardcore spammers.”

Thus, the law exists not to give us reason to stay complacent about the spam problem and let the law work for us (which doesn’t actually happen). However, it is here to provide us the right and legal battleground wherein we can combat spam and its culprit head-on.

While we deem continued technological innovation, cooperation among industry players, end-user education, and a more concerted global effort most necessary to control or stem the onslaught of spam, we, as end-users, must pull our act together and do our share. If you give it really serious thought, we are the primary reason why spam and their perpetrators continue to exist in the first place – if there would be no recipients to spam there would be no one to send it to.

We believe our own individual efforts will matter most in this battle. But what can we exactly do?

Consumer Reports recently released several suggestions as to how we can protect ourselves online. It stated that we could help curb spam at the end-user level through 8 ways, thus:

“Don't buy anything promoted in a spam message. Even if the offer isn't a scam, you are helping to finance and encourage spam.

“Don't reply to spam or click on its “unsubscribe” link. That informs the sender that your email address is valid.

“If your email program has a preview pane, disable it to prevent the spam from reporting back to its sender.

“If you receive spam that promotes a brand, complain to the company behind the brand by postal mail, which makes more of a statement than email.

“Use one email address for family and friends, another for everyone else. Or pick up a free one from Hotmail, Yahoo, or a disposable forwarding-address service such as SpamMotel. When an address attracts too much spam, abandon it for a new one. Instead of an address like janedoe@isp.com, select one with embedded digits, like jane8doe2@isp.com.

“If your Internet service provider is filtering your email and you still get lots of spam, the ISP may not be filtering effectively. Check its filtering features and compare them with those of competitors.

“Report spam to your ISP, so that it can do a better job of filtering. To help the Federal Trade Commission control spam, forward it to spam@uce.gov.

“Don't post your email address in its normal form on a publicly accessible Web page. Post it in a form, such as “Jane AT isp DOT com,” that can't be easily read by the harvesting software many spammers use to collect e-mail addresses.”

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Letters To The Editor

Is Bigfoot Able to Pass On Junk Emails to Authorities?

After almost 10 years of “low end” home computer usage, I am fortunate not to have received many spam emails. However, more recently, I have been receiving an average of up to 10 [junk emails] a week. The emails are recognizable and subsequently deleted.

While recognizing the process of eliminating spam from coming into the inbox is my personal responsibility as a home user, my question is: If the spam email and addresses are collected and sent to Bigfoot, is the organization able to act or pass on to the relevant authorities this unsolicited mail?


Philip Crouch
PO Box 511
Rosny Park, Tasmania 7018
Australia
philipfc@iinet.net.au


The question here is centered on the issue of reporting spam through the email addresses from which the spam mail itself comes.

The answer is we could not identify the spammer based on the spam mail sender's address. These "senders" [the sender’s address] are most probably spammer victims themselves. This is because spammers spoof a valid email address, which is often illegally obtained. Thus, spammers are able to hide their identities.

How would you know that your email address is being spoofed? Well, have you received an email lately with "undeliverable" in the subject and something like this in the body:

Your message did not reach some or all of the intended recipients.
Subject: Any bogus subject
The following recipient(s) could not be reached:
someuser.you.dont.know@someisp.com on 8/12/2004 7:06 AM

If the recipient of the said email is somebody you don't know, or have never sent an email to you at all, then most likely a spammer must be using your email address for spoofing.

On reporting spam, there are a lot of online resources, to mention a few:

- http://spamcop.net/
- http://spam.abuse.net/
- http://www.cauce.org/
- http://www.ordb.net

For legal matters, you may report to:

- http://www.ftc.gov/bcp/conline/pubs/alerts/doznalrt.htm
- http://www.cdt.org/spam/



We appreciate all of the comments and responses we have received about the newsletter. We will be addressing your concerns in the next issue. You may send your comments to antispam.review@bigfoot.com. Since we print some of the comments we receive, please advise us if you want your complete name and email address withheld. You may provide us with a first name, city and state, as an alternative.

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