Contributed by Organizations or Campuses; Articles, Papers, and Reports; and CAN-SPAM Act of 2003

Spam Doubles, Finding New Ways to Deliver Itself

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Title:Spam Doubles, Finding New Ways to Deliver Itself (ID: CSD4714)
Author(s):Brad Stone (Brigham Young University)
Source:New York Times
Origin:Contributed by Organizations or Campuses (2006)
Type:Articles, Papers, and Reports
Abstract:According to spam-filtering company IronPort Systems, spam doubled from last year to this year, now representing more than 90 percent of all e-mail traffic. Much of the increase is attributable to image spam, which quadrupled over the same period of time and now accounts for between 25 and 45 percent of all spam. With image spam, text is converted to graphics, which can be read by individuals who receive them but not by spam filters on the lookout for words and phrases that can identify a message as spam. The recent rise in spam comes after the passage in 2003 of federal legislation intended to limit junk e-mail and a prediction by Microsoft Chairman Bill Gates that same year that the problem of spam "will be solved by 2006."
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Court sides with alleged 'vacation' spammer

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Title:Court sides with alleged 'vacation' spammer (ID: CSD4708)
Author(s):Declan McCullagh (CNET News.com)
Origin:Contributed by Organizations or Campuses (2006)
Type:Articles, Papers, and Reports
Abstract:The 4th Circuit Court of Appeals concluded in mid-November that unsolicited e-mails advertising cruise vacations were permitted under the federal antispam law called the CAN-SPAM Act, even though they included a false Internet address and a nonworking "From" address. In the case involving antispam activist Mark Mumma of Oklahoma, the three-judge panel ruled that the federal law preempts state statutes.
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Bogus Spyware Vendors Settle FTC Charges

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Title:Bogus Spyware Vendors Settle FTC Charges (ID: CSD4385)
Author(s):Roy Mark (Internet.com Corporation)
Origin:Contributed by Organizations or Campuses (2006)
Type:Articles, Papers, and Reports
Abstract:The operators of two supposed antispyware products agreed to pay nearly $2 million to settle complaints by the Federal Trade Commission (FTC) that the products amounted to nothing more than a scam. Last year, the FTC charged the operators of Spykiller and Spyware Assassin with running similar schemes to defraud consumers. According to the FTC, both companies used pop-up ads and e-mail to draw consumers to the companies' Web sites, where users could supposedly receive free scans of their machines. After the scans reported spyware, which frequently did not exist, users were offered a spyware-removal service for around $30-40. The removal also did not do what was advertised, said the FTC.In addition, many of the e-mail messages violated provisions of the CAN-SPAM Act. The makers of Spyware Assassin agreed to pay $76,000, which represents the amount the FTC spent on its investigation. Makers of Spykiller will pay $1.9 million.
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Supreme Court Won't Hear Spam Appeal

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Title:Supreme Court Won't Hear Spam Appeal (ID: CSD4382)
Author(s):Anne Broache (CNET News.com)
Origin:Contributed by Organizations or Campuses (2006)
Type:Articles, Papers, and Reports
Abstract:The U.S. Supreme Court has refused to hear a case involving the University of Texas (UT) and White Buffalo Ventures, which operates a dating Web site focused on UT students. In 2003, UT officials blocked 59,000 e-mails from LonghornSingles.com, saying that they violated the university's antispam policy. According to officials at the school, the overall volume of spam messages was crippling the institution's servers, and the administration had also received complaints specifically about the LonghornSingles.com e-mails. White Buffalo Ventures had ignored a cease-and-desist letter, prompting the university to block all of its messages. White Buffalo took UT to court, said that its messages complied with all provisions of the CAN-SPAM Act, and argued that the federal law should take precedence over any UT policy. In August, the 5th U.S. Circuit Court of Appeals rejected that argument, saying that the university was within its rights to block the e-mails.
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Block That Spam

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Title:Block That Spam (ID: CSD4143)
Author(s):Scott Jaschik
Origin:Contributed by Organizations or Campuses (2005)
Type:Articles, Papers, and Reports
Abstract:"Like cockroaches, spam may be impossible to defeat completely. But colleges recently won an important tool in their quest to limit spam's intrusions into campus e-mail boxes. A federal appeals court ruled that the First Amendment and a federal law do not limit the ability of a public college to block spam from reaching users' e-mail accounts."
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Texas Aims to Snag Spammers

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Title:Texas Aims to Snag Spammers (ID: CSD3666)
Origin:Contributed by Organizations or Campuses (2005)
Type:Articles, Papers, and Reports
Abstract:The attorney general of Texas has filed a civil lawsuit against two individuals believed to be responsible for millions of illegal e-mail solicitations. Ryan Samuel Pitylak, a student at the University of Texas, and Mark Stephen Trotter of California operate two companies, PayPerAction and Leadplex. Spamhaus.org, a watchdog group that monitors spam, has identified the two companies as being among the top five spam operations worldwide. Prosecutors allege that the e-mails sent by the two companies violate state and federal laws, including the CAN-SPAM Act, by including misleading subject lines and fraudulent information in the body of the messages. The defendants, who are also accused of violating Texas trade practices, face millions of dollars in fines, though no criminal charges were filed against them. An attorney for the defendants said his clients' businesses are in full compliance with all applicable laws, including the CAN-SPAM Act.
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Feds Can X-Rated Spam

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Title:Feds Can X-Rated Spam (ID: CSD3663)
Origin:Contributed by Organizations or Campuses (2005)
Type:Articles, Papers, and Reports
Abstract:The Federal Trade Commission (FTC) has won an injunction against six companies accused of sending thousands of spam messages that failed to meet the requirements of the CAN-SPAM Act. According to the FTC's complaint, the companies sent e-mail that directs recipients to adult Web sites but did not include the phrase "sexually explicit" in the subject line, as required by the antispam law. The e-mails also did not provide opt-out functions to recipients and falsely promised free memberships with the Web sites involved. The temporary injunction issued by a court in Las Vegas marks the first time the requirements of the CAN-SPAM Act regarding adult content have been used. The FTC will ask the court to make the injunction permanent. In addition, those who operate the Web sites that benefit from unlawful spam can be held accountable under the CAN-SPAM law.
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CAN-SPAM Law Seen as Ineffective

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Title:CAN-SPAM Law Seen as Ineffective (ID: CSD3621)
Author(s):Grant Gross
Origin:Contributed by Organizations or Campuses (2004)
Type:Articles, Papers, and Reports
Abstract:"Most vendors of antispam products have charted an increase in the amount of spam since the Controlling the Assault of Non-Solicited Pornography and Marketing Act, or CAN-SPAM, went into effect on Jan. 1 2004."
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Alleged Spammer Settles with Massachusetts

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Title:Alleged Spammer Settles with Massachusetts (ID: CSD3464)
Origin:Contributed by Organizations or Campuses (2004)
Type:Articles, Papers, and Reports
Abstract:The first state prosecution under the federal CAN-SPAM Act was resolved this week when the state of Massachusetts reached a settlement with DC Enterprises and its principal owner, William Carson. Massachusetts Attorney General Tom Reilly had filed the suit against Carson and DC Enterprises in July, alleging that the company sent thousands of messages that failed to provide a valid "opt-out" feature, did not identify themselves as advertisements, and used bogus return addresses.The messages reportedly asked recipients to send personal and financial information. In a statement, Reilly described the e-mail messages as the type that "threaten the credibility of companies using e-mail for legitimate purposes." Carson and DC Enterprises will pay $25,000 and will end practices that violate the CAN-SPAM Act as well as Massachusetts state laws.
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Microsoft Wins $4 Million in Spam Case

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Title:Microsoft Wins $4 Million in Spam Case (ID: CSD3271)
Origin:Contributed by Organizations or Campuses (2004)
Type:Articles, Papers, and Reports
Abstract:A U.S. District Judge issued a $4 million summary judgment in favor of Microsoft in its case against Daniel Khoshnood and his companies for crimes including sending deceptive spam and infringing trademarks. Khoshnood is accused of sending mass e-mail that appeared to come from Microsoft, including the company's trademarked logos, with false messages about bogus security patches that directed recipients to windowsupdatenow.com, which is registered to Khoshnood.He is also accused of registering domains such as "hottmail.com" and sending mail from that domain in an effort to deceive consumers. Anne Mitchell, president and CEO of the Institute for Spam and Public Policy, applauded the ruling, saying that a summary judgment indicates the judge believes the case to be sufficiently one-sided as to make a trial unnecessary. Mitchell also said Microsoft can seek to collect the$4 million by seizing Khoshnood's property. Ray Everett-Church, chief privacy officer with Privacy Group LLC, was similarly pleased with the ruling but said that a decrease in the overall spam problem would require "massive enforcement." The new ruling, he said, "barely scratches the surface."
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