Presentation is loading. Please wait.

Presentation is loading. Please wait.

Suing Spammers for Fun and Profit Serge Egelman. Background Over 50% of all mail Less than 200 people responsible.

Similar presentations


Presentation on theme: "Suing Spammers for Fun and Profit Serge Egelman. Background Over 50% of all mail Less than 200 people responsible."— Presentation transcript:

1 Suing Spammers for Fun and Profit Serge Egelman

2 Background Over 50% of all mail Less than 200 people responsible

3 Technical Means Text recognition Black hole lists SpamAssassin Header analysis Text analysis Black hole lists Bayesian filters

4 The Hunt Contact Info URLs Email Addresses WHOIS/DNS USENET news.admin.net-abuse.email Databases: Spews.org Spamhaus.org OpenRBL.org

5 Legal Means Foreign spam, local companies CAN-SPAM Act 35 State laws Two types: Forged headers “ADV” subject line

6 Telecommunications Consumer Protection Act The TCPA (U.S.C 47 §227): "equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper.“ $500 or $1500 fine per message Mark Reinertson v. Sears Roebuck Michigan small claims

7 Telecommunications Consumer Protection Act ErieNet, Inc. v. VelocityNet, Inc. US Court of Appeals, 3 rd Circuit, No. 97-3562 September 25, 1998 “it is my hope that the States will make it as easy as possible for consumers to bring such actions, preferably in small claims court.” –Senator Hollings “The question, therefore, is whether Congress has provided for federal court jurisdiction over consumer suits under the TCPA.” 28 U.S.C. §1331: “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States”

8 S. 877: The CAN-SPAM Act Requirements: Deceptive Subjects Falsified Headers Valid Return Address Postal Address Opt-Out (sender has 10 days to stop) Sender: “a person who initiates such a message and whose product, service, or Internet web site is advertised or promoted by the message.” Enforcement: FTC States ISPs ($25-100/message) 47 U.S.C. 231(e)(4): “…a service that enables users to access content, information, electronic mail, or other services offered over the Internet.” Do-Not-Email List Bounty Hunters

9 Pennsylvania Laws The Unsolicited Telecommunication Advertisement Act (73 Pa.C.S. §2250) Deceptive messages: Forged headers Misleading subjects Invalid return address Remedies: 10% up to $100 for consumers $1/message for ISPs

10 Virginia Laws The VA Computer Crimes Act (18.2-§152) Forged headers $10/message or $25,000/day AOL and Verizon Verizon v. Ralsky: $37M AOL v. Moore: $10M 28 U.S.C. §1332: “The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States.”

11

12 Small Claims Court Warrant in Debt: $22 Affidavit for Service of Process: $28 Maximum claim: $2000 Winning by default because the spammer didn’t bother to show up: Priceless

13 So you’ve won a judgment… Domesticate the judgment Summons to Answer Interrogatories Abstract of Judgment Writ of Fieri Facias Garnishment Summons

14 Questions? More Information: http://www.guanotronic.com/~serge/login.pdf http://www.spamlaws.com/ http://www.spamhaus.org/ http://www4.law.cornell.edu/ http://www.pacode.com/


Download ppt "Suing Spammers for Fun and Profit Serge Egelman. Background Over 50% of all mail Less than 200 people responsible."

Similar presentations


Ads by Google