Government Turning a Blind Eye to the High Cost of SPAM?
We here at Email Broadcast love stunts. You may have been able to tell. We think they’re a great way to get people’s attention and get your point across. On September 10th we held a silly stunt at Westlake Center in downtown Seattle, consisting mostly of smashing the guts out of innocent cans of SPAM™. There was, however, a serious point to be made with each blow of the hammer. As a business owner helping legitimate operations stay in touch with their customer base, spam is the scourge of our industry.
A recent study by The New York Times reported that up to 94% of all email traffic is SPAM. That’s hundreds of millions of emails clogging one of our most important communication channels and it’s getting worse. Though each of us may only spend a few minutes a day dealing with it, the collective drag on productivity is astounding. The National Technology Readiness Survey says it costs us 21.58 Billion per year. That’s $131 per year for every Internet user in the US.
As ISP’s have become more capable at filtering SPAM, and an entire hardware industry has been created to fight the problem, it seems that our government has taken a back seat in its enforcement.
Robert Solovay, aka the “Spam King” was finally convicted last year by the state and sent to prison for a mere 4 years. Microsoft successfully sued Solovay as far back as 2003 and his exploits were widely known according to SpamHaus. Why has it taken the state 6 years to track down such an obvious offender even with him mocking the legal system? Before this conviction, the state’s last legal victory, according to the Attorney General’s website appears to be in 1998. So for 10 years our state has not been able to prosecute a spammer even though the problem has grown exponentially?
Similarly, the Federal Government’s record is not much better. While they did just receive a guilty plea from a 5-man SPAM operation lead by Alan Ralsky and his son the penalties seem to be quite light. While the spam induced pump-and-dump stock scam they ran reportedly raked in millions, the sentences sought are only “up to” 24 to 84 months, and the corresponding fines from only $30,000 up to 1 million dollars. Sentencing occurs Oct. 29, 2009. The CAN-SPAM act says that offenses are supposed to be subject to $11,000 fine per email incident. At billions of emails sent by this ring, the math simply doesn’t add up. And that ignores the wire fraud, mail fraud, money laundering, and lying to the FBI charges that are included in the guilty plea.
While any conviction is laudable, is this the best we can do? For a major player in the 21 Billion dollar problem (not counting victims ripped off by scams) we get a couple of years behind bars, and a penalty less than the amount swindled? That might even be palatable if these convictions occurred regularly, but it is years between major convictions. It seems that the government (we the people) are not angry enough about the problem, or are not directing our ire in the proper direction.
It’s time that we aggressively punish those that punish us with their time-wasting email. Prosecution needs to be extended to those selling email list and companies that are paying spammers to advertise their wares. Below is our list of things you can do to help can spam:
1. NEVER respond to a spam e-mail, or even “download images.”
2. Click the “This is Spam” button, if you have one. This alerts your ISP and allows them to refine their proprietary spam filter.
3. Forward all spam to the Federal Trade Commission at spam@uce.gov BUT:
4. If it’s an e-mail you signed up for, don’t use the spam button. Just click unsubscribe and you should be removed. Be fair!
5. Reply to legitimate “over-senders” and tell them to reduce their frequency. If they don’t, unsubscribe and warn your friends about them.
6. If you are not willing to take the time to read the sender’s privacy policy, don’t give your e-mail. If it’s more than one paragraph, forget it.
7. Use two email addresses. If the content is good, use the “update profile” and give them your real email address.
8. Use your own e-mail filter. A free, personal version is available at cyberdefender.com, but there are others. Check frequently for false positives, especially when first installed. Your legitimate mail may be getting trapped.
9. Write to your Congressional representative, and insist that they introduce legislation intensifying pursuit and prosecution of spammers and their business partners.
10. Reward only email marketers who “Do Email Marketing Right” with your business.
Related posts:
[...] Another problem is that regulators are asleep at the switch. I don’t expect government to be everywhere in our lives, but this is a prime example of the FCC being woefully out of date with technology. If you don’t need a brain to use ROBO calling, perhaps you should at least have to get a license or answer some questions like “Have you been drinking today?” We made fun of the lack of prosecution of spammers (it’s pathetic) last summer during a stunt that we videotaped. [...]