Anti-Spam The Deadbeats Hall of Lame
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[Studio42]

Pathetic Anti-Spam Legislation

If you have been refered to this document via a spam, please rest assured that Studio42 is very anti-spam and we will NOT tolerate this sort of behavior. Please feel free to visit the rest of this site should you have ANY questions about Studio42's position on spam.

Abuse Examples

  • Subject: [SpamCop (http://www.studio42.com/kill-the-spam/pages/murkowski-breakdown.html) id:32428789] Make $500,000 This Year !: A SpamCop report
    Hotmail attempting a denial and it counting as such
    Hotmail nuking the drop. Better late than never.
  • Subject: SPAM: Make $500,000 This Year !: A report from Znet's spam reporting system
  • Subject: SPAM: The Ultimate Home Business !: Another spam from ZNet's spam reporting system. This is the same spammer as #2.
  • Subject: [SpamCop (http://www.studio42.com/kill-the-spam/pages/murkowski-breakdown.html) id:98903241]COPY THIS EMAIL AND MAKE A LOT OF MONEY!! : MLM/MMF scam.
  • Subject: [SpamCop (http://www.studio42.com/kill-the-spam/pages/murkowski-breakdown.html) id:98962034]COPY THIS EMAIL AND MAKE A LOT OF MONEY!!=20: MLM/MMF scam. Same as above.

    Listings of Spams that quote S.B. 1618 or any other Federal anti-spam bill to aid in harvesting:

  • 1999
  • 2000
  • 2001
  • 2002

    Please keep in mind: a bill is NOT a law, and anyone quoting such a bill is in fact stating that what they are sending is spam.

    Senate Bill S.1618 Exposed

    [Anti-Spam]

    ################################################
   This  message is sent in compliance of 
       the new e-mail bill:SECTION 301*
################################################
#############################################
* "Per Section 301, Paragraph (a)(2)(C) of S. 1618, 
further transmissions to you by the sender of this 
email may be stopped at no cost to you by sending a 
reply to this email address with the word 
"remove" in the subject line."
#############################################

    SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

      (a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-

        (1) IN GENERAL- A person who transmits an unsolicited commercial electronic mail message shall cause to appear in each such electronic mail message the information specified in paragraph (2).

        (2) COVERED INFORMATION- The following information shall appear at the beginning of the body of an unsolicited commercial electronic mail message under paragraph (1):

          (A) The name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message.

          (B) The name, physical address, electronic mail address, and telephone number of the person who created the content of the message, if different from the information under subparagraph (A).

          (C) A statement that further transmissions of unsolicited commercial electronic mail to the recipient by the person who initiates transmission of the message may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word `remove' in the subject line.

      (b) ROUTING INFORMATION- All Internet routing information contained within or accompanying an electronic mail message described in subsection (a) must be accurate, valid according to the prevailing standards for Internet protocols, and accurately reflect message routing.

      (c) EFFECTIVE DATE- The requirements in this section shall take effect 30 days after the date of enactment of this Act.

    SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

      (a) TRANSMISSIONS-

        (1) IN GENERAL- Upon notice from a person of the person's receipt of electronic mail in violation of a provision of section 301 or 305, the Commission--

          (A) may conduct an investigation to determine whether or not the electronic mail was transmitted in violation of such provision; and

          (B) if the Commission determines that the electronic mail was transmitted in violation of such provision, may--

            (i) impose upon the person initiating the transmission a civil fine in an amount not to exceed $15,000;

            (ii) commence in a district court of the United States a civil action to recover a civil penalty in an amount not to exceed $15,000 against the person initiating the transmission;

            (iii) commence an action in a district court of the United States a civil action to seek injunctive relief; or

            (iv) proceed under any combination of the authorities set forth in clauses (i), (ii), and (iii).

        (2) DEADLINE- The Commission may not take action under paragraph (1)(B) with respect to a transmission of electronic mail more than 2 years after the date of the transmission.

      (b) ADMINISTRATION-

        (1) NOTICE BY ELECTRONIC MEANS- The Commission shall establish an Internet web site with an electronic mail address for the receipt of notices under subsection (a).

        (2) INFORMATION ON ENFORCEMENT- The Commission shall make available through the Internet web site established under paragraph (1) information on the actions taken by the Commission under subsection (a)(1)(B).

        (3) ASSISTANCE OF OTHER FEDERAL AGENCIES- Other Federal agencies may assist the Commission in carrying out its duties under this section.

    SEC. 303. ACTIONS BY STATES.

      (a) IN GENERAL- Whenever the attorney general of a State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected because any person is engaging in a pattern or practice of the transmission of electronic mail in violation of a provision of section 301 or 305, the State, as parens patriae, may bring a civil action on behalf of its residents to enjoin such transmission, to enforce compliance with such provision, to obtain damages or other compensation on behalf of its residents, or to obtain such further and other relief as the court considers appropriate.
    OK, now you can see the ammendment to this law that is being proposed. Let's break it down one issue at a time:

    SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

      (a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-

        (1) IN GENERAL- A person who transmits an unsolicited commercial electronic mail message shall cause to appear in each such electronic mail message the information specified in paragraph (2).
    This roughly translates to: If you are going to spam, you have to follow EXISTING advertising laws to provide a VALID means of identification. We are now dictating what you must include in your spam.

        (2) COVERED INFORMATION- The following information shall appear at the beginning of the body of an unsolicited commercial electronic mail message under paragraph (1):

          (A) The name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message.
    Translation: You must provide YOUR business or residential address, your REAL email address, and your NAME and phone number when you send a spam.

          (B) The name, physical address, electronic mail address, and telephone number of the person who created the content of the message, if different from the information under subparagraph (A).
    Translation: You must provide YOUR business or residential address, your REAL email address, and your NAME and phone number when you AUTHOR the spam, if the author is different than the sender.

          (C) A statement that further transmissions of unsolicited commercial electronic mail to the recipient by the person who initiates transmission of the message may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word `remove' in the subject line.
    Translation: Because you are providing a supposedly valid email addresses, you must include this removal statement. There is nothing to enforce the removal, but there can not be a monetary cost involved by the recipients.

      (b) ROUTING INFORMATION- All Internet routing information contained within or accompanying an electronic mail message described in subsection (a) must be accurate, valid according to the prevailing standards for Internet protocols, and accurately reflect message routing.
    Translation: You may still relay rape and steal services, providing you do not FORGE information. If you can find a server that will hide your originating point, then more power to you.

      (c) EFFECTIVE DATE- The requirements in this section shall take effect 30 days after the date of enactment of this Act.
    Translation: Once this passes, you have got 30 days to spam your brains out before this kicks in. Once it kicks in, most likely nobody will do anything about this anyways.

    SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

      (a) TRANSMISSIONS-

        (1) IN GENERAL- Upon notice from a person of the person's receipt of electronic mail in violation of a provision of section 301 or 305, the Commission--

          (A) may conduct an investigation to determine whether or not the electronic mail was transmitted in violation of such provision; and
    Translation: Sure, this is spam, but is it in violation of this especially weak bit of legislation?

          (B) if the Commission determines that the electronic mail was transmitted in violation of such provision, may--
    Translation: If one of our bean counters can properly read headers to spot forgeries, or if the required information was left out, then we'll consider it to be spam.

            (i) impose upon the person initiating the transmission a civil fine in an amount not to exceed $15,000;
    Translation: Assuming we can read headers and spot the spammer, we will make the ingrate pay $15,000 as a CIVIL fine because a CRIMINAL case would be more appropriate, but we still consider this a person to person crime. However, do not hold your breath because it is doubtful that the spammer will properly identify themslves, so therefore we won't be able to find them. You are the victim, but the government will collect and you get zip. Thanks for lining my pockets!

            (ii) commence in a district court of the United States a civil action to recover a civil penalty in an amount not to exceed $15,000 against the person initiating the transmission;
    Translation: Assuming we can find the spammer, we will haul them into civil court and try to extract cash from these spammers. However, since the spammer failed to properly identify themselves, don't expect a miracle.

            (iii) commence an action in a district court of the United States a civil action to seek injunctive relief; or
    Translation: Well, if we can not easily resolve this, we will fight it out in court. Still, since we do not know who the spammer is or where the spammer is from, this might be difficult and require actual work, so it probably will not actually happen.

            (iv) proceed under any combination of the authorities set forth in clauses (i), (ii), and (iii).
    Translation: Assuming we can locate the spammer, we will sick the local cops on them to drag the spammer kicking and screaming into court. Then again, since we do not know where the spammer really is, or even WHO the spammer is, it is kind of hard to send cops to such locations.

        (2) DEADLINE- The Commission may not take action under paragraph (1)(B) with respect to a transmission of electronic mail more than 2 years after the date of the transmission.
    Translation: Chances are it will take 2 years or more before we can even figure out WHO the spammer is, as well as WHERE the spammer is, mainly due to the excessive load of complaints we will be receiving as a result of this legislation. This means that by the time we get to YOUR complaint, the statute of limitations will have run out and we will not be able to do anything. I guess you should have thought about that before bitching to us about it. So: shut up and eat your spam

      (b) ADMINISTRATION-

        (1) NOTICE BY ELECTRONIC MEANS- The Commission shall establish an Internet web site with an electronic mail address for the receipt of notices under subsection (a).
    Translation: We will set up a web site so you can use our poorly design complaint system. The system will originally consist of mailto links, but we'll soon find outselves overloaded with complaints and will move to a CGI/form based system. It will not work, and we will constantly have problems with it. It will not be easy to use, and will most likely be out of service for long periods of time due to overloads. This system will cost MILLIONS, and will be paid out of your tax dollars. Even assuming the system does work, I am sure administrative incompetence will eventually catch up and the whole system will crash in a blaze of uselessness.

        (2) INFORMATION ON ENFORCEMENT- The Commission shall make available through the Internet web site established under paragraph (1) information on the actions taken by the Commission under subsection (a)(1)(B).
    Translation: Occasionally, we will make up something and post it to the web site. Since there are thousands of different spams sent an hour, we will use the chaos theory in posting updates, on the likely chance that someone somewhere got a spam that somewhat resembled the story we made up and posted. This is much easier than actually doing our job. What do you expect from a $75,000/year federal employee, real work?

        (3) ASSISTANCE OF OTHER FEDERAL AGENCIES- Other Federal agencies may assist the Commission in carrying out its duties under this section.
    Translation: Whenever possible, we will pass the buck. These are some of the folks we will regularly dupe into doing our jobs, not like they are going to actually do our work either.

    SEC. 303. ACTIONS BY STATES.

      (a) IN GENERAL- Whenever the attorney general of a State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected because any person is engaging in a pattern or practice of the transmission of electronic mail in violation of a provision of section 301 or 305, the State, as parens patriae, may bring a civil action on behalf of its residents to enjoin such transmission, to enforce compliance with such provision, to obtain damages or other compensation on behalf of its residents, or to obtain such further and other relief as the court considers appropriate.
    Translation: Should a spammer be really prolific at spewing forth vast amounts of spam, we can let the attorney general of that state prosecute this spammer, assuming they can find the spammer. We like this idea because it means I do not have to get my butt out of my comfy chair, and I can label that situation as an "SEP". SEP is an acronym for "Someone Elses Problem". Even if this spam is being flooded out to all 50 states, it is not my problem, so kiss my ass.

    If you are one of the dilweeds who sent me unsolicited email or are someone thinking about it, drop dead.

    Also, if you've got a complaint about my anti-spam feelings or want to scold me for being justifiably sick of spam, I have the following words of wisdom for you:

    BLOW IT OUT YOUR ASS!

    Anyone else, I'd like to hear from you. Click below and drop me a line.
    Anti-Spam Site administrator