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Spamming is the use of messaging systems to send multiple unsolicited messages (spam) to large numbers of recipients for the purpose of commercial
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
, for the purpose of non-commercial proselytizing, for any prohibited purpose (especially the fraudulent purpose of phishing), or simply repeatedly sending the same message to the same user. While the most widely recognized form of spam is email spam, the term is applied to similar abuses in other media: instant messaging spam, Usenet newsgroup spam, Web search engine spam, spam in blogs,
wiki spam A wiki ( ) is an online hypertext publication collaboratively edited and managed by its own audience, using a web browser. A typical wiki contains multiple pages for the subjects or scope of the project, and could be either open to the pub ...
, online classified ads spam, mobile phone messaging spam, Internet forum spam, junk fax transmissions, social spam, spam mobile apps, television
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
and file sharing spam. It is named after Spam, a luncheon meat, by way of a Monty Python sketch about a restaurant that has Spam in almost every dish in which Vikings annoyingly sing "Spam" repeatedly. Spamming remains economically viable because advertisers have no operating costs beyond the management of their mailing lists, servers, infrastructures, IP ranges, and domain names, and it is difficult to hold senders accountable for their mass mailings. The costs, such as lost productivity and fraud, are borne by the public and by
Internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise priva ...
s, which have added extra capacity to cope with the volume. Spamming has been the subject of legislation in many jurisdictions. A person who creates spam is called a ''spammer''.


Etymology

The term ''spam'' is derived from the 1970 "Spam" sketch of the BBC sketch comedy television series '' Monty Python's Flying Circus''. The sketch, set in a
cafe A coffeehouse, coffee shop, or café is an establishment that primarily serves coffee of various types, notably espresso, latte, and cappuccino. Some coffeehouses may serve cold drinks, such as iced coffee and iced tea, as well as other non-c ...
, has a waitress reading out a menu where every item but one includes the Spam canned luncheon meat. As the waitress recites the Spam-filled menu, a chorus of Viking patrons drown out all conversations with a song, repeating "Spam, Spam, Spam, Spam… Lovely Spam! Wonderful Spam!". In the 1980s the term was adopted to describe certain abusive users who frequented BBSs and MUDs, who would repeat "Spam" a huge number of times to scroll other users' text off the screen. In early chat-room services like PeopleLink and the early days of Online America (later known as America Online or AOL), they actually flooded the screen with quotes from the Monty Python sketch. This was used as a tactic by insiders of a group that wanted to drive newcomers out of the room so the usual conversation could continue. It was also used to prevent members of rival groups from chatting—for instance, ''Star Wars'' fans often invaded ''
Star Trek ''Star Trek'' is an American science fiction media franchise created by Gene Roddenberry, which began with the eponymous 1960s television series and quickly became a worldwide pop-culture phenomenon. The franchise has expanded into vari ...
'' chat rooms, filling the space with blocks of text until the ''Star Trek'' fans left. It later came to be used on
Usenet Usenet () is a worldwide distributed discussion system available on computers. It was developed from the general-purpose Unix-to-Unix Copy (UUCP) dial-up network architecture. Tom Truscott and Jim Ellis conceived the idea in 1979, and it wa ...
to mean excessive multiple posting—the repeated posting of the same message. The unwanted message would appear in many, if not all newsgroups, just as Spam appeared in all the menu items in the Monty Python sketch. One of the earliest people to use "spam" in this sense was Joel Furr. This use had also become established—to "spam" Usenet was to flood newsgroups with junk messages. The word was also attributed to the flood of "
Make Money Fast Make Money Fast (stylised as MAKE.MONEY.FAST) is a title of an electronically forwarded chain letter created in 1988 which became so infamous that the term is often used to describe all sorts of chain letters forwarded over the Internet, by e- ...
" messages that clogged many newsgroups during the 1990s. In 1998, the
New Oxford Dictionary of English The ''Oxford Dictionary of English'' (''ODE'') is a single-volume English dictionary published by Oxford University Press, first published in 1998 as ''The New Oxford Dictionary of English'' (''NODE''). The word "new" was dropped from the titl ...
, which had previously only defined "spam" in relation to the trademarked food product, added a second definition to its entry for "spam": "Irrelevant or inappropriate messages sent on the Internet to a large number of newsgroups or users." There was also an effort to differentiate between types of newsgroup spam. Messages that were crossposted to too many newsgroups at once, as opposed to those that were posted too frequently, were called "velveeta" (after a cheese product), but this term did not persist.


History


Pre-Internet

In the late 19th century, Western Union allowed telegraphic messages on its network to be sent to multiple destinations. The first recorded instance of a mass unsolicited commercial telegram is from May 1864, when some British politicians received an unsolicited telegram advertising a dentist.


History

The earliest documented spam (although the term had not yet been coined) was a message advertising the availability of a new model of
Digital Equipment Corporation Digital Equipment Corporation (DEC ), using the trademark Digital, was a major American company in the computer industry from the 1960s to the 1990s. The company was co-founded by Ken Olsen and Harlan Anderson in 1957. Olsen was president un ...
computers sent by Gary Thuerk to 393 recipients on
ARPANET The Advanced Research Projects Agency Network (ARPANET) was the first wide-area packet-switched network with distributed control and one of the first networks to implement the TCP/IP protocol suite. Both technologies became the technical fou ...
on May 3, 1978.. Rather than send a separate message to each person, which was the standard practice at the time, he had an assistant, Carl Gartley, write a single mass email. Reaction from the net community was fiercely negative, but the spam did generate some sales. Spamming had been practiced as a prank by participants in
multi-user dungeon A MUD (; originally multi-user dungeon, with later variants multi-user dimension and multi-user domain) is a multiplayer real-time virtual world, usually text-based or storyboarded. MUDs combine elements of role-playing games, hack and slash, ...
games, to fill their rivals' accounts with unwanted electronic junk. The first major commercial spam incident started on March 5, 1994, when a husband and wife team of lawyers, Laurence Canter and Martha Siegel, began using bulk
Usenet Usenet () is a worldwide distributed discussion system available on computers. It was developed from the general-purpose Unix-to-Unix Copy (UUCP) dial-up network architecture. Tom Truscott and Jim Ellis conceived the idea in 1979, and it wa ...
posting to advertise
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
law services. The incident was commonly termed the " Green Card spam", after the subject line of the postings. Defiant in the face of widespread condemnation, the attorneys claimed their detractors were hypocrites or "zealouts", claimed they had a
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
right to send unwanted commercial messages, and labeled their opponents "anti-commerce radicals". The couple wrote a controversial book entitled ''How to Make a Fortune on the Information Superhighway''. An early example of nonprofit fundraising bulk posting via
Usenet Usenet () is a worldwide distributed discussion system available on computers. It was developed from the general-purpose Unix-to-Unix Copy (UUCP) dial-up network architecture. Tom Truscott and Jim Ellis conceived the idea in 1979, and it wa ...
also occurred in 1994 on behalf of CitiHope, an NGO attempting to raise funds to rescue children at risk during the Bosnian War. However, as it was a violation of their terms of service, the ISP Panix deleted all of the bulk posts from Usenet, only missin
three copies
Within a few years, the focus of spamming (and anti-spam efforts) moved chiefly to email, where it remains today. By 1999, Khan C. Smith, a well known hacker at the time, had begun to commercialize the bulk email industry and rallied thousands into the business by building more friendly bulk email software and providing internet access illegally hacked from major ISPs such as Earthlink and Botnets. By 2009 the majority of spam sent around the World was in the
English language English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the ...
; spammers began using automatic translation services to send spam in other languages.


In different media


Email

Email spam, also known as unsolicited bulk email (UBE), or junk mail, is the practice of sending unwanted email messages, frequently with commercial content, in large quantities. Spam in email started to become a problem when the Internet was opened for commercial use in the mid-1990s. It grew exponentially over the following years, and by 2007 it constituted about 80% to 85% of all e-mail, by a conservative estimate. Pressure to make email spam illegal has resulted in legislation in some jurisdictions, but less so in others. The efforts taken by governing bodies, security systems and email service providers seem to be helping to reduce the volume of email spam. According to "2014 Internet Security Threat Report, Volume 19" published by
Symantec Corporation Gen Digital Inc. (formerly Symantec Corporation and NortonLifeLock) is a multinational software company co-headquartered in Tempe, Arizona and Prague, Czech Republic. The company provides cybersecurity software and services. Gen is a Fortune 50 ...
, spam volume dropped to 66% of all email traffic. An industry of email address harvesting is dedicated to collecting email addresses and selling compiled databases. Some of these address-harvesting approaches rely on users not reading the fine print of agreements, resulting in their agreeing to send messages indiscriminately to their contacts. This is a common approach in social networking spam such as that generated by the social networking site Quechup.


Instant messaging

Instant messaging spam makes use of
instant messaging Instant messaging (IM) technology is a type of online chat allowing real-time text transmission over the Internet or another computer network. Messages are typically transmitted between two or more parties, when each user inputs text and tri ...
systems. Although less prevalent than its e-mail counterpart, according to a report from Ferris Research, 500 million spam IMs were sent in 2003, twice the level of 2002.


Newsgroup and forum

Newsgroup spam is a type of spam where the targets are Usenet newsgroups. Spamming of Usenet newsgroups actually pre-dates e-mail spam. Usenet convention defines spamming as excessive multiple posting, that is, the repeated posting of a message (or substantially similar messages). The prevalence of Usenet spam led to the development of the
Breidbart Index The Breidbart Index, developed by Seth Breidbart, is the most significant ''cancel index'' in Usenet. A cancel index measures the dissemination intensity of substantively identical articles. If the index exceeds a threshold the articles are cal ...
as an objective measure of a message's "spamminess". Forum spam is the creation of advertising messages on Internet forums. It is generally done by automated spambots. Most forum spam consists of links to external sites, with the dual goals of increasing search engine visibility in highly competitive areas such as weight loss, pharmaceuticals, gambling, pornography, real estate or loans, and generating more traffic for these commercial websites. Some of these links contain code to track the spambot's identity; if a sale goes through, the spammer behind the spambot earns a commission.


Mobile phone

Mobile phone spam is directed at the text messaging service of a
mobile phone A mobile phone, cellular phone, cell phone, cellphone, handphone, hand phone or pocket phone, sometimes shortened to simply mobile, cell, or just phone, is a portable telephone that can make and receive calls over a radio frequency link whi ...
. This can be especially irritating to customers not only for the inconvenience, but also because of the fee they may be charged per text message received in some markets. To comply with CAN-SPAM regulations in the US, SMS messages now must provide options of HELP and STOP, the latter to end communication with the advertiser via SMS altogether. Despite the high number of phone users, there has not been so much phone spam, because there is a charge for sending SMS. Recently, there are also observations of mobile phone spam delivered via browser push notifications. These can be a result of allowing websites which are malicious or delivering malicious ads to send a user notifications.


Social networking spam

Facebook and Twitter are not immune to messages containing spam links. Spammers hack into accounts and send false links under the guise of a user's trusted contacts such as friends and family. As for Twitter, spammers gain credibility by following verified accounts such as that of Lady Gaga; when that account owner follows the spammer back, it legitimizes the spammer. Twitter has studied what interest structures allow their users to receive interesting tweets and avoid spam, despite the site using the broadcast model, in which all tweets from a user are broadcast to all followers of the user. Spammers, out of malicious intent, post either unwanted (or irrelevant) information or spread misinformation on social media platforms.


Social spam

Spreading beyond the centrally managed social networking platforms, user-generated content increasingly appears on business, government, and nonprofit websites worldwide. Fake accounts and comments planted by computers programmed to issue social spam can infiltrate these websites.


Blog, wiki, and guestbook

Blog spam is spamming on
weblogs Weblogs may refer to: *Plural of Blog *Weblogs, Inc. Weblogs, Inc. was a blog network that published content on a variety of subjects, including tech news, video games, automobiles and pop culture. At one point, the network had as many as 90 b ...
. In 2003, this type of spam took advantage of the open nature of comments in the blogging software Movable Type by repeatedly placing comments to various blog posts that provided nothing more than a link to the spammer's commercial web site. Similar attacks are often performed against wikis and guestbooks, both of which accept user contributions. Another possible form of spam in blogs is the spamming of a certain tag on websites such as Tumblr.


Spam targeting video sharing sites

In actual video spam, the uploaded video is given a name and description with a popular figure or event that is likely to draw attention, or within the video a certain image is timed to come up as the video's
thumbnail Thumbnails are reduced-size versions of pictures or videos, used to help in recognizing and organizing them, serving the same role for images as a normal text index does for words. In the age of digital images, visual search engines and imag ...
image to mislead the viewer, such as a still image from a feature film, purporting to be a part-by-part piece of a movie being pirated, e.g. ''Big Buck Bunny Full Movie Online - Part 1/10 HD'', a link to a supposed keygen, trainer, ISO file for a
video game Video games, also known as computer games, are electronic games that involves interaction with a user interface or input device such as a joystick, controller, keyboard, or motion sensing device to generate visual feedback. This feedba ...
, or something similar. The actual content of the video ends up being totally unrelated, a Rickroll, offensive, or simply on-screen text of a link to the site being promoted. In some cases, the link in question may lead to an online survey site, a password-protected archive file with instructions leading to the aforementioned survey (though the survey, and the archive file itself, is worthless and doesn't contain the file in question at all), or in extreme cases, malware. Others may upload videos presented in an infomercial-like format selling their product which feature actors and paid testimonials, though the promoted product or service is of dubious quality and would likely not pass the scrutiny of a standards and practices department at a
television station A television station is a set of equipment managed by a business, organisation or other entity, such as an amateur television (ATV) operator, that transmits video content and audio content via radio waves directly from a transmitter on the ea ...
or
cable network Networking cables are networking hardware used to connect one network device to other network devices or to connect two or more computers to share devices such as printers or scanners. Different types of network cables, such as coaxial cable, o ...
.


VoIP Spam

VoIP spam is VoIP (Voice over Internet Protocol) spam, usually using SIP (Session Initiation Protocol). This is nearly identical to telemarketing calls over traditional phone lines. When the user chooses to receive the spam call, a pre-recorded spam message or advertisement is usually played back. This is generally easier for the spammer as VoIP services are cheap and easy to anonymize over the Internet, and there are many options for sending mass number of calls from a single location. Accounts or IP addresses being used for VoIP spam can usually be identified by a large number of outgoing calls, low call completion and short call length.


Academic search

Academic search engines enable researchers to find
academic literature Academic publishing is the subfield of publishing which distributes academic research and scholarship. Most academic work is published in academic journal articles, books or theses. The part of academic written output that is not formally pu ...
and are used to obtain citation data for calculating author-level metrics. Researchers from the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant un ...
and OvGU demonstrated that most (web-based) academic search engines, especially
Google Scholar Google Scholar is a freely accessible web search engine that indexes the full text or metadata of scholarly literature across an array of publishing formats and disciplines. Released in beta in November 2004, the Google Scholar index includes ...
are not capable of identifying spam attacks.Joeran Beel and Bela Gipp. Academic search engine spam and google scholar’s resilience against it. Journal of Electronic Publishing, 13(3), December 2010
PDF
/ref> The researchers manipulated the citation counts of articles, and managed to make Google Scholar index complete fake articles, some containing advertising.


Mobile apps

Spamming in mobile app stores include (i) apps that were automatically generated and as a result do not have any specific functionality or a meaningful description; (ii) multiple instances of the same app being published to obtain increased visibility in the app market; and (iii) apps that make excessive use of unrelated keywords to attract users through unintended searches.


Noncommercial forms

E-mail and other forms of spamming have been used for purposes other than advertisements. Many early Usenet spams were religious or political. Serdar Argic, for instance, spammed Usenet with historical revisionist screeds. A number of evangelists have spammed
Usenet Usenet () is a worldwide distributed discussion system available on computers. It was developed from the general-purpose Unix-to-Unix Copy (UUCP) dial-up network architecture. Tom Truscott and Jim Ellis conceived the idea in 1979, and it wa ...
and e-mail media with preaching messages. A growing number of criminals are also using spam to perpetrate various sorts of fraud.


Geographical origins

In 2011 the origins of spam were analyzed by
Cisco Systems Cisco Systems, Inc., commonly known as Cisco, is an American-based multinational digital communications technology conglomerate corporation headquartered in San Jose, California. Cisco develops, manufactures, and sells networking hardware, ...
. They provided a report that shows spam volume originating from countries worldwide.


Trademark issues

Hormel Foods Corporation Hormel Foods Corporation is an American food processing company founded in 1891 in Austin, Minnesota, by George A. Hormel as George A. Hormel & Company. The company originally focused on the packaging and selling of ham, sausage and other pork ...
, the maker of SPAM luncheon meat, does not object to the Internet use of the term "spamming". However, they did ask that the capitalized word "Spam" be reserved to refer to their product and trademark.


Cost–benefit analyses

The
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
's Internal Market Commission estimated in 2001 that "junk email" cost Internet users €10 billion per year worldwide. The California legislature found that spam cost United States organizations alone more than $13 billion in 2007, including lost productivity and the additional equipment, software, and manpower needed to combat the problem. Spam's direct effects include the consumption of computer and network resources, and the cost in human time and attention of dismissing unwanted messages. Large companies who are frequent spam targets utilize numerous techniques to detect and prevent spam. The cost to providers of
search engines A search engine is a software system designed to carry out web searches. They search the World Wide Web in a systematic way for particular information specified in a textual web search query. The search results are generally presented in ...
is significant: "The secondary consequence of spamming is that search engine indexes are inundated with useless pages, increasing the cost of each processed query". The costs of spam also include the collateral costs of the struggle between spammers and the administrators and users of the media threatened by spamming. Email spam exemplifies a tragedy of the commons: spammers use resources (both physical and human), without bearing the entire cost of those resources. In fact, spammers commonly do not bear the cost at all. This raises the costs for everyone. In some ways spam is even a potential threat to the entire email system, as operated in the past. Since email is so cheap to send, a tiny number of spammers can saturate the Internet with junk mail. Although only a tiny percentage of their targets are motivated to purchase their products (or fall victim to their scams), the low cost may provide a sufficient conversion rate to keep the spamming alive. Furthermore, even though spam appears not to be economically viable as a way for a reputable company to do business, it suffices for professional spammers to convince a tiny proportion of gullible advertisers that it is viable for those spammers to stay in business. Finally, new spammers go into business every day, and the low costs allow a single spammer to do a lot of harm before finally realizing that the business is not profitable. Some companies and groups "rank" spammers; spammers who make the news are sometimes referred to by these rankings.


General costs

In all cases listed above, including both commercial and non-commercial, "spam happens" because of a positive cost-benefit analysis result; if the cost to recipients is excluded as an externality the spammer can avoid paying. Cost is the combination of * Overhead: The costs and overhead of electronic spamming include bandwidth, developing or acquiring an email/wiki/blog spam tool, taking over or acquiring a host/zombie, etc. * Transaction cost: The incremental cost of contacting each additional recipient once a method of spamming is constructed, multiplied by the number of recipients (see CAPTCHA as a method of increasing transaction costs). * Risks: Chance and severity of legal and/or public reactions, including damages and punitive damages. * Damage: Impact on the community and/or communication channels being spammed (see Newsgroup spam). Benefit is the total expected profit from spam, which may include any combination of the commercial and non-commercial reasons listed above. It is normally linear, based on the incremental benefit of reaching each additional spam recipient, combined with the
conversion rate In electronic commerce, conversion marketing is marketing with the intention of increasing ''conversions—''that is, site visitors who are paying customers. Measures Conversion marketing attempts to solve low online conversions through opt ...
. The conversion rate for botnet-generated spam has recently been measured to be around one in 12,000,000 for pharmaceutical spam and one in 200,000 for infection sites as used by the
Storm botnet The Storm botnet or Storm worm botnet (also known as Dorf botnet and Ecard malware) was a remotely controlled network of "zombie" computers (or "botnet") that had been linked by the Storm Worm, a Trojan horse spread through e-mail spam. At i ...
. The authors of the study calculating those conversion rates noted, "After 26 days, and almost 350 million e-mail messages, only 28 sales resulted."


In crime

Spam can be used to spread computer viruses, trojan horses or other malicious software. The objective may be
identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was c ...
, or worse (e.g.,
advance fee fraud An advance-fee scam is a form of fraud and is one of the most common types of confidence tricks. The scam typically involves promising the victim a significant share of a large sum of money, in return for a small up-front payment, which the fraud ...
). Some spam attempts to capitalize on human greed, while some attempts to take advantage of the victims' inexperience with computer technology to trick them (e.g., phishing). One of the world's most prolific spammers, Robert Alan Soloway, was arrested by US authorities on May 31, 2007. Described as one of the top ten spammers in the world, Soloway was charged with 35 criminal counts, including mail fraud, wire fraud,
e-mail fraud Email fraud (or email scam) is intentional deception for either personal gain or to damage another individual by means of email. Almost as soon as email became widely used, it began to be used as a means to defraud people. Email fraud can take th ...
, aggravated identity theft, and money laundering. Prosecutors allege that Soloway used millions of "zombie" computers to distribute spam during 2003. This is the first case in which US prosecutors used identity theft laws to prosecute a spammer for taking over someone else's Internet domain name. In an attempt to assess potential legal and technical strategies for stopping illegal spam, a study cataloged three months of online spam data and researched website naming and hosting infrastructures. The study concluded that: 1) half of all spam programs have their domains and servers distributed over just eight percent or fewer of the total available hosting registrars and autonomous systems, with 80 percent of spam programs overall being distributed over just 20 percent of all registrars and autonomous systems; 2) of the 76 purchases for which the researchers received transaction information, there were only 13 distinct banks acting as credit card acquirers and only three banks provided the payment servicing for 95 percent of the spam-advertised goods in the study; and, 3) a "financial blacklist" of banking entities that do business with spammers would dramatically reduce monetization of unwanted e-mails. Moreover, this blacklist could be updated far more rapidly than spammers could acquire new banking resources, an asymmetry favoring anti-spam efforts.


Political issues

An ongoing concern expressed by parties such as the Electronic Frontier Foundation and the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
has to do with so-called "stealth blocking", a term for ISPs employing aggressive spam blocking without their users' knowledge. These groups' concern is that ISPs or technicians seeking to reduce spam-related costs may select tools that (either through error or design) also block non-spam e-mail from sites seen as "spam-friendly". Few object to the existence of these tools; it is their use in filtering the mail of users who are not informed of their use that draws fire. Even though it is possible in some jurisdictions to treat some spam as unlawful merely by applying existing laws against trespass and
conversion Conversion or convert may refer to: Arts, entertainment, and media * "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman'' * "Conversion" (''Stargate Atlantis''), an episode of the television series * "The Conversion" ...
, some laws specifically targeting spam have been proposed. In 2004, United States passed the CAN-SPAM Act of 2003 that provided ISPs with tools to combat spam. This act allowed Yahoo! to successfully sue Eric Head who settled the lawsuit for several thousand U.S. dollars in June 2004. But the law is criticized by many for not being effective enough. Indeed, the law was supported by some spammers and organizations that support spamming, and opposed by many in the anti-spam community.


Court cases


United States

Earthlink won a $25 million judgment against one of the most notorious and active "spammers" Khan C. Smith in 2001 for his role in founding the modern spam industry which dealt billions in economic damage and established thousands of spammers into the industry. His email efforts were said to make up more than a third of all Internet email being sent from 1999 until 2002. Sanford Wallace and Cyber Promotions were the target of a string of lawsuits, many of which were settled out of court, up through a 1998 Earthlink settlement that put Cyber Promotions out of business. Attorney Laurence Canter was disbarred by the Tennessee Supreme Court in 1997 for sending prodigious amounts of spam advertising his immigration law practice. In 2005, Jason Smathers, a former America Online employee, pleaded guilty to charges of violating the
CAN-SPAM Act The Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 is a law passed in 2003 establishing the United States' first national standards for the sending of commercial e-mail. The law requires the Federal Trad ...
. In 2003, he sold a list of approximately 93 million AOL subscriber e-mail addresses to Sean Dunaway who sold the list to spammers. In 2007, Robert Soloway lost a case in a federal court against the operator of a small Oklahoma-based Internet service provider who accused him of spamming. U.S. Judge Ralph G. Thompson granted a motion by plaintiff Robert Braver for a default judgment and permanent injunction against him. The judgment includes a statutory damages award of about $10 million under Oklahoma law. In June 2007, two men were convicted of eight counts stemming from sending millions of e-mail spam messages that included hardcore pornographic images. Jeffrey A. Kilbride, 41, of Venice, California was sentenced to six years in prison, and James R. Schaffer, 41, of
Paradise Valley, Arizona Paradise Valley is a town in Maricopa County, Arizona, United States, and a suburb of Phoenix, the state's largest city. It is Arizona's wealthiest municipality. The town is known for its luxury golf courses, shopping, expensive real estate, ...
, was sentenced to 63 months. In addition, the two were fined $100,000, ordered to pay $77,500 in restitution to AOL, and ordered to forfeit more than $1.1 million, the amount of illegal proceeds from their spamming operation. The charges included
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
, fraud, money laundering, and transportation of obscene materials. The trial, which began on June 5, was the first to include charges under the CAN-SPAM Act of 2003, according to a release from the Department of Justice. The specific law that prosecutors used under the CAN-Spam Act was designed to crack down on the transmission of pornography in spam. In 2005, Scott J. Filary and Donald E. Townsend of
Tampa, Florida Tampa () is a city on the Gulf Coast of the U.S. state of Florida. The city's borders include the north shore of Tampa Bay and the east shore of Old Tampa Bay. Tampa is the largest city in the Tampa Bay area and the seat of Hillsborough ...
were sued by Florida Attorney General
Charlie Crist Charles Joseph Crist Jr. (; born July 24, 1956) is an American attorney and politician who served as the 44th governor of Florida from 2007 to 2011 and as the U.S. representative for from 2017 to 2022. Crist has been a member of the Democratic ...
for violating the Florida Electronic Mail Communications Act. The two spammers were required to pay $50,000 USD to cover the costs of investigation by the state of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
, and a $1.1 million penalty if spamming were to continue, the $50,000 was not paid, or the financial statements provided were found to be inaccurate. The spamming operation was successfully shut down. Edna Fiedler, 44, of
Olympia, Washington Olympia is the capital of the U.S. state of Washington and the county seat and largest city of Thurston County. It is southwest of the state's most populous city, Seattle, and is a cultural center of the southern Puget Sound region. Europea ...
, on June 25, 2008, pleaded guilty in a Tacoma court and was sentenced to 2 years imprisonment and 5 years of supervised release or probation in an Internet $1 million "Nigerian check scam." She conspired to commit bank, wire and mail fraud, against US citizens, specifically using Internet by having had an
accomplice Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the telle ...
who shipped counterfeit checks and money orders to her from
Lagos Lagos (Nigerian English: ; ) is the largest city in Nigeria and the second most populous city in Africa, with a population of 15.4 million as of 2015 within the city proper. Lagos was the national capital of Nigeria until December 1991 fo ...
, Nigeria, the previous November. Fiedler shipped out $609,000 fake check and money orders when arrested and prepared to send additional $1.1 million counterfeit materials. Also, the U.S. Postal Service recently intercepted counterfeit checks, lottery tickets and eBay overpayment schemes with a value of $2.1 billion. In a 2009 opinion, '' Gordon v. Virtumundo, Inc.'', 575 F.3d 1040, the Ninth Circuit assessed the standing requirements necessary for a private plaintiff to bring a civil cause of action against spam senders under the CAN-SPAM Act of 2003, as well as the scope of the CAN-SPAM Act's federal preemption clause.


United Kingdom

In the first successful case of its kind,
Nigel Roberts Dr Nigel Roberts FIoD FBCS FRSA is a British computer scientist. Early life Roberts was born in Liverpool and grew up in Lancashire. Education Educated at Wigan and Prescot Grammar Schools, he received his first degree in Computer Science f ...
from the
Channel Islands The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
won £270 against Media Logistics UK who sent junk e-mails to his personal account. In January 2007, a Sheriff Court in Scotland awarded Mr. Gordon Dick £750 (the then maximum sum that could be awarded in a Small Claim action) plus expenses of £618.66, a total of £1368.66 against Transcom Internet Services Ltd. for breaching anti-spam laws. Transcom had been legally represented at earlier hearings, but were not represented at the proof, so Gordon Dick got his decree by default. It is the largest amount awarded in compensation in the United Kingdom since Roberts v Media Logistics case in 2005. Despite the statutory tort that is created by the Regulations implementing the EC Directive, few other people have followed their example. As the Courts engage in active case management, such cases would probably now be expected to be settled by mediation and payment of nominal damages.


New Zealand

In October 2008, an international internet spam operation run from New Zealand was cited by American authorities as one of the world's largest, and for a time responsible for up to a third of all unwanted e-mails. In a statement the US Federal Trade Commission (FTC) named Christchurch's Lance Atkinson as one of the principals of the operation. New Zealand's Internal Affairs announced it had lodged a $200,000 claim in the High Court against Atkinson and his brother Shane Atkinson and courier Roland Smits, after raids in Christchurch. This marked the first prosecution since the Unsolicited Electronic Messages Act (UEMA) was passed in September 2007. The FTC said it had received more than three million complaints about spam messages connected to this operation, and estimated that it may be responsible for sending billions of illegal spam messages. The US District Court froze the defendants’ assets to preserve them for consumer redress pending trial. U.S. co-defendant Jody Smith forfeited more than $800,000 and faces up to five years in prison for charges to which he pleaded guilty.


Bulgaria

While most countries either outlaw or at least ignore spam,
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
is the first and until now only one to legalize it. According to the Bulgarian E-Commerce act (Чл.5,6) anyone can send spam to mailboxes published as owned by a company or organization as long as there is a "clear and straight indication that the message is unsolicited commercial e-mail" ("да осигури ясното и недвусмислено разпознаване на търговското съобщение като непоискано") in the message body. This made lawsuits against Bulgarian ISP's and public e-mail providers with antispam policy possible, as they are obstructing legal commerce activity and thus violate Bulgarian antitrust acts. While there are no such lawsuits until now, several cases of spam obstruction are currently awaiting decision in the Bulgarian Antitrust Commission (Комисия за защита на конкуренцията) and can end with serious fines for the ISPs in question. The law contains other dubious provisions — for example, the creation of a nationwide public electronic register of e-mail addresses that do not want to receive spam. It is usually abused as the perfect source for e-mail address harvesting, because publishing invalid or incorrect information in such a register is a criminal offense in Bulgaria.


Newsgroups

* '' news.admin.net-abuse.email''


See also

* (avoidance technique) * (Nigerian spam) * * * * * * * * * * * * * * * * * * * ;History * * * * *


References


Citations


Sources

*


Further reading

* Brunton, Finn. ''Spam: A Shadow History of the Internet'' (MIT Press; 2013) 304 pages; $27.95). A cultural and technological history * Sjouwerman, Stu; Posluns, Jeffrey
"Inside the spam cartel: trade secrets from the dark side"
Elsevier/Syngress; 1st edition, November 27, 2004. * Brown, Bruce Cameron "How to stop e-mail spam, spyware, malware, computer viruses, and hackers from ruining your computer" Atlantic Publishing Group, 2011. * Dunne, Robert "Computers and the law: an introduction to basic legal principles and their application in cyberspace" Cambridge University Press, 2009. * The Spam Archive , Spamde
"Spam Archive list of spam from traceable sources"
2014-15 (including 2008-2013) over 35,000 spam emails listed


External links


1 December 2009: arrest of a major spammer



Cybertelecom:: Federal spam law and policy

Federal Trade Commission page with spam reduction tips and reporting

Malware City - The Spam Omelette
BitDefender's weekly report on spam trends and techniques.

Overview and text of the first known internet e-mail spam.


Spamtrackers SpamWiki
a peer-reviewed spam information and analysis resource.
Why am I getting all this spam? CDT
{{DEFAULTSORT:Spam (Electronic)