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CAN-SPAM Act: 1; Spammers: 90 Billion

For those of us who have become resentful noncombatants in the war on spam, grimly deleting the “make-p3nis-fast” missives that inundate us in muttering outrage, news that prosecutors are finally going to bring down some righteous retribution of spammer Adam Vitale brings a welcome smile to the face. Vitale pleaded guilty yesterday to broadcasting 1.2 million unsolicited emails to AOL users for several days in August 2005. Under the provisions of the CAN-SPAM Act, he faces a maximum sentence of 11 years in prison and a fine of $250,000 or double the maximum gain or loss from his offense, which could be quite hefty if his claims of making $40,000 a week from pump-and-dump spamming prove true.

Sadly, Vitale’s fate likely won’t make an appreciable dent in the spam pouring into anyone’s inbox. Current estimates put the number of spam messages broadcast at about 90 billion per day. “I think this is a moral victory for AOL, but not much else,” Adam O’Donnell, director of emerging technologies at Cloudmark, told IDG. “The economic motivations underlying abuse mean some other spammer has already taken his place, and it is likely the spammer’s replacement is coming from outside American jurisdiction.”

Comments

  1. Retribution is nice, though, isn’t it? :-)

    Fact is, remove one spammer and ten will take his place. Prosecution is nice, but hardly a solution to the spam epidemic.

    The war on spam so far has been an arms race that spammers are clearly winning. Economic incentives to spam are high and purely filter based technical solutions to spam are routinely circumvented.

    $40k a week is some nice scratch for a developer. I bet the makers of anti-spam software don’t make that kind of money.

    Until there is some financial dis-incentive to spam, this problem is not getting any better.

    Cheers,
    Randy Stewart
    randy@boxbe.com

    [Disclosure: I work for Boxbe, a market based solution to spam]

    Posted by Randy Stewart at June 13th, 2007 at 12:53 pm

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