Getting the top spammers
Submitted by brad on Sat, 2005-05-21 09:54A recent item posted on politech and Farber's IP mailing lists caused some controversy, so I thought I should expand on it here.
The spam law debate has been going on for close to a decade. There are people with many views, and we've all heard the other side's views many times as well. The differences lie in more fundamental values that are hard to change through argument.
Because of that there are giant spam law battles among people who are generally all on the same side -- getting rid of spam. Each spam law proposal has people who feel it does too much and chills legitimate speech on one side, and those who feel it does too little and legitimizes some spam on the other. (With many other subtleties as well.)
It's commonly reported that most spam is sent by a relatively small group of hardcore, heavy volume spammers. In theory much from a group of 20, and the bulk from a group of around 200. I have never known if this is true or not, but a recent conversation with a leading antispam activist gave evidence that it was. Antispammers have tracked down a lot of spam, seen billions of spams come into spam-traps and even infiltrated spammer "bulker" message boards to learn who's who and how they operate.
So let's assume for the moment that it's true that most spam comes from this core group. Let's focus spam law efforts on a law designed just to get them. A law so narrowly targetted that nobody need fear a chilling effect on legitimate speech, that everybody can get behind. (A law that also makes it clear that it's not precluding other laws or giving blessing to lesser spammers.)
I would see such a law demanding many criteria. It would require the spammer send millions of spams. It would require the spammer do this with wilful disregard for the consequences -- ie. a malicious intent. It could require the spammer have made $10,000 from their spamming. It would also provide funding and direction for law enforcement to actually go after these spammers. It would fine them into bankruptcy (all they ever made from spamming plus punative fines) and possibly jail them, particularly if other criminal actions like fraud, sale of illegal products and computer breakins were involved.
This wouldn't stop all spammers, but it might well put a real dent in the volume of spam, and scare off many from entering the upper echelons of spamming. This is a great deal more than any other spam law has managed to do.