Internet and e-mail policy and practice
including Notes on Internet E-mail


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01 Sep 2010

ARF is now an IETF standard Email

When a user of a large mail system such as AOL, Yahoo, or Hotmail reports a message as junk or spam, one of the things the system does is to look at the source of the message and see if the source is one that has a feedback loop (FBL) agreement with the mail system. If so, it sends a copy of the message back to the source, so they can take appropriate action, for some version of appropriate. For several years, ARF, Abuse Reporting Format, has been the de-facto standard form that large mail systems use to exchange FBL reports about user mail complaints.

Until now, the only documentation for ARF was a draft spec originally written Yakov Shafranovich in 2005, and occasionally updated originally by him and later by other people including myself. Earlier this year, the IETF chartered a working group called MARF which took that draft, brought the references up to date, stripped out a lot of options that seemed useful five years ago but in practice nobody ever used, and this week it was finally published as RFC 5965.

See more ...


posted at: 11:06 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Email/arfstd.trackback


29 Aug 2010

Truth in spamming Email

Here's the body of a phish purporting to tell me about a $386 refund from the Canada Revenue Agency. Even disregarding the signature that says Internal Revenue Service, check out that alt text and file name for the image.

After the last annual calculations of your fiscal activity we have
determined that you are eligible to receive a tax refund of $386.00
Please submit the tax refund request and allow us 6-9 days in order to
process it. <br />
<br />
A refund can be delayed for a variety of reasons. For example
submitting invalid records or applying after the deadline.
<br />
<img height="340" alt="Fake CRA site"
src="http://video.itworldcanada.com/ITBUimages/Jan19/fake_cra.jpg"
width="450" /><br /> To access the form for your tax refund, please
<U><a
href="URL of phish site">click
here</a></U> <br />
<br />
Regards, <br />
Internal Revenue Service

posted at: 18:55 ::
permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Email/truespam.trackback


09 Aug 2010

Google and Verizon offer a gift to spammers Email
Earlier today, Google and Verizon offered a widely publicized "Proposal for an Open Internet." There's been extensive comment with
lots of reasons not to like it, but one I haven't seen is that the proposal would make it much harder to filter so-called "mainsleaze" spam.

See more ...


posted at: 23:48 :: permanent link to this entry :: 1 comments
Trackback link is http://weblog.johnlevine.com/Email/googvz.trackback


01 Aug 2010

Even if Do-not-track were a good idea, could it ever work?

In a recent article, I read about increasingly intrusive tracking of online users, which has lead to a proposal at the FTC

FTC Chairman Jon Leibowitz said the system would be similar to the Do-Not-Call registry that enables consumers to shield their phone numbers from telemarketers.
Maybe I'm dense, but even if this weren't a fundamentally bad idea for policy reasons, I don't see how it could work.

See more ...


posted at: 19:26 :: permanent link to this entry :: 1 comments
Trackback link is http://weblog.johnlevine.com/donottrack.trackback


27 Jul 2010

It's legal to jailbreak your iPhone, sort of Copyright Law
Recent
fairly breathless news coverage has said that the US government has said it's legal to jailbreak your iPhone. That's somewhat correct but the reality is, as usual, somewhat more complex.

See more ...


posted at: 22:58 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Copyright_Law/jailbreak.trackback


14 Jul 2010

One more round in E360 Insight vs. Spamhaus Email
Back in 2007, the Seventh Circuit
sent the case back to the trial court and it's been moving very, very, very slowly, mostly because E360 repeatedly failed to respond when they were supposed to. On June 11, Judge Korcoras made his decision. He found plaintiff David Linhardt's estimates of his losses rather unpersuasive, and awarded him $1 on claims of tortious interference with prospective economic advantage, and $1 for defamation. But he also awarded $27,000 for interference with E360's existing contracts, based on one month's revenue from his three customers Smart Bargains, Vendare, and Optinbig. A few days ago, Spamhaus' lawyers filed a very clever motion to reconsider.

See more ...


posted at: 23:37 :: permanent link to this entry :: 4 comments
Trackback link is http://weblog.johnlevine.com/Email/she360again.trackback


12 Jul 2010

Does the First Amendment forbid spam filtering? Email

A friend of mine wrote to ask:

The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective.
Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice.

See more ...


posted at: 03:07 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Email/filter1st.trackback


26 Jun 2010

The .XXX fiasco is almost over ICANN

At Friday's meeting of the ICANN board in Brussels, they voted, probably for the last time, to approve the 2004 application for the .XXX domain.

Purely on the merits, there is of course no need for a top level domain for porn. This isn't about the merits, this is about whether ICANN follows its own rules. Despite overheated press reports, .XXX will not make porn any more available online than it already is (how could it?), there is no chance of all porn being forced into .XXX (that's a non-starter under US law), and .XXX will have no effect on the net other than perhaps being a place to put legal but socially marginal porn far away from any accidental visitors.

See more ...


posted at: 01:50 :: permanent link to this entry :: 1 comments
Trackback link is http://weblog.johnlevine.com/ICANN/xxxok.trackback


06 Jun 2010

Does CAN SPAM cover affiliate spam? Email

Affiliate marketing is a popular way to advertise on the Net. A company signs up affiliates, or more often an intermediary that signs up the affiliates, and pays for each lead or each sale. Web affiliate marketing is fairly respectable (check out my Amazon affiliate store and the links on my airline ticket web site) but mail affiliates, particularly mail affiliates through intermediaries, are a cesspit. While there are doubtless mail affiliates that behave themselves, there are far too many of them that sign up and spam like crazy on the somewhat accurate theory that the more spam they send, the more responses they will get and the more leads they'll have to sell, with the only downside being that they might have a cheap hosting account cancelled.

The marketers and intermediaries invariably make the affiliates promise not to spam, but since they don't know what addresses the affiliates are mailing to, and see only the leads and (maybe) the occasional complaint from recipients of the ads, it's extremely difficult to monitor what the affiliates are doing. Moreover, it is very hard to build a substantial true opt-in mailing list, and if you have a good list, its value for your own business is too great to be worth annoying the people on it by sending third-party ads. Hence affiliates have to use lousy lists, such as purchased lists of dubious provenance, addresses mechanically scraped off web sites. It's an open secret in the business that the business is full of sleazeballs who will cheerfully do things like using a suppression list provided by marketer A as a prospect list for marketer B.

With this in mind, does a marketer bear responsibility under CAN SPAM for mail that affiliates send? The answer, both from the wording of CAN SPAM and from simple logic, should be of course it does, but the sad tale of ASIS vs. Azoogle suggests that judges think it doesn't, at least not in the Ninth Circuit.

See more ...


posted at: 00:52 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Email/asisaff.trackback


22 May 2010

Verisign leaves the security certificate business ICANN
Earlier this week in a
press release, Verisign said that they are selling their SSL certificate business to Symantec. Verisign is the dominant player in this market, having absorbed competitor Thawte in 1999, and Geotrust in 2006. Three years ago, when Verisign decided to divest its non-core businesses, they kept the certificate business. So what's changed?

See more ...


posted at: 01:01 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/ICANN/vrsnssl.trackback


16 May 2010

Photographers pile on to the Google settlement bandwagon Copyright Law
Last month the American Society of Media Photographers and other professional photographers filed
a class action suit against Google that bears a startling, dare I say, near photographic resemblance to the Authors Guild vs. Google class action. The latter case came to a proposed settlement that, in the opinion of many people including me, would be a breathtakingly aggressive rewrite of global copyright law in favor of Google and the members of the Authors Guild. (I'm a member, but they've never asked me or any other member whether we want them to do so.) The settlement has been in and out of court for the past couple of years, having provoked objections from parties ranging from the US Department of Justice to the State of Connecticut to the Federal Republic of Germany to the Open Book Alliance.

See more ...


posted at: 01:29 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Copyright_Law/pileon.trackback


15 May 2010

The most confused spam suit of the year Email
Last year, Russ Smith of consumer.net filed a
most peculiar suit against Comcast (his home ISP), Microsoft, Cisco, and TrustE, pro se, claiming a long laundry list of malicious behavior and privacy violations. Last week the judge threw out the entire suit, but gave him one more chance to refile and try to correct the flaws. Among Smith's claims are that Comcast and Microsoft's Frontbridge subsidiary have blacklisted him personally. To the surprise of many observers, the judge did not accept Comcast's defense that 47 USC 230 (the CDA) gives them blanket immunity for good faith spam filtering. Smith claimed that Comcast said they'd unblock his mail if he paid them more money, which he interpreted as pay to spam, which if true would mean the blocking was in bad faith. While Comcast may well have said something like that, it didn't mean what Smith claimed. Having exchanged some mail about the suit with Smith last fall, I think I understand what was going on, which was that despite having some sort of certificate called a CISSP, Smith fails to understand the way that e-mail works, and he has imagined a vast conspiracy to explain what was really configuration errors, a poor choice of server hosting, and perhaps malware infecting his mail server.

See more ...


posted at: 01:44 :: permanent link to this entry :: 7 comments
Trackback link is http://weblog.johnlevine.com/Email/consumer.trackback


14 May 2010

What are e-books worth? (Part II) Copyright Law

In our last installment we learned that most of the cost of a paper book is in spent the editorial process, not the physical printing and binding, so even though e-books cost nothing to produce physically, the cost to the publisher is nearly the same, so they can't afford to sell them for much less than paper books.

Today we'll look at the reasons that, even though they have some undeniable advantages, e-books are worth a lot less to book buyers than paper books. Assuming you already have a reading device like a Kindle, an iPad, or a Sony reader, you can store hundreds of e-books in it. In some cases you can share the books, along with your bookmarks and notes between devices, e.g., a Kindle and an iTouch or Blackberry running the Kindle app. The problem is that the "book" you buy to read on your device is not really a book, it's what publishers wish books were.

See more ...


posted at: 01:19 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Copyright_Law/ebook2.trackback


11 May 2010

What are e-books worth? (Part I) Copyright Law

For us authors who have been writing paper books, e-books are the savior of the industry, or a a disastrous pact with the devil, or maybe both at the same time. The splashy launch of the Apple iPad, of which there are now over a million in users' hands, has coincided with a power struggle among Amazon, whose Kindle makes them the dominant retailer of e-books, Apple, who wants to muscle in using the iPad, and the major book publishers. Google also plans to enter the market this summer through their Google Editions store, selling copies of many of the books they've scanned in Google Books.

There are two main problems with the e-book market--e-books are not much cheaper for a publisher to produce than paper books, but they are for the buyer a far inferior product.

See more ...


posted at: 00:15 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Copyright_Law/ebook.trackback


08 May 2010

The real issue about ICANN and .XXX ICANN

Way back in 2004, ICANN invited applications for a round of new TLDs. They got quite a few. Some were uncontroversial, such as .JOBS for the HR industry. Some were uncontroversial but took a long time, such as .POST which took five years of negotiation, entirely due to the legal peculiarities of the registry being part of the UN. But one was really controversial, .XXX. By 2005, the applicant, ICM registry, had satisfied all the criteria that ICANN set out in the 2004 round to get .XXX approved, and ICANN has been stalling them ever since, including an ICANN board vote against approval in 2007. Most recently, ICM used a reconsideration process specified in ICANN's bylaws to review the board's actions, and the report not surprisingly said that ICM had followed all the rules, and the board had not.

Before discussing what the issue with .XXX is, here are some things that the issue isn't.

See more ...


posted at: 01:30 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/ICANN/dotxxx.trackback


06 May 2010

Why aren't there more spam lawsuits? Email
The CAN SPAM act has been in place for five and a half years. Compatible state laws have been in place nearly as long. Anti-spam laws in the EU, Australia, and New Zealand were enacted years ago. But the number of significant anti-spam lawsuits is so small that individual bloggers can easily keep track of them. Considering that several billion spams a day are sent to people's inboxes, where are all the anti-spam lawsuits?

See more ...


posted at: 01:30 :: permanent link to this entry :: 3 comments
Trackback link is http://weblog.johnlevine.com/Email/spamsuits.trackback


21 Apr 2010

More on portable email addresses Email
Last month a bill in the Israeli Knesset would have required ISPs to provide portable e-mail addresses, analogous to portable phone numbers that one can take from one phone company to the other. As I
noted at the time, e-mail works differently from telephone calls, and portability would be difficult, expensive, and unreliable. So I was wondering, idly, if we really wanted to provide portable e-mail addresses, how hard would it be?

See more ...


posted at: 00:40 :: permanent link to this entry :: 3 comments
Trackback link is http://weblog.johnlevine.com/Email/moreport.trackback


14 Apr 2010

Another spam case lost in Washington, or Gordon strikes again Email
Bennett Haselton, who runs the
Peacefire anti-censorship site, is one of the more successful anti-spam litigants. He says he's filed about 140 suits, mostly in small claims court, and has won the majority of the suits that got far enough to be decided on the merits. But last month, in Federal court in Seattle, he lost a suit against Quicken Loans that he should have won, partly because of his own mistakes, but largely because of the pernicious effect of Gordon vs. Virtumundo.

See more ...


posted at: 01:14 :: permanent link to this entry :: 0 comments
Trackback link is http://weblog.johnlevine.com/Email/peacespam.trackback


22 Mar 2010

Oh, really? Email
This morning I got a paper catalog addressed to VICE PRESIDENT OF MARKETING, NETWORK ABUSE CLEARINGHOUSE, better known as abuse.net, from infoUSA, the giant junk mail database company. Vice President? Wow, must be someone important, but since there's nobody here but me, I guess I'll take a look.

See more ...


posted at: 15:53 :: permanent link to this entry :: 1 comments
Trackback link is http://weblog.johnlevine.com/Email/infousa.trackback


06 Mar 2010

Are portable e-mail addresses possible? Email
News reports say that the Israeli government is close to passing a law that requires portable e-mail addresses, similar to portable phone numbers. Number portability has been a success, making it much easier to switch from one provider to another, and address portability might ease switching among ISPs. But e-mail is not phone calls. Is it even possible?

See more ...


posted at: 01:02 :: permanent link to this entry :: 2 comments
Trackback link is http://weblog.johnlevine.com/Email/mailport.trackback


25 Feb 2010

Another reason not to buy mailing lists Email

A recent online article in BtoB magazine about Sending e-mail when you don't have an opt-in has caused quite a stir in the online marketing and anti-spam community, but perhaps not for the reasons the author hoped.

The article is about a company called Netprospex which sells and trades contact lists, for the specific purpose of marketing. Other people have noted that buying a list from them and mailing to it is a quick route to getting yourself booted off your provider, but I was idly wondering, since single messages to real people are generally OK, if their individual contacts were useful.

See more ...


posted at: 20:56 :: permanent link to this entry :: 1 comments
Trackback link is http://weblog.johnlevine.com/Email/oojunk.trackback


16 Feb 2010

Looking for Jefferson's Moose, but not finding it ICANN

Law and policy professor David Post's book In Search of Jefferson's Moose looks at the growth of the Internet, using some aspects of the early history of the American republic as a metaphor. It received a lot of positive reviews when it came out last year.

I read it, and was surprised to find that the reviews all missed a critical detail: most of what he says about the Internet is just plain factually wrong, which discredits all his conclusions. You can read my full review here with the dismaying details.


posted at: 19:26 :: permanent link to this entry :: 2 comments
Trackback link is http://weblog.johnlevine.com/ICANN/moose.trackback


15 Feb 2010

No more free money: everything bad you've heard about Capital One is true Money

For the past couple of months, I've been trying an experiment in which I deposit "payment checks" from my credit card in my savings account, then pay off the account when the bill comes so I collect the savings interest. But not any more.

On Feb 4th, I paid the balance from last time, and on Feb 5th, Capital One's web site said my balance was zero and I had lots of credit. So on the 8th, the next time I was at the bank, I deposited this month's payment check. On the 11th Capital One bounced it. Huh?

See more ...


posted at: 17:54 :: permanent link to this entry :: 3 comments
Trackback link is http://weblog.johnlevine.com/Money/freelast.trackback


28 Jan 2010

Free Money: January update and tax planning Money

Capital One sent me some "payment checks" which give a grace period just like a credit card charge, so I deposited a couple in my savings account to collect the interest.

Earlier this month I paid my bill electronically the day before the due date, and once I saw it had posted on their site, I wrote myself another check and deposited it in the bank. Payment and deposit posted at the bank on the same day, so I'm earning my 1.35% APY uninterrupted. When this month's bill arrived, there were three more payment checks in the envelope with it, and in the same day's mail was a little booklet with three more, just in case. I guess they really want to lend me money at 0% interest.

In the meantime, I've been pondering how to best pay my taxes. Since I'm self-employed my income varies a lot from year to year, and this year I'll have a large payment due in April. I could write them a check, but what fun would that be?

You can pay your taxes with plastic through three providers who have arrangements with the IRS. Since the IRS won't pay a merchant fee, they all charge extra. If you use a credit card, they charge 1.95% or 2.35%, much more than any plausible card rebate. But if you pay with a debit card, there's a flat fee of about $4. One bank I use now offers reward points on debit card payments. It's not a lot, one point per $2 with a point being worth about a penny, but a payment of $800 would earn more than $4 of points, and my tax bill will be considerably more than that. Hmmn.


posted at: 01:13 :: permanent link to this entry :: 2 comments
Trackback link is http://weblog.johnlevine.com/Money/freejan.trackback


01 Jan 2010

Google Loses Another Domain Name Dispute ICANN

For the benefit of trademark owners, ICANN has something called the UDRP (Uniform Dispute Resolution Process) that allows the owner to file a complaint against an allegedly infringing domain name, to be resolved by one of a small set of arbitrators. About 90% of UDRP cases that proceeed to a decision are decided in favor of the complainant; opnions differ as to whether that's because of the merit of the complaints or the institutional bias of the arbitrators.

Google files lots of UDRP complaints. One arbitrator is the World International Property Organization in Geneva. In 2009 they decided all of their Google cases in Google's favor: googlemapsargentina.com, googleinstores.com, adsgoogle.net, google4people.net, googblog.com, mygooglemoney.com, and googlehrd.com.

See more ...


posted at: 22:51 :: permanent link to this entry :: 1 comments
Trackback link is http://weblog.johnlevine.com/ICANN/groovle.trackback


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