Friday, January 4. 2008
Ralsky indictment is good news for all email users
I've always maintained that spam does not make one great, but Al Ralsky kept a relatively high profile for long enough that his unwelcome intrusions into our inboxes – and our friends' inboxes, and our parents' inboxes, and our children's inboxes – will be long remembered.
Today the entire email industry is cheering the arrest and indictment of Ralsky and his gang, which was reported in the Detroit Free Press this morning. It’s obviously good news for anti-spammers, who have been clamoring for prosecutions of illegal spamming activity for more than a decade. But it’s also wonderful news for the email marketing industry, which has been trying to show the world that they aren’t spammers. Now, the marketers can point to Ralsky’s illegal activities and state with one voice: “we do not do these awful things.”
But I think the marketers have to ask themselves: is there anything Ralsky was doing which isn’t illegal per se, but might still be considered spam-like in the eyes of your subscribers? Perhaps a subject line which is only slightly misleading – not enough to violate CAN-SPAM, but enough to violate the trust your subscribers have in your brand. Perhaps treating opt-in as a license to blast them over and over, until your message falls on deaf ears. If a sender acts like a spammer, even if they aren’t bad enough to get arrested, how different are they from Al Ralsky and his ilk?
And likewise, I think the anti-spammers have to consider whether following “big name” spammers is worth the effort. It seems certain that for every high-profile blowhard like Ralsky, there’s another dozen who are just as prolific – but, like most other criminals, never seek attention.
This is a great triumph for all who want to preserve email as a viable communications medium. We congratulate the United States Department of Justice and the FBI for their impressive work, and the Spamhaus Project for keeping a close eye on Ralsky’s activities for so long. But this is not the end of spam; far from it.
This article was also published by Return Path.
Thursday, July 12. 2007
Today the entire email industry is cheering the arrest and indictment of Ralsky and his gang, which was reported in the Detroit Free Press this morning. It’s obviously good news for anti-spammers, who have been clamoring for prosecutions of illegal spamming activity for more than a decade. But it’s also wonderful news for the email marketing industry, which has been trying to show the world that they aren’t spammers. Now, the marketers can point to Ralsky’s illegal activities and state with one voice: “we do not do these awful things.”
But I think the marketers have to ask themselves: is there anything Ralsky was doing which isn’t illegal per se, but might still be considered spam-like in the eyes of your subscribers? Perhaps a subject line which is only slightly misleading – not enough to violate CAN-SPAM, but enough to violate the trust your subscribers have in your brand. Perhaps treating opt-in as a license to blast them over and over, until your message falls on deaf ears. If a sender acts like a spammer, even if they aren’t bad enough to get arrested, how different are they from Al Ralsky and his ilk?
And likewise, I think the anti-spammers have to consider whether following “big name” spammers is worth the effort. It seems certain that for every high-profile blowhard like Ralsky, there’s another dozen who are just as prolific – but, like most other criminals, never seek attention.
This is a great triumph for all who want to preserve email as a viable communications medium. We congratulate the United States Department of Justice and the FBI for their impressive work, and the Spamhaus Project for keeping a close eye on Ralsky’s activities for so long. But this is not the end of spam; far from it.
This article was also published by Return Path.
Defined tags for this entry: al ralsky, criminal activity, doj, fbi, north america, perspective, spam gangs, united states
Commentary on the FTC Spam Summit
The following speech was prepared with the intention of using portions of it during the FTC Spam Summit, but CAUCE was not given the opportunity to participate due to time constraints.
My name is Neil Schwartzman. Beyond — as I noted yesterday — representing Return Path Inc. here at this conference, I have a second life, as it were, as the Executive Director of CAUCE in North America. CAUCE is the Coalition Against Unsolicited Commercial Email, a consumers' rights advocacy group.
I am here today to question. Yesterday we heard how the tenor of the discussion about spam became more mature. How, in the period of time that has elapsed since the last summit, things have developed as an industry.
That may be true, but I question if the discussion at hand here this week is truly a big tent effort.
I see few anti-spammers here. I see only one blacklist operator, and no filtering service providers here. I see no consumer organizations here. Heck, I don't see but one spammer on the panels. I didn't see anyone challenge him during his attempts to cast himself as a legitimate business man, no-one mentioned his attempts to bribe staff at at least one large receiving site to accept his mail, or his efforts to open a school for spammers. Where is former FTC Commissioner Orson Swindle and his "couple of public hangings" when you need him, and them?
Tuesday, June 5. 2007
My name is Neil Schwartzman. Beyond — as I noted yesterday — representing Return Path Inc. here at this conference, I have a second life, as it were, as the Executive Director of CAUCE in North America. CAUCE is the Coalition Against Unsolicited Commercial Email, a consumers' rights advocacy group.
I am here today to question. Yesterday we heard how the tenor of the discussion about spam became more mature. How, in the period of time that has elapsed since the last summit, things have developed as an industry.
That may be true, but I question if the discussion at hand here this week is truly a big tent effort.
I see few anti-spammers here. I see only one blacklist operator, and no filtering service providers here. I see no consumer organizations here. Heck, I don't see but one spammer on the panels. I didn't see anyone challenge him during his attempts to cast himself as a legitimate business man, no-one mentioned his attempts to bribe staff at at least one large receiving site to accept his mail, or his efforts to open a school for spammers. Where is former FTC Commissioner Orson Swindle and his "couple of public hangings" when you need him, and them?
Spam has changed, and so must CAUCE
We were shocked, not so very many years ago, when AOL reported that spam was 30% of their incoming mail. Now, some of the world's largest ISPs report that it's well beyond 80% -- in some cases higher -- and increasing.
Back then we knew who the spammers were, they stayed in one place and thought of themselves as "high volume" email marketers -- but now, the leaders of the email marketing industry know they must respect permission, and can't engage in the spammy behavior of their predecessors. We predicted that a private right of action in civil court would be sufficient to keep those same marketers in line, and now we know that's correct -- but today, much of the spam volume is sent by career criminals and malicious hackers who won't stop until they're all rounded up and put in jail.

