Spamming is the use of messaging systems to send multiple unsolicited messages ( spam) to large numbers of recipients for the purpose of commercial advertising, non-commercial proselytizing, or any prohibited purpose (especially 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: messaging spam, Newsgroup spam, spamdexing, spam in blogs, wiki spam, online classified ads spam, mobile phone messaging spam, Forum spam, junk fax, social spam, spam mobile apps, television advertising 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 providers, 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.
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 chat rooms, filling the space with blocks of text until the Star Trek fans left.
It later came to be used on Usenet 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" messages that clogged many newsgroups during the 1990s. In 1998, the New Oxford Dictionary of English, 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 Crossposting to too many newsgroups at once, as opposed to those that were posted too frequently, were called "velveeta" (after velveeta), but this term did not persist..
Spamming had been practiced as a prank by participants in multi-user dungeon 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 posting to advertise immigration 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 "zealots", claimed they had a free speech 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 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 missing 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; spammers began using automatic translation services to send spam in other languages.Danchev, Dancho. " Spammers go multilingual, use automatic translation services ." ZDNet. July 28, 2009. Retrieved on August 31, 2009.
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..
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.
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.
The cost to providers of search engines 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. Thank the Spammers - William R. James
2003-03-10
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.Spamhaus' "TOP 10 spam service ISPs"
Cost is the combination of:
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. 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 authors of the study calculating those conversion rates noted, "After 26 days, and almost 350 million e-mail messages, only 28 sales resulted."
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, aggravated identity theft, and money laundering. Prosecutors allege that Soloway used millions of zombie computer to distribute spam during 2003.Thomas Claburn. 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.
Even though it is possible in some jurisdictions to treat some spam as unlawful merely by applying existing laws against trespass and 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.
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. In 2003, he sold a list of approximately 93 million AOL subscriber e-mail addresses to Sean Dunaway who sold the list to spammers.U.S. v Jason Smathers and Sean Dunaway, amended complaint, US District Court for the Southern District of New York (2003). Retrieved 7 March 2007, from Ex-AOL employee pleads guilty in spam case. (2005, February 4). CNN. Retrieved 7 March 2007, from
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. Braver v. Newport Internet Marketing Corporation et al. - U.S. District Court - Western District of Oklahoma (Oklahoma City), 2005-02-22
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, 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, fraud, money laundering, and transportation of Obscenity 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.Gaudin, Sharon, Two Men Convicted Of Spamming Pornography InformationWeek, June 26, 2007
In 2005, Scott J. Filary and Donald E. Townsend of Tampa, Florida were sued by Florida Attorney General Charlie Crist 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, 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 of Olympia, Washington, on June 25, 2008, pleaded guilty in a Tacoma court and was sentenced to two years imprisonment and five 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 who shipped counterfeit checks and money orders to her from Lagos, 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.
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.
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.
In different media
Email
Instant messaging
Newsgroup and forum
Mobile phone
Social networking spam
Social spam
Blog, wiki, and guestbook
Spam targeting video sharing sites
VoIP Spam
Academic search
Mobile apps
Bluetooth
Noncommercial forms
Geographical origins
1 India 13.7 2 Russia 9.0 3 Vietnam 7.9 4
(tie)South Korea 6.0 Indonesia 6.0 6 China 4.7 7 Brazil 4.5 8 United States 3.2
Trademark issues
Cost–benefit analyses
General costs
In crime
Political issues
Court cases
United States
United Kingdom
New Zealand
Bulgaria
Newsgroups
See also
Notes
Citations
Sources
Further reading
External links
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