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Spam Law - USC 2005
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Spam Law - USC 2005

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  • To put this in perspective, 1.5 billion, start counting one number per second right now – if you keep going without sleeping, count while you’re eating, etc., you can stop in 47.5 YEARS . This is how many spams get through EVERY DAY . I think they all end up in my inbox! Starts a vicious cycle between ISPs & Spammers (Spam increases, ISP filtering increases, spam increases, filtering increases, etc.), and legitimate marketers end up being victims as well, as many legitimate messages end up as “false positives”. =========================== A billion seconds ago it was 1972. A billion minutes ago the Roman Coliseum was dedicated. A billion hours ago our ancestors were living in the Stone Age. A billion dollars ago was only 4.4 hours at the rate Washington spends it.
  • Transcript

    • 1. Internet Technologies Spam – October 11, 2005
    • 2. Internet Technologies USC Football How to Get An A in This Class Easy Questions Arcane Minutia
    • 3. It is loved by Margaret Thatcher, Vikings and Herbal Viagra Users. A-A1
    • 4. What is Spam?
    • 5. Is this Spam?
    • 6. Questions
      • What is spam?
      • Is spam intrinsically
        • Good
        • Bad or
        • Neutral?
    • 7. What Makes Spam Bad?
      • Intrinsic
      • Transfers Costs to Recipient
        • Server Load
        • Cost of Filters
      • Clogs Inbox at Expense of Legitimate Email
      • Scares Consumers
      • Contextual
      • False From Lines or Routing Information
      • Pornography
      • Phishing
      • 419 Schemes
      • Viruses
    • 8. What Constitutes Consent? Double Opt-In Confirmed Opt-In Opt-In Confirmed Opt-Out Opt-Out Implied Consent
    • 9. Online Advertising
    • 10. Email Marketing
    • 11. Email Marketing 101 Advertiser Product or Service Marketer Mailing List & Transmission Capability Marketing Network Access to Network of Marketers Consumer Consumer
    • 12. Email Registration Registration Page
    • 13. “ Selected Advertisers and Affiliates”
    • 14. Legitimate Email Marketing Response Rates
    • 15. Spamenomics: Supply
    • 16. Spamenomics: Demand
      • Top spammers send 15 million per day
      • Estimated Response Rate: 0.1 to 1.0 %
      • 20 percent of U.S. residents report buying products from spammers
      • 30 percent have responded to spam
    • 17. Spamenomics: Return
      • Example 1
      • Spammer Marketing for Client
      • Delivery Rate: 5 MM/day
      • Payment: $1.75 CPA
      • Annual Revenue
        • 0.1% Response: $3,062,500
        • 1.0% Response: $30,625,000
      • Example 2 Spammer Selling Product
      • Product: Eavesdropping Software @ $40
      • Delivery Rate: 10 Million per day
      • Response Rate: 0.000005 % or 50 per day
      • Annual Revenue: $700,000
    • 18. Fighting Spam: Private Sector Responses
      • Blacklists
      • White Lists
      • Spam Filters
      • Challenge/Response Mechanisms
      • Sender ID
    • 19. Email Statistics
      • ISP's block an estimated 90% of spam
      14.5B SPAM/Day
      • 60% of all E-mail = spam (not % of what’s in inboxes)
      24B Emails/Day
      • It’s estimated that there are ~ 24B E-mail messages per day
    • 20. Spam Filters
      • Billion Dollar Market – will increase 75% over next 4 years
      • False Positives – cost businesses $3.5BB in 2003 (Ferris Research)
        • McAfee Spam Killer 5.0 22.3% false positives (Source PC World)
      • Triggers
        • Image Links
        • ALL CAPS text
        • Key Words (Viagra)
        • From” Address Does Not Match Header
        • Opt-Out Mechanism
        • Volume
        • Blacklists
    • 21. Legislative Response
      • 1995-2003
      • USA : Approx 40 states pass Spam laws.
      • EU: Adopts Data Protection Directive, implemented in UK as Data Protection Act of 1998.
      • Where email addresses collected from a person, must be informed of the purposes at the time of collection. Unsolicited Commercial Email must be “identifiable clearly and unambiguously”.
      • 2002
      • EU: Adopts Directive 2002/58/EC on Privacy and Electronic Communications
      • September 2003
      • USA : California passes SB 186 banning email unless express consent to receive email from advertiser.
      • EU: UK Regulations Implementing EU Directive effective 11 December 2003
      • December 2003
      • CAN-SPAM Act of 2003 signed by President Bush (preempts State Spam laws) – effective 1 January 2004
    • 22. CAN-SPAM Act
      • Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
        • Does not “CAN Spam” – except for wireless spam
        • No “Do Not Email Registry”
        • No “ADV” Requirement
      • Anti-Fraud & Disclosure Statute
      • Applies to an email where the “primary purpose” is commercial advertisement or promotion of a product/service
        • No volume requirement
        • Is sending a resume subject to CAN-SPAM?
    • 23. CAN-SPAM Principal Requirements From line must identify sender Subject line must not be deceptive. Adult Messages must provide notice . Requires Working Opt-Out Mechanism for Advertiser Postal Address for Advertiser
    • 24. Penalties
      • Federal:
        • Up to $10,000 per violation
        • Criminal penalties for fraud and email abuse (address harvesting and dictionary attacks)
      • State:
        • $250 per email/ $2 million cap
        • Treble damages if willful violation
      • ISP Enforcement
        • $25 per email/ $1 million cap
        • Treble damages if willful violation
    • 25. Is CAN-SPAM a Failure?
      • YES
      • Overall Compliance Rate
        • January 2004 – 0.54%
        • December 2004 – 7%
        • Source: MX Logic
      • Major Online Companies
        • 33% Fully Compliant
        • 98.2% Compliance on honoring opt-outs
        • Source: Ariel Software
      • NO
      • No, CAN-SPAM is not a ‘miserable failure," as was widely misreported – Rebecca Lieb (ClickZ News 1/14/05)
      • CAN-SPAM is a tool that is being used
        • Multiple actions by FTC, State AGs and ISPs
      • AOL – 75% drop in Spam complaints in November
    • 26. CAN-SPAM At Work
    • 27. State Spam Laws
      • CAN-SPAM Does Not Preempt
        • State laws that “are not specific to electric mail, including State trespass, contract or tort laws”; OR other State laws “to the extent that those laws relate to acts of fraud or computer crime”
      • California Chapter 571 (effective January 1, 2005)
        • Prohibits e-mail using third-party domain without permission; falsified or forged headers or deceptive subject lines.
        • Private right of action - damages of $1,000 per email up to $1MM “per incident ”
      • Michigan & Utah Child Registry Laws
    • 28. Foreign Spam Laws
      • No Spam Legislation
      • Industry Canada Anti-Spam Task-Force Report in Spring 2005
      • Prohibits Spam, address harvesting, deceptive emails
        • Prohibits Spam – except
          • May send UCE to existing customer
          • Does not apply to B-B marketing (i.e., corporate email address)
        • Prohibits Spam
        • Requires Legislation By Member Countries – Not All Have Complied
    • 29. Thank You