Well done. This is pretty good stuff.
Don
On Dec 21, 2003, at 11:11 PM, technomage wrote:
> ok,
> I sat down and figured out how much I should charge to have to deal=20
> with spam.
>
> below is a sample letter I am sending to the 6 biggest offenders.=20
> (I'll use
> SBC communications as they are the biggest).
>
> what I would like is some help from an attorney thats conversant with=20=
> the law
> as it relates to computers and the internet here in the US.
>
> Also, I have virtually no money to pay a retainer, but am willing to=20=
> share in
> any proceeds that are collected (if any).
>
> The reason for this: I spend upwards of 2 hours per day culling all my=20=
> spam,
> reporting it to spamcop, confirming the reports and repeating the=20
> process.
> last month alone I processed over 1296 spams this way (thats 60 hours=20=
> last
> month I spent on this).
>
> if anyone has any suggestions, please let me know (if anyone here=20
> works for a
> company that has a "net lawyer" available and is willing to help out,=20=
> also
> let me know!).
>
>
> Mage
>
> here is that letter...
>
>
> ********** sbc liability letter.txt ***************
> 22 December 2003
>
> to: SBC Communications Inc.
> 175 E. Houston
> P.O. box 2933
> San Antonio, TX
>
> From: <real name masked>, Network Administrator
> <address munged>
> Phoenix, Arizona 85033
>
> Sir,
>
> This is to inform you that your corporation is now liable
> for the sum of $14,140.28* for my time required to deal with the=20
> UCE/SPAM
> (herein known as "spam") originating from your network and subscriber=20=
> base
> and improperly allowed transmittal by you.
>
> The originating networks involved are:
> 1. pacbell.net
> 2. swbell.net
> 3. ameritech.net
>
> all of which are owned by your firm (as referenced in:
> http://http://www.sbc.com/sbc_privacy_policy/0,,9,00.html )
> or carry the SBC logo.
>
> Explanation:
> In November of 2003, I received (and reported) 1,296 pieces
> of spam at a cost to me of $3.34 per minute in lost productivity.
> Your firm respresents 2.16049% (or 28 actual pieces) of the
> received total spam.
>
> The calculation of the $3.34 per minute is a fairly simple one.
> it is based on the "labored rate per hour" of $200 divided by
> 60 (number of minutes). The figure arrived at above uses this formula:
>
> cost per minute multiplied by actual time (in this case, it takes 1
> minute and 30 seconds to process each spam from reception in my inbox
> through reporting to delivery confirmation) and then multiplied again
> by the number of spams originating from your customer base. Also=20
> included
> is the remedy from 47 USC 227 (a)(2)(b) which stipulates that I can=20
> charge
> up to $500 per each spam (as my telephone and cable internet are=20
> integrated
> services, this does apply) Thus:
>
> 3.34 * 1.5 (1 minute 30 seconds) * <actual number of spams> +
> ($500 * actual spams) =3D $total amount owed
> hence:
> 3.34 * 1.5 * 16 + (500 * 16) =3D $8,080.16 for pacbell orginated =
e-mails
> 3.34 * 1.5 * 6 + (500 * 6) =3D 3,030.06 for swbell.net originated =
e-mails
> 3.34 * 1.5 * 6 + (500 * 6) =3D 3,030.06 for ameritech.net originated=20=
> e-mails
>
> Now, this may seem like a lot, but if you account for the costs your
> firm has already incurred as a result of all the spam being sent, such=20=
> as;
>
> 1. bandwidth overutilization charges from your upstream provider
>
> 2. service downtime due to overloaded mail servers
>
> 3. customer support cost to handle all the calls that are the
> result of spam activities
>
> 4. lost productivity as a result of spam activities.
>
> This can result in millions in lost revenue over the course of a year.
>
> POSSIBLE SOLUTIONS:
>
> 1. secure your network by only allowing mail to be sent through your
> e-mail servers instead of directly from customer boxes to anywhere
> on the net (this will eliminate 90% of the spam problem)
>
> 2. exercise your AUP and TOS vigilantly
>
> 3. respond to complaints immediately and in a specific manner.
>
> I hope this will help you to understand that spam is not a victimless=20=
> or
> costless action. It is by definition a Denial of Service attack =
against
> the recipients (such as I) and as such, may fall under the terms of;
> The Computer Fraud and Abuse Act,
> Information Infrastructure Protection Act of 1996,
> Cyber Security Enhancement Act of 2002,
> sections 225 and 896 of the Homeland Security Act of 2002,
> 18 U.S.C. =A7 1029 - Fraud and Related Activity in Connection with =
Access
> Devices,
> 18 U.S.C. =A7 1030 - Fraud and Related Activity in Connection with=20
> Computers,
> 18 U.S.C. =A7 1362. Communication Lines, Stations, or Systems,
> and others. Also, the "attractive nuisance" of these "open proxies"
> may be dealt with also by the above (and other related statutes).
>
>
> Lastly, the volume of spam has not diminished since I started=20
> reporting.
> This has all the appearance of a failure on your part to enforce those
> policies (as published on your website). In essence, this has the=20
> appearance
> that your firm is in collusion with the "spam vendors" or may appear=20=
> to be
> an accessory during the fact.
>
> Thus, I request that you exercise immediately all due effort to=20
> minimize or
> eliminate this problem. This does not, however, release you from your=20=
> current
> liability to me (as stated above). However, a concerted effort to stop=20=
> future
> spam may substantially reduce future liabilities.
>
> Please forward the above stated amount immediately via corporate check
> or certified check/money order. Failure to repond will result in legal
> action to recover this liability.
>
>
> =09
> Cordially,
>
>
> <real name masked>
>
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