Subscribe Now

Receive alert message from us when new articles submitted to our site for free.

Enter Your Name
Enter Your E-Mail

Sponsors

Internet Marketing
Business Letter
Nursing job opportunities


Categories




Sign Up Here

Home / Computers / Spam


Print | Send To Friends | Add To Favorites | Comment

Spam Mania - Would you like to ruin a business? - Guilty Till Proven Innocent!

By: Dale Reardon

Article Word Count: 1513 words  [Comments (0)]
Total Views: 66 Views




I felt compelled to write this article after a recent bad

experience of my own. Spam vigilantes abound on the internet and

unfortunately a right which every person should have in

civilised democracies - in fact a basic human right - does not

exist in relation to spam and spam complaints. This vigilante

activity would not be tolerated offline - normally one cannot

simply take the law into one's own hands but it seems this has

become acceptable online. However below I do recommend a

solution and an association which can help you.



INNOCENT UNTIL PROVEN GUILTY



And yes that is in capitals to shout at you - that is the single

most important thing in any legal system. Also here is one more:



IT IS BETTER TO LET 99 GUILTY PEOPLE GO FREE RATHER THAN CONVICT

ONE INNOCENT PERSON



If you bear these 2 principles in mind you will treat everyone

else fairly and be treated fairly yourself. You get back 10

times in life what you give to others - just not necessarily

from the same people that you give to.



Now the problem on the internet is that spam has no real precise

definition and it is open to interpretation. What you view as

unsolicited someone else may well appreciate. Now don't get me

wrong, I don't advocate or support spam in any form whatsoever

but I support innocent until proven guilty and a common sense

approach.



For example you should only send out your newsletter to people

who have requested it and not harvest email addresses from

discussion forums. But what happens when someone forgets they

have subscribed or is just too plain lazy to unsubscribe or

contact you first to discuss the matter? Requiring someone to

confirm their subscription will not protect you if you are

presumed guilty. Many of you will have heard of SpamCop - a self

made spam vigilante, who in my opinion does not act responsibly

or obey the 2 most important principles stated above, which are

necessary for any democracy to operate. Also SpamCop doesn't

care less about small operators and unfairly favours big well

known brand names.



From Spamcop's definition and comments about spam:



"In general, email from reputable companies, such as Microsoft

and Amazon are opt-in, and if you receive email purporting to be

from a company you would Normally consider being legitimate, you

should consider carefully the possibility that you did agree to

receive it some time in the past. If you are sure You did not,

then it may be someone attempting to appear to be a

representative of the company in question, but who actually does

not have the consent of the company. Once in a while, a large,

otherwise reputable organization will "accidentally" send out

some unsolicited email. The main domain-name registry, Network

Solutions, is a notable example of this. It has in the past sent

outright spam and has been widely criticized for this action

among spam-fighters. In any case, if you are sure that you did

not request the email, then you are well within your rights to

report it as spam."



Just because you think you didn't request it does not mean the

person is guilty of spam. Then again maybe you have the right to

be judge, jury and executioner :->



So if you can afford to spend millions, make a loss and develop

your name, SpamCop thinks you are then innocent until proven

guilty but if you are poor and like most of us you are guilty -

talk about justice for the Rich only.



I want you to think carefully - and then think again - and then

sleep on it - before you report someone for spam. Their

business, their very future, and the income they use to support

their family is at stake. I am not being melodramatic as you

will see when I tell you my personal story now.



Recently I changed distribution sources for sending out my

ezine. I did not trust my ezine in the hands of anyone else and

my previous system was unreliable so I now use a system on my

own domain. However I had a problem exporting the subscribers

from my previous service. I therefore had to use copies of

subscription request emails that I had on my computer. I knew

that this meant I would be importing some people who had already

unsubscribed. However I gave a full explanation in my ezine and

a surprise gift when people unsubscribed to make up for it.



However obviously some people weren't content with my humble

apology and explanation. I was reported to SpamCop. Did Spamcop

contact me first to discuss the matter? Did they tell me who the

complainer was (a well known principle of all justice systems

also where an accused has the right to confront their accuser)?

Did they even think this ezine may have been opt in and do

nothing? No on all counts!



Spamcop contacted the hosting upline that my site was on and a

little while later sent me an email. I won't reveal the host

here as that may prevent this article getting published (as lots

of you are probably hosted on them) but the host didn't bother

contacting me either, they just closed my domain instantly. Did

they assume I might be innocent either? No! I only found out

when I went to check my site - you should do this regularly.



Eventually I resolved the matter with the hosting upline but

throughout this whole process I was a condemned man - convicted

and sentenced to death without even getting a hearing first -

let alone a fair one. For heavens sake, even some third world

dictatorships pretend to have a fair trial - not even that

happened here.



So a complaint was made to Spamcop - they accepted it without

question - heh, after all I'm not a big name and even if the

person forgets they have subscribed Spamcop says that is still

spam - and then my website went down.



Now I was lucky - I don't scare too easily and I don't give up a

fight. However I admit this episode was terrifying and caused me

lost sleep. It also made me realise how fragile your business

can be and how we must all fight against such hysteria - we must

remain innocent until proven guilty.



Personally if I reported spam I would want it investigated and

both sides given a chance to explain themselves before any

action was taken. I don't think this is too much to ask do you?



So please think very carefully before reporting spam and contact

the person who sent the email first to discuss the matter.

Remember, if you don't one day you could end up in this sort of

trouble yourself.



HE WHO LIVES BY THE SWORD DIES BY THE SWORD



Don't use your sword and simply send off a spam complaint

without thinking. Take it very seriously because the

consequences are ultra serious.



However all is not gloom and doom. There is an organisation I

have discovered that is fighting back against these self

proclaimed spam vigilantes. E-crucible is a wonderful

organisation which I encourage you all to join for Free and help

them in their mission. Here is their mission statement and

website:



http://www.roibot.com/w.cgi?R18328_ecrucible



e-Crucible, Inc. is committed to returning sanity and

responsibility to the Internet. We feel that the hysteria

regarding the use of what is termed "Unsolicited Commercial

Email" (UCE or "Spam") that is prevalent in the Internet culture

today is unfair, irresponsible and counter- productive to

maintaining the Internet as a free marketplace.



The Internet respects no national boundaries. Therefore, any

policies regarding the Internet will be most effective if made

at the international level. We will advocate for a fair and

reasonable INTERNATIONAL policy regarding "Unsolicited

Commercial Email" (UCE or "Spam") and its fair enforcement by

all Internet Service Providers.



We are commited to opposing by any ethical, political, and legal

means available the vigilante activities of "anti- Spam"

fanatics and the unfair and unjust handling of "Spam" complaints

by certain Internet Service Providers.



The Internet is the greatest tool for freedom in the history of

mankind. e-Crucible believes in maintaining the Internet as a

free marketplace for the exchange of ideas, products and

services.



I highly commend E-crucible to you and urge you to join their

email discussion list to discuss these matters here:



mailto:e-crucible-subscribe@topica.com



You might not think you will have your life ruined by a spam

complaint but believe me, it can happen. I am not ruined myself,

but I will personally fight to bring some sanity back to the

spam debate. I hope you will support our cause and bring

fairness and democracy back to the internet. Remember, we should

all be innocent until proven guilty.





Grab this articles

Related articles


Newest Articles

Most Popular Articles