[Mimedefang] Re: [OT] Nasty situation

[Ron Johnson]

> Message: 13
> Date: Wed, 9 Apr 2003 17:44:53 -0400 (EDT)
> From: "David F. Skoll" <dfs at roaringpenguin.com>
> To: mimedefang at lists.roaringpenguin.com
> Subject: [Mimedefang] [OT] Nasty situation
> Reply-To: mimedefang at lists.roaringpenguin.com
> 
> Hi,
> 
> A spammer has recently sent out lots of really nasty XXX messages with
> the From: address set to some_random_user at roaringpenguin.com.  I know
> this because I'm seeing the bounces.

Now it's you eh? Happened to me a while back.
> 
> The original messages appear to have been relayed from all over the place --
> Philipines, the US, China, etc.  Obviously, someone got a list of open
> relays or open proxies. :-(

Somebody on one of the spam lists ran an experiment. Bottom line is
that open relays will be found *FAST*.

> Anyone have practical tips on tracking the culprit down?  

Nothing beyond the obvious. Look at the hop *before* the open relay.

> Does anyone have any idea what my legal options are?

No case law in Canada to my knowledge. (Checks: Wrong. There's
an Ontario decision that holds that spam is a violation of
netiquette, destructive to the internet and an unacceptable practice.
It's about an ISP disconnecting a spammer, but the language used
in the decision may be important. Uses US case law as precedent.
11267623 Ontario vs Nexx Online Inc.)

If you're really serious, you need to find a lawyer who actually 
understands the issues.

But bear one thing in mind. If you sue, don't do it for the money.
I recall a discussion about this on another list and the bottom 
line is that Spammers don't have a lot of money, even if you could
manage to pin them down.

But you might be able to get a handle on your options by looking
at some of the resources listed here:

http://tinyurl.com/989z

(Got to love tinyurl -- that url has 122 characters)

In particular you'll want to check out 

http://law.spamcon.org/

I'm in Ottawa. If I can help, drop me a line or give me a call.
> 
> Regards,
> 
> David.

-- 
Ron Johnson (Ron.Johnson at CCRS.NRCan.gc.ca), 613-947-5285
facsimile / tilicopieur 613-947-1408
Canada Center for Remote Sensing/ Centre Canadien de teledetection
Natural Resources Canada, 588 Booth Street, Ottawa, Ontario K1A 0Y7
Ressources naturelles Canada, 588 rue Booth, Ottawa (Ontario) K1A 0Y7
Government of Canada / Gouvernement du Canada