[ISN] An Unrepentant Spammer Considers the Risks

From: InfoSec News (isn@private)
Date: Wed Dec 31 2003 - 01:13:01 PST

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    http://www.nytimes.com/2003/12/30/technology/30spam.html
    
    By SAUL HANSELL
    December 30, 2003
    
    Alan Ralsky, according to experts in the field, has long been one of
    the most prolific senders of junk e-mail messages in the world. But he
    has not sent a single message over the Internet in the last few weeks.
    
    He stopped sending e-mail offers for everything from debt repayment
    schemes to time-share vacations even before President Bush, on Dec.  
    16, signed the new Can Spam Act, a law meant to crack down on
    marketers like Mr. Ralsky.
    
    He plans to resume in January, he said, after he overcomes some
    computer problems, and only after he changes his practices to include
    in his messages a return address and other information required by the
    law, the title of which stands for Controlling the Assault of
    Non-Solicited Pornography and Marketing.
    
    That is quite a switch for Mr. Ralsky, who has earned a reputation as
    a master of cyberdisguise. By his own admission, he once produced more
    than 70 million messages a day from domains registered with fake
    names, largely by way of foreign countries - or sometimes even by way
    of hijacked computers - so that the recipients could not trace the
    mail back to him.
    
    Most experts in junk e-mail, known as spam, have dismissed the new
    federal law as largely ineffectual. And many high-volume e-mailers say
    the law may even improve the situation for them because it wipes away
    a handful of tougher state laws.
    
    But Mr. Ralsky, who lives in a Detroit suburb, says the law's
    potential penalties - fines of up to $6 million and up to five years
    in jail - are making him rethink his business.
    
    "Of course I'm worried about it," he said after the law was signed.  
    "You would have to be stupid to try to violate this law."
    
    No one is saying that e-mail in-boxes will be clean of spam any time
    soon. But the world is getting to be a much more hostile place for
    spammers, particularly those who send some of the most offensive
    messages. The biggest threat is not so much the new law, though it is
    expected to play a role in stepped-up enforcement, as the increased
    willingness of prosecutors to go after spammers.
    
    In recent weeks, federal and state authorities have finally gotten the
    attention of spammers with a series of tough civil and criminal
    actions.
    
    "These suits sent a shock wave through the spam world," said Steve
    Linford, the director of the Spamhaus Project, an organization that
    tracks bulk e-mailers and tries to thwart their moves. "Lots of
    spammers are asking, 'Are we next?' "
    
    Some bulk e-mailers, like Scott Richter, who was a principal target of
    a civil suit filed last week by the New York attorney general, Eliot
    Spitzer, vow to continue. But Mr. Richter has lost some major clients,
    including mainstream companies like Omaha Steaks.
    
    Still, in the week after the suit was filed, Mr. Richter's company,
    OptInRealBig.com, was actively sending e-mail messages promoting
    dozens of products, including laser guns, breast enlargement pills and
    Christian dating services.
    
    Others say they have been beaten down by blacklists created by
    antispammers and filtering systems run by Internet service providers.
    
    "E-mail is not working any more," said Brendan Battles, a longtime
    marketer who has sold CD-ROM's containing long lists of e-mail
    addresses. "More people are mailing and you get less and less
    response." Mr. Battles says he has virtually given up the business.
    
    "E-mail marketing is a good thing," Mr. Battles said. "I create jobs.  
    But the media has made e-mail out to be some sort of terrorist plot."
    
    Not long ago, Mr. Ralsky, like many other bulk e-mailers, had high
    hopes that the new federal law would help legitimize his operation.  
    Just after Thanksgiving, he sat on a cream-colored couch in the
    basement of his large home in Bloomfield Hills, Mich., an affluent
    suburb of Detroit, talking of how he expected the new law to make his
    business easier. He would identify himself, as required, and would
    honor any requests to be removed from his mailing lists, he said. He
    said that he was counting on Internet providers, in return, to stop
    trying to block his messages.
    
    But more recently, Mr. Ralsky said in a follow-up interview by
    telephone, he has come to the conclusion that the law is more
    one-sided than he originally thought. Internet providers, he figures,
    will be able to tag and discard his mail with more certainty.
    
    "The law was not written for a commercial e-mailer," he said. "I don't
    think what they are doing is fair." He suggested that the law was
    largely a plot by the big companies that connect homes and businesses
    to the Internet to keep all the profits from online marketing for
    themselves.
    
    "I have never once been ashamed of what I do," he said. "I feel this
    is a business that has afforded me and my customers a better way of
    life."
    
    At the age of 58, Alan Ralsky seems an incongruous character in an
    industry largely made up of men from the Nintendo generation.
    
    "I am the oldest spammer you know of," Mr. Ralsky said. "You have a
    bunch of kids in their late 20's doing this with a lot more technical
    knowledge than I have. But they don't have any business sense."
    
    Mr. Ralsky started delivering newspapers in his native Skokie, Ill.,
    at the age of 7 and has been working ever since. Both his parents are
    deaf.
    
    "It was a wonderful thing that I had deaf parents," he said. "I was
    proud of them and tried to be as helpful as I could, but you do grow
    up fast."
    
    After a stint in the Army, Mr. Ralsky had a career as an insurance
    agent and sales manager. Then things began to go awry. In 1992, he
    served 50 days in jail on a charge related to failing to deliver
    documents to a group of investors. Two years later he was convicted of
    falsifying documents that defrauded banks and was ordered to pay
    $74,000 in restitution.
    
    "I was in a bad business with bad partners," he said.
    
    In 1995, he discovered e-mail messaging.
    
    "I took my last thousand bucks and I bought a thousand dollars worth
    of spam," Mr. Ralsky recalls. From the e-mail messages he was able to
    send for that amount of money, he said, "I got nothing, but I said,
    'You know what, there is something to this. It can take a small guy
    and make him the equal of a Fortune 500 company.' "
    
    His first real customer was in the business of selling remote backup
    systems for computers. The fee was $1,000 to send a million e-mail
    messages. He found 400 customers for his client. Soon Mr. Ralsky
    hooked up with a time-share promoter, sending out offers of three-day,
    two-night Florida vacations.
    
    "From there it just got bigger and bigger and better," Mr. Ralsky
    said. Travel clubs and time-share offers are a staple of his business,
    as are debt consolidation services and e-books on how to win
    government grants. He says he does not deal in pills or pornography.
    
    Mr. Ralsky's mailing list now exceeds 150 million names. Unlike many
    high-volume mailers, Mr. Ralsky does not claim to send only to people
    who ask to receive marketing pitches. He says he sees nothing wrong
    with sending unsolicited mail. He insists, though, that he has always
    honored requests for removal from his list, something now required by
    the new law.
    
    "If someone is mad, all they need to do is unsubscribe," he said. "If
    you don't want to get it, I don't want to send it to you."
    
    This claim is impossible to verify, because nothing in Mr. Ralsky's
    e-mail messages indicates that they are from him. Anyone who
    unsubscribed from one of his mailings had no way to know if he stopped
    sending messages or doubled his mailings to them, as some spammers do.
    
    That will change if he identifies himself, as he says he will to
    comply with the new law.
    
    As Mr. Ralsky's business has grown, so has the backlash. Antispam
    organizations, like Spamhaus and the Spam Protection Early Warning
    System, work diligently to identify the addresses from which Mr.  
    Ralsky is sending e-mail messages and to urge Internet providers to
    evict him from their networks.
    
    And in 2001, Verizon Online, a unit of Verizon Communications, sued
    Mr. Ralsky, claiming he violated its policies by sending spam messages
    by the millions to its Internet customers. Last year, Mr. Ralsky
    settled the suit, paying an unspecified amount of damages and agreeing
    not to send mail to Verizon Internet customers again.
    
    Mr. Ralsky then redoubled his efforts to use fake names and other
    techniques so his e-mail could not be easily traced.
    
    "I have changed the way we mail totally," he said. The spam fighters,
    he added, "have no idea what I'm mailing. They could never pinpoint it
    and say this is from Al Ralsky."
    
    Mr. Ralsky said that he was uncomfortable about this deception, but
    that he had no choice. "Is putting bogus information in your
    registrations the right way to do business?" he asked. "No. But the
    Internet world has forced me to do that."
    
    He has done business in two dozen countries, and has never visited any
    of them. He buys mailing lists from people in Sweden and India. And
    these days, he says, he sends his mail from computers in China and
    three other countries.
    
    "I have been hosted in strange places in the world," he said. "For
    some reason the I.S.P.'s out of this country are a lot more liberal."
    
    But, he acknowledges, they are not necessarily more reliable.
    
    "You get good and bad in this business, and I have had all sorts of
    people try to rip me off," he said.
    
    Mr. Ralsky also acknowledged that he had used "open proxies"-
    computers with improperly configured software that allow spammers to
    relay messages without the knowledge of the computer owner.
    
    "I personally hate mailing with proxies," he said. "It's rough. But
    you do what you got to do."
    
    Even before the new law was passed and the prosecutors stepped up
    their actions, Mr. Ralsky said the business was getting harder. It was
    taking more mail to get the same response. His target is to earn $500
    in profit for every million e-mail messages sent; his commission is
    often 40 percent of the price of each product sold.
    
    And the cost of his carefully arranged international network is going
    up, even more so now.
    
    "The Chinese have decided that they will follow the law," he said. "We
    will have to put in our address and a real 'unsubscribe' list,'' at an
    added cost, he said, of $3,000 a month.
    
    For all the obstacles, Mr. Ralsky said that he did not intend to stop
    sending bulk e-mail in some form.
    
    "There is too much money involved," he said. "I'm a survivor. And when
    you are a survivor, you find a way to make it happen."
    
    
    
    
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