*****SPAM***** CRIME Spam inquiry

From: Gunderson_Dane (dane.gunderson@private)
Date: Wed Jul 10 2002 - 11:15:12 PDT

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    SPAM: -------------------- Start SpamAssassin results ----------------------
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    SPAM: 
    SPAM: Content analysis details:   (6.03 hits, 5 required)
    SPAM: Hit! (1.65 points) BODY: Claims to honor removal requests
    SPAM: Hit! (1.07 points) BODY: Includes a link to a likely spammer email address
    SPAM: Hit! (1 point)     BODY: Uses a dotted-decimal IP address in URL
    SPAM: Hit! (2.31 points) BODY: URL of page called "remove"
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    	This is my first attempt at an inquiry, so please let me know if I
    am 'out-of-left-field' on this line of questioning, but the previous thread
    regarding 'passwords' inspired me regarding some of the spam I see ( example
    of one attached below for reference ).
    
    	I believe this particular spammer spoofed a PSI.com IP at
    38.220.208.10 to relay his spam that seeks to direct traffic back to his IP
    website 12.99.255.153
    
    	This is a typical spamming technique and I selected this example for
    freshness and clarity and I don't have any vindictive intent so please don't
    beat up on the guy...  but...
    
    	My question is :  Why is misrepresentation through forged headers
    and spoofing relays not a computer hacking crime as this fraud discredits
    the spoofed source ( in this case the relay and yahoo.com ) as well as
    circumventing filters to stop spam?
    
    	Does it not fit the analogy of masquerading as a local reputable
    Electrical contractor company ( complete with over-all's ) to gain access to
    the local YMCA for a little swim in the pool and to tape a few ads on the
    walls for his 'scam' on his way out?  Sure he only bluffed his way in, and
    sure he only swam in a pool that was there, and sure the ads could be pulled
    down easily enough... but didn't he still commit a crime?
    
    Thanks, Dane
    
    < start of header snip >
    
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    Received: from smtp0231.mail.yahoo.com (unverified [38.220.208.10]) by
    ns.com
     (EMWAC SMTPRS 0.83) with SMTP id <B0000236432@private>;
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    Message-ID: <B0000236432@private>
    Date: Wed, 10 Jul 2002 10:09:41 -0700
    From: "Timothy Padua"<freeloaneval42@private>
    X-Priority: 3
    To: sspiff@private
    CC:
    sspiff@private,sspiff@private,ikslawok@private,dane.gunder
    son@private,sspiff@private,dane.h.brase@private,gemini4537@private,
    ikslawok@private,dane.h.brase@private
    Subject: sspiff,Request a completely FREE loan evalutation
    Mime-Version: 1.0
    Content-Type: text/plain; charset=us-ascii
    Content-Transfer-Encoding: 7bit
    
    < end of header snip >
    
    -----Original Message-----
    From: Timothy Padua [mailto:freeloaneval42@private]
    Sent: Wednesday, July 10, 2002 10:10 AM
    To: sspiff@private
    Cc: sspiff@private; sspiff@private; ikslawok@private;
    dane.gunderson@private; sspiff@private; dane.h.brase@private;
    gemini4537@private; ikslawok@private; dane.h.brase@private
    Subject: sspiff,Request a completely FREE loan evalutation
    
    
    http://12.99.255.153/mortgage/hw
     
    Request a FREE loan evaluation.  
     
    Apply now!
      
    We are a national mortgage lender referral service who specializes in
    helping people like you get the loans you need to: 
    -Pay off bills and stop creditors from calling 
    -Make those long needed home improvements 
    -Refinance your home at a better rate 
    -Get cash out for nearly anything  
    -AND MORE-GREAT RATES!
     
    http://12.99.255.153/mortgage/hw
    
    
    
    WE HONOR ALL REMOVE REQUESTS - http://12.99.255.153/remove
    
    
    --- ARIN requests attached below
    ---------------------------------------------------
    
    AT&T ITS (NET-ATT)
       200 Laurel Avenue South
       Middletown, NJ 07748
       US
    
       Netname: ATT
       Netblock: 12.0.0.0 - 12.255.255.255
       Maintainer: ATTW
    
       Coordinator:
          Kostick, Deirdre  (DK71-ARIN)  help@private
          1-919-319-8249
    
    Performance Systems International (NET-PSINETA)
       510 Huntmar Park Drive
              Herndon, VA  22070
       US
    
       Netname: PSINETA
       Netblock: 38.0.0.0 - 38.255.255.255
       Maintainer: PSI
    
       Coordinator:
          PSINet, Inc.  (PSI-NISC-ARIN)  hostinfo@private
          (518) 283-8860
    



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