FC: A real-world "fax spam" case -- how passing laws can be futile

From: Declan McCullagh (declanat_private)
Date: Tue Jan 29 2002 - 13:09:59 PST

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    ---------- Forwarded message ----------
    Date: Sat, 26 Jan 2002 14:03:36 -0600
    From: Chet Uber <eideticat_private>
    To: declanat_private
    Cc: politechat_private
    Subject: Re: FC: Calif. state senator asks for input in "junk fax survey"
    
    Declan,
    
    Do I have a story to tell you. This is a short version of a real world
    fax spam case that happened in Omaha, Nebraska. I am only going to
    discuss publicly known information and am not divulging the name of the
    alleged perpetrator in hopes that one day they will enforce the existing
    laws in my state; and the cases of evidence in my storage area can be
    used.
    
    I was the Director of Operations at what was then the newborn
    "NEbraskaCERT" and had received a call from the Greater Omaha Chamber of
    Commerce regarding an 11-page FULL REVERSE (actually many different
    ones, but that was a good average) that they and all there members where
    receiving from an irate gentlemen who claimed that the city government
    and the Chamber were poisoning people by allowing development on a
    parcel of land adjacent to housing. I don't know if most people
    understand that toner coverage is often quoted in the low percentages
    per page. They do not assume that 90% of the page will be black.  There
    was a specific businessman and his "cronies" being blamed by the
    attacker for all the trouble; and he was defamed in every possible
    lingual way in these faxes, email, and on the voluminous Web site. The
    attacker was using not only fax to spam the addresses from an illegally
    obtained Chamber member list; but rationalized that since he could
    purchase the same names from a local national list vendor that this was
    a moot point. We never got to ask him how he planned to relate the names
    together from that list. Yes all the companies in our city are in that
    list. But there is not a current Chamber member designator. Anyway ...
    On top of this he was using a predictive dialer to harass people and
    off-shore email to flood mail boxes. It was a mess to say the least, and
    it did not have a good technical solution. We are talking hundreds of
    fax machines. Some of them in Class A shared office space, beyond the
    control of the recieving party to an extent. I have been in IT long
    enough to have faxing be a business luxury and I never witnesses a storm
    of toner, ink and paper like that one.
    
    Anyway, in Nebraska e have laws for both predictive dialers, and fax
    spamming here. Also, there are arguably federal statutes that could
    apply. However the lawyers and representatives for the victims were not
    able to get the appropriate agencies to make any arrests. I will give
    them credit. Even the state regulatory body traded letters in an attempt
    to "pass-the-prosecution." They complained that the aggregate dollar
    value, the number of interviews required, the failure of the members of
    the Chamber to take out restraining orders (and thus being able to get
    to arguably get cause for a pen register to monitor compliance), and the
    possible chance of losing to the argument of free speech and setting
    precedent was also a consideration. This resulted in not a single
    arrest. The question of being an unsolicited commercial fax (and there
    was email) was not an issue, the attacker was using a company to fund
    all of the activities. A fact that adds some background is that this
    same attacker tried to buy and develop the same parcel of land 10 years
    earlier but could not raise the money. This was not a whistle blowing
    do-gooder, this was an entity that understood all the laws well and was
    purposely skirting them. They taunted there victims that they could not
    get relief that they would use these technological weapons to take the
    cause to the people. Finally the policy of ignoring them seemed to work,
    but it is known that the same threat is there arguably now with practice
    and precedent.
    
    My point in telling you about this is this. If we in society continue to
    allow our representatives in the various legislatures to pass laws that
    do NOT have ubiquitous technological solutions for enforcement; then we
    are engaged in folly. We are spending time putting ink on paper that
    will cause the beauracricies we all say we want to shrink, to grow, and
    little public good to happen. Don't get me wrong -- SPAM sucks.  But
    just like the people that are trying to block pornography by detecting
    the amount of flesh tone in an image, it is a waste of time. They might
    not be caucasian. Also, I know that "Perfect is the enemy of good;" but
    I don't consider unenforceable laws to be good. There is not enough
    police time, prosecutor and court time to enforce the existing laws. Why
    are they there?
    
    One last point. The victim's here that were unable to get justice were
    the "Chamber of Commerce" and some of the largest businesses in town. If
    they cannot get justice on such a blatant violation -- how is the common
    man supposed to look at this issue.
    
    
    
    Regards,
    eidetic
    
    
    
    Declan McCullagh wrote:
    > 
    > ---------- Forwarded message ----------
    > Date: Fri, 25 Jan 2002 14:25:06 -0800
    > From: Jim Warren <jwarrenat_private>
    > Subject: Re: A Low-Tech Problem
    > 
    > Hot stuff! [blind-cc to many]
    > 
    > Just received this from Calif State Senator Debra Bowen's office!
    > First step towards possibly curing this outrage.  (I shut off my fax,
    > years ago, exclusively because of this problem.)
    > 
    > --jim
    > 
    > ===
    > 
    > ARE JUNK FAXES BURNING UP YOUR PAPER & TONER?
    > SENATOR BOWEN POSTS NEW WEB SURVEY TO HEAR FROM YOU
    > 
    > SACRAMENTO - Getting input from Californians about their experiences
    > with junk faxes is the goal of Senator Debra Bowen's (D-Redondo
    > Beach) new website survey on unsolicited facsimile advertisements.
    > 
    > "I've had dozens of phone calls and letters from people who are tired
    > of having direct marketers tie up their fax lines and burn up their
    > paper and toner by sending what amounts to unsolicited junk mail,"
    > said Bowen.  "One small businesswoman actually sent me an inch-high
    > stack of these sales pitches that poured into her insurance office
    > over the course of several weeks."
    > 
    > Under federal law, it's illegal to send unsolicited faxes, but
    > California law has an "opt-out" mechanism, which allows advertisers
    > to send anyone with a fax machine non-stop sales pitches until the
    > recipient calls the sender and asks to be taken off their marketing
    > list.
    > 
    > "Junk faxes aren't just an annoying invasion of privacy, they also
    > force people to foot the advertising costs of direct marketers trying
    > to hock wireless phone services, office equipment, vacation packages,
    > and more," concluded Bowen.  "Marketers are a lot like ants in the
    > sense that every time you block off one entry point, they seem to
    > find another way to get inside your home and invade your privacy."
    > 
    > In 1991, the California Public Utilities Commission (PUC) reported
    > that receiving unsolicited faxes cost California consumers and
    > businesses an estimated $17 million a year.  Since that time, the
    > volume of junk faxes received at California homes and businesses has
    > grown dramatically.  (The 1991 publication is the last official
    > report assembled on the issue.)
    > 
    > To participate in the survey, go to Senator Bowen's homepage at
    > http://www.senate.ca.gov/bowen and click on "Junk Fax Survey" in the
    > right-hand column.  To share thoughts and opinions in a letter, write
    > to: Senator Debra Bowen, State Capitol, Room 4040, Sacramento, CA
    > 95814.
    > 
    > -------------------------------------------------------------------------
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    -- 
    Chet Uber                                         
    Senior Advisor, SecurityPosture
    7660 Dodge Street, Suite D                             vox +1
    402.498.2673
    Omaha, NE 68114                                        fax +1
    402.391.3906
    eideticat_private                                cell +1
    402.671.9720
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    Jan. 17-18 (http://www.congresoperiodismo.com) and the Second
    International Conference on Web-Management in Diplomacy in Malta from
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