FC: More on Earthlink's email challenge, Mailblocks lawsuit

From: Declan McCullagh (declanat_private)
Date: Fri May 09 2003 - 06:00:27 PDT

  • Next message: Declan McCullagh: "FC: MailSoap.com co-founder on challenge-response spam blocking"

    I've been keeping an informal list of challenge-response systems -- you can 
    imagine I get a bunch of such challenges from Politech subscribers who have 
    not chosen one that will auto-whitelist mailing lists. Last night I 
    received mail from a new one, ipermitmail.com, that is one of the 
    worst-designed response systems I've seen so far.
    
    First, it doesn't attempt a reverse Turing test to try to figure out if 
    you're a human -- it merely asks you to type in your name and information 
    about your email in a web form, which could be trivially exploited by 
    spammers. Second, its privacy policy fails to pledge to *never* spam people 
    who have emailed its customers and in facts contemplates sharing "personal 
    or online transactional data with third parties." Third, and most 
    seriously, a flaw in its implementation will challenge you *multiple times* 
    when you're emailing an ipermitmail.com user from the same address.
    
    I don't mean to pick on ipermitmail.com. I'm sure they're well-intentioned. 
    But such a challenge-response system is relatively easy to code (in the 
    Unix world, such systems implemented in procmail have been around for 
    years, and I once contemplated writing my own or adapting one of the 
    existing ones), which means we'll see plenty of poorly-implemented ones 
    emerge. I'm worried about their impact on legitimate mailing lists like 
    Politech. I don't have the resources to respond to tens of thousands of 
    different people using hundreds of different challenge-response schemes.
    
    Previous Politech message:
    http://www.politechbot.com/p-04733.html
    
    -Declan
    
    ---
    
    Date: Fri, 09 May 2003 03:39:09 -0700
    To: declanat_private
    Subject: Re: FC: Earthlink will begin to offer email challenge technology
    
    Declan McCullagh wrote:
    >[I've already sent an alert to the hundreds of Politech subscribers from 
    >Earthlink warning them to make sure this list is whitelisted. This as a 
    >reminder. :) --Declan]
    
    Declan,
    
    It would be a good note a couple of things about EarthLink's new spam tool. 
    First, it is only a beta-product at this point and requires the use of 
    EarthLink's TotalAccess 2003 software or EarthLink's webmail. Second, only 
    EarthLink members whose mail resides on the Atlanta mail servers (domains 
    like mindspring.com and pipeline.com) are currently able to participate in 
    the beta.
    
    A decent reference for spamBlocker is located at 
    http://www.earthlink.net/spamblocker/faq/
    
    A key portion of the page reads:
    Do I have to use spamBlocker?
    
    No. spamBlocker is an optional service. You can opt out of Known spam 
    Blocking at any time. Suspect Email Blocking is an opt-in service, which 
    means it only works if you activate it.
    
    If you are going to post this to the list, I would appreciate it if you 
    would omit my name and email address as I am an EarthLink employee.
    
    Regards,
    [deleted]
    
    ---
    
    From: "Brian K. Yoder" <byoderat_private>
    To: <declanat_private>
    Subject: RE: Earthlink will begin to offer email challenge technology
    Date: Fri, 9 May 2003 03:43:48 -0700
    
    I was an architect at EarthLink for many years and I have passed along a
    copy of this to the folks over there.  One important point in all of this
    though is that is this scheme becomes "widely adopted" the spammers will
    just forge source addresses to exploit the holes that allow
    widely-distributed emails (such as mailer daemon bounce messages or popular
    mailing lists) to be forged and the problem will just move in a direction
    that makes it even harder to handle legitimate emails.  The only hope these
    systems really have is to remain small and too troublesome for the spammers
    to bother with subverting.  Let's hope that they do NOT become pervasive
    since when they do they will be subverted.
    
    --Brian
    
    --- Brian Yoder
    --- byoderat_private
    --- Cell Phone: 626-255-3338  Pager: byodermobileat_private
    
    ---
    
    Date: Fri, 9 May 2003 01:31:13 -0700
    From: Brad Templeton <bradat_private>
    To: Declan McCullagh <declanat_private>
    Subject: Re: FC: Earthlink will begin to offer email challenge technology
    
    Declan, no properly programmed challenge response system will challenge
    a piece of mailing list mail.  It just has to show the mail to the user
    in the summary of mail that never got challenged to ferret out mailing
    list mail.
    
    
    ---
    
    Date: Fri, 09 May 2003 07:47:23 -0400
    To: declanat_private
    From: Tracy <tracyat_private>
    Subject: Re: FC: Earthlink will begin to offer email challenge
       technology
    In-Reply-To: <5.2.1.1.0.20030509012320.01a9bd48at_private>
    
    Of course, the real question here is whether or not Earthlink has licensed 
    this solution from MailBlocks, who currently holds a patent on the use of 
    challenge/response techniques for fighting spam. Which they didn't, as 
    MailBlocks has already filed suit - so the question becomes, will Earthlink 
    just roll over and take it, will they fight it, or will they settle out of 
    court for a nominal license fee, thus granting "legitimization" of the 
    patent that MailBlocks holds, which is somewhat questionable based on 
    available former art and reasonably common usage of challenge/response?
    
    ---
    
    Date: Fri, 09 May 2003 13:33:34 +0530
    To: declanat_private, politechat_private
    From: Suresh Ramasubramanian <sureshat_private>
    Subject: Re: FC: Earthlink will begin to offer email challenge
       technology
    
    At 01:25 AM 5/9/2003 -0400, Declan McCullagh wrote:
    >[I've already sent an alert to the hundreds of Politech subscribers from 
    >Earthlink warning them to make sure this list is whitelisted. This as a 
    >reminder. :) --Declan]
    
    the followup being that mailblocks.com (the Phil Goldman outfit that went 
    around buying up challenge response patents) is now suing Earthlink.
    
             srs
    
    ps - just in case, as others have confused the two, mailblocks != 
    mail-block.com the spammer
    
    
    -- 
    Suresh Ramasubramanian + suresh <@> hserus dot net
    EMail Sturmbannführer, Lower Middle Class Sysadmin
    
    ---
    
    From: "L. Gallegos" <jandlat_private>
    To: declanat_private
    Date: Fri, 09 May 2003 08:20:45 -0400
    MIME-Version: 1.0
    Subject: Re: FC: Earthlink will begin to offer email challenge technology
    Reply-To: jandlat_private
    
    I really hate challenge/response.  Lately I've had so many of them that I
    just began to ignore them.  If someone wants me contact them, they can
    whitelist me.  If it's a business and I am a customer, they better
    whitelist me or I'm no longer a customer.  Simple.  As for ISP's who
    implement it, they should make it a choice for their users.
    
    My 2 cents.
    
    Leah
    
    ---
    
    To: declanat_private
    Date: Fri, 09 May 2003 18:03:02 +1000
    From: Jeff Schultz
    
     > Once the sender does that by replicating a word or picture displayed on the
     > screen, the original e-mail is allowed through. The system automatically
    
    So only people who send mail from a system with a graphical web browser
    will be able to get through?  Might be a few places where this is an
    unlawful form of discrimination.
    
    
    Please delete email address before posting.
    
    
    Jeff Schultz
    
    ---
    
    Subject: EarthLink Is Sued by Holder of Anti-Spam Patents
    From: Shawn Yeager <mailat_private>
    To: declanat_private
    Message-Id: <EF890309-816A-11D7-B605-000A95682EB0at_private>
    X-Mailer: Apple Mail (2.552)
    
    The champs at MailBlocks are at it again:
    
    http://www.nytimes.com/2003/05/08/business/08SPAM.html?pagewanted=print&position=
    
    Shawn
    
    -- 
    
    shawnyeager.com
    +1 416 305 4142
    
    
    
    EarthLink Is Sued by Holder of Anti-Spam Patents
    By SAUL HANSELL
    
    A Silicon Valley start-up yesterday sued EarthLink, the big Internet
    service provider, saying that EarthLink's latest technology to block
    unwanted e-mail marketing, or spam, violates two of the start-up's
    patents.
    
    The plaintiff, MailBlocks, introduced an e-mail service in March that
    shows users mail only from senders whom they approve or who can show
    that they are people and not automated senders. MailBlocks was started
    by Phillip Y. Goldman, a founder of WebTV.
    
    MailBlocks, which is based in Los Altos, Calif., has been granted two
    patents related to its method of verifying senders, a technology called
    challenge response. The company charges $9.95 a year for the service.
    
    EarthLink has said it will offer its customers a free
    challenge-response system, under the name SpamBlocker, at the end of
    this month. Several other companies are starting to offer similar
    approaches.
    
    MailBlocks, in fact, had already filed suit against three companies —
    Spam Arrest of Seattle, DigiPortal Software of Sanford, Fla., and
    MailFrontier of Palo Alto, Calif.
    
    Mr. Goldman said that MailBlocks tried to license its patents to
    EarthLink as well but was rebuffed. Yesterday it filed suit in federal
    court in the central district of California, charging that EarthLink's
    system violates MailBlocks' patents and asking the court to move
    quickly to block its release.
    
    "They are in violation of our patents and should not be allowed to
    proceed," Mr. Goldman said.
    
    ...
    
    
    
    
    
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