-Spam- Solicited Pornography and Marketing. A Worldwide Internet Disease. by Judith Leonhardt

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1 -Spam- Solicited Pornography and Marketing A Worldwide Internet Disease by Judith Leonhardt

2 Primary characteristics of spam: electronical message, send in large quantities, unwanted and of commercial nature

3 What kinds of spam are there? 1. dangerous 2. commercial or advertising 3. non-commercial 4. social or private (5. pop-ups, cockies, phishing, tel. calls, faxes)

4 Contents of spam: Income generating claims Pornography and materials with sexual content Offers of free or discounted products and services Products adverts / information Health cures Loans, credit options or repair credit ratings Surveillance/ scares/ urban legends Opportunities to win something, online gambling options Other 28% 16% 15% 11% 11% 9% 5% 3% 2% 100%

5 What makes it so bad? Very fast and high increase in the amount in the past years (7% 65% / 01 04) One spammer: s / day Benefits ~ 250 Mio $ in 2002 Response rate mail: 0,001% Response rate phishing: up to 20% 90% of all spam is sent by a core goup of people FTC until today has only procesuted 55 spammers

6 Cost analysis Costs for the recipient: 1) First order costs: telecommunications, time for downloading / processing each mail anti-spam programs need to be paid, run by computers and administered by staff. 2) Second order cost: important mails are missed additional costs by activation of virus, worms, trojans transmitted by spam or misleading junk mails. Costs for the spammer: no or low cost

7 Methods of protection: Authentification: -used ~ 60 million times a day worldwide -adds up to h online time being lost -helps to some extend against spam also other methods trying to increase the resource demand for the spammers.

8 Methods of protection: Country regulated models Opt-in: requires consent of recipient for commercial mail delivery Double opt-in: after subscrition of your mail address reconfirmation of the spammer Opt-out: spamming only unlawful if recipient has already disagreed to receive spam Blocking and filters: aol blocks billion mails per day (2004) named by users (leading to wrong accusations) Problems with blocking; number of spam will rise, 15% of expected and generally wanted mails are not delivered White, black and grey lists: IP number based blocking leading to those lists to abandon, allow or monitor this IP

9 Problems with prosecution: numbers unavailable, only estimations are used one single spammer can not be sentenced for all collective spammers Informations from providers hard to get, disclosure not obligated, or person not identifyable Spammers act from save country, with fake identity and sometimes hacked accounts Solution: international alliances acting across all borders

10 Laws in Germany: ( 823 Abs. 1, 1004 BGB) enable private compensation and injunctive relieves, opening the possibility to providers to act against spammers also ( 7 Abs.2 UWG) commercial mail send without recipients permission now is an unacceptable harassment, but only competitors or claiming collectives are able to go to court, private recipients and providers are not enabled on this basis to act against the spammers. if the origin of a spam mail is forged, it is hard to find the identity and address

11 Laws in Germany: per mail the sender has to pay, if the mail s commercial character was concealed Spams including viruses and other harmful matters can be caught by 202a, 303a and 303b StGB; spams offering fraudulent business or phishing attempts are regulated by 263a StGB But at the same time it is unlawful to suppress or delete mails by a third party (eg. provider or antispam software). accurate/hard interpretation of the existing laws has led to a negative side effect on legal communication networks like mailing lists, newsletters, fora and other providers -> not even been started, strongly cut or closed since the legitimate hazards have been considered to high.

12 Law in USA: American regulations: Can-Spam-Act USA punishes spammers up to 750 US$ or up to 5 years imprisonment for each spam send.

13 Summary: Laws are mostly sufficient, but enforcement has no chance since Spammer act from countries which can t or won t help prosecuting delinquent Spammers also use fake identities or unreal addresses for their purpose as long as there are loopholes like this and insufficient international collaboration, there is no chance to catch the core group.

14 Thank you for your patience!

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