Spammer prosecuted in New Zealand

Today (well, actually tomorrow, but only because New Zealand is on the other side of the date line) the NZ Department of Internal Affairs added a 3rd statement of claim against Brendan Battles and IMG Marketing. This third claim brings the total possible fines to $2.1 million.
Brendan is a long term spammer, who used to be in the US and moved to New Zealand in 2006. His presence in Auckland was noticed by Computerworld when a number of editors and staffers were spammed. When contacted by the paper, Brendan denied being involved in the spam and denied being the same Brendan Battles.
New Zealand anti-spam law went into effect in September 2007. The Unsolicited Electronic Messages Act 2007 prohibits any unsolicited commercial email messages with a New Zealand connection, defined as messages sent to, from or within New Zealand. It also prohibits address harvesting.
The Internal Affairs department also appears to be investigating companies that purchased services from Brendan Battles.

Internal Affairs was still investigating businesses that had bought and used IMG databases some of which had been fined for breaching the act. Senior investigator Toni Demetriou said the sender of any commercial electronic message must have the consent of the recipient before the message was sent. stuff.co.nz

Poor Brandon. He moves to a country with no anti-spam law and then a year later they enact a law prohibiting any unsolicited email marketing.

Typoed email addresses
MAAWG statement on email appending

Related Posts

McColo goes offline

Last week a major player in the botnet arena was taken offline when they were shutdown by their upstream provider.  With the demise of McColo, there has been a 30 – 50% drop in the amount of spam as measured by any number of different techniques. The CBL team has posted an article about their view of the McColo disconnection, which includes links to press articles about the shutdown. Spamhaus has their own take on the shutdown and another collection of links to articles about the shutdown.
In my own mailbox, I have noticed a drastic decrease in the amount of spam over the last week. I am too jaded to expect that the change is permanent, but it is nice while it lasts.

Read More

Social networks and bulk email

There’s been a bit of a commotion on Twitter and over at J Caldwell’s blog about Al’s reaction to someone harvesting his address off LinkedIn and then adding that email address to his company’s marketing / newsletter database. Al objected to getting the mail, the person who did this shot back that it wasn’t spam, there was lots of arguing both over twitter and on the blog post.
This also recently happened when a well known email marketer took all 500+ of his Linked In contacts (including me) and added them to his corporate Christmas card list. His behaviour also created a bit of a stir, although it was a little less public.
That mailing was interesting, because a number of people who received the card thought this was the Best Use of Email, EVER! Some of them went so far as to opine “How could ANYONE not like this mail? What are they, Scrooge?” Well, actually, I found the mail irrelevant and a bit annoying. I have to admit I would have been a lot less annoyed if I knew this was a one time thing. However, in order to comply with CAN SPAM he included an opt-out. Which lead to some head scratching: have I been added to their full list? Am I going to get their newsletter from now on? Do I have to opt-out? What was he thinking?
Watching both of the above situations go down I have come up with a list of things you must consider when sending bulk mail to people who have connected with you on social networks.

Read More

Spamhaus and Gmail

Today’s been chock full of phone calls and dealing with clients, but I did happen to notice a bunch of people having small herds of cows because Spamhaus listed www.gmail.com on the SBL.
“SPAMHAUS BLOCKS GOOGLE!!!” the headlines scream.
My own opinion is that Google doesn’t do enough to police their network and their users, and that a SBL listing isn’t exactly a false positive or Spamhaus overreaching. In this case, though, the headlines and the original article didn’t actually get the story right.
Spamhaus blocked a range of IP addresses that are owned by Google that included the IP for www.gmail.com. This range of IP addresses did not include the gmail outgoing mailservers.
Spamhaus says

Read More