Arresting the SpamCop!

Founder & CEO of ShopMyState.com "Swami" Bob is the founder and webmaster of ShopMyState.com

by Swami Bob

You're Busted - Arresting the SpamCops
 Should Web site owners be calling for an FTC investigation?

 Last week I encountered my first experience with the Internet's gestapo - Julian 
 Haight's SpamCop, and Haight himself (owner of SpamCop). Now I feel it's time to 
 begin turning the tides on these arrogant, self-proclaimed protectors of the 'Net.

 It all started last Monday morning (8/27/01) after we had e-mailed our weekly 
 LOGON. Soon after the mailing, we received a SpamCop report - more like 
 something a Chinese virus editor would write. So who was the accuser? That's what 
 we wanted to know - but the SpamCop report hides the accuser's address! Can you 
 believe that? Now that sounds more like a Chinese kangaroo court - shoot now - 
 who cares about the questions!

 "O.K.", I said to myself. "This is just a very isolated incident." That was until the next 
 day when we e-mailed our Holiday promotion and was 'blessed' with yet another of 
 Haight's SpamCop report. 

 We run a clean e-mail list and maintain/manage our own databases. So why all of a 
 sudden were the blue lights of the cop impersonator flashing at us? About one-third 
 of our list is comprised of small business owners who choose to be listed in our 
 directory;  another third are ezine subscribers - they too chose to subscribe; and the 
 remainder made up of individuals/businesses who choose to use our FREE 
 classified services. And that my friends is the only way you get on our list! So why 
 would any of these want to report us to SpamCop? 

 The answer may lie more in the ego of the creators of these e-mail filtering and 
 ticketing systems than with the person whose e-mail address triggered the 
 SpamCop report.

 We got mad and fought back. No arrogant pip squeak, sitting in his Seattle 
 apartment is going to destroy our years of hard work (most of which is yet to be 
 compensated).  One person like this is not going to ruin the investment of our 
 businesses, our subscribers and other members of our national staff.  Being so 
 close to the Puget Sound, Haight may want to consider to taking his fishy business 
 to Elliot Bay instead of the Internet. 

 He got me mad enough to do something about this anti-Spam thing. 

The Rest of the Story.

After a worthless telephone call to Mr. Haight, my frustrations mounted. Haight told me that the "reporter" was most likely subscribed by someone else using this guy's e-mail address and that we needed to change our subscription system. I told him that I have a right in this country to know my accuser. He said, "Not on the 'Net!" Now - if there is a real legitimate concern that prompted the "spamcop" report, wouldn't it make sense to know who the "reporter" is so we could remove them?

Not according to Haight. He just said "fix your system.". I said give me the name so I can remove this person. He said the person may really want to be subscribed, but just wants us to "fix our system". Now where's the logic in this ridiculous statement? This statement is in direct contrast to Haight's statement that the person was probably subscribed by someone else. What does Haight do - just make up scenarios that fit his mood or "fishy" mind (assuming he has one) at the moment?

With Haight refusing to 'give up' the reporter, my next phone call was to Matt at my  web hosting company -  Marketrends.net. Matt was able to trace the IP address and his mail server log to identity the reporter - the same one for both SpamCop reports. 

Armed with this information, I checked our database and found this San Diego business had listed his business into our business directory just days before. Without hesitation, I picked up the phone and confronted the "reporter". 

He was utterly shocked that I called him, stating he did not report us. Well then how did it happen? He went on to tell me that a friend had recommended he filter his e-mail through SpamCop... admitting he did not know much about it. D.C. also said he received no e-mail from SpamCop that we were reported.

I told him that as long as he used the service of SpamCop for filtering his e-mail, we would have no alternative but to discontinue our FREE directory services to his company. 

Where do we go from here?

We are taking precautions from this erroneous spamming being conducted by SpamCop. A letter (see below) was sent to the self-appointed SpamCop instructing him to REMOVE us from his list. Our policies do not condone spam and Mr. Haight's system is seen by us as unsolicited e-mail, interfering with our day-to-day business and the expectations of our clients. Here's a few recommendations:

1. Post a notice on your subscribe form that any who use e-mail filtering systems like SpamCop to not subscribe.
2. Be sure that your terms of service are conspicuously displayed prior to one subscribing.
3. Know your mail server. Be sure you have a good working relationship with them so they can trace the "reporter". for you. Matt Tourtillott, owner of Marketrends.net was more than helpful to us. If you don't have a personal relationship with yours, feel free to contact Matt.
4. Immediately send a "REMOVE" email to the SpamCop-type service and keep a copy. 
5. If possible, send a subscription confirmation to a new subscriber.

Getting ready for the FTC (Federal Trade Commission)

If we are going to protect e-commerce, we must preserve our rights to e-mail our customers and clients. With several reports of innocent e-biz operators being shutdown, we must unite. I will, soon be developing a database of those who have suffered economic loss from the illegal arrests made by these self-proclaimed cops. If we, collectively, unite and eventually file a class action complaint to the FTC we might begin to reverse the eroding of our rights to conduct legitimate e-commerce.

It is time for an Internal Affairs investigation into the corrupt and ego-driven powers of these unscrupulous e-cops. It's time to arrest them.

=====================================
Copy or our REMOVE letter to SpamCop.
—— Original Message ——-
From: “Admin-ShopMyState” <Admin@shopmystate.com>
To: <julian@reports.spamcop.net>
Cc: <legal@shopmystate.com>; <webmaster@marketrends.net>(SMS hosting co.); <webmaster@??????.com> (removed for privacy)
Sent: Thursday, August 30, 2001 11:15 AM
Subject: REMOVE from your list.
 

August 30, 2001

Mr. Julian Haight
Owner of SpamCop.net -

RE: SpamCop reports - see below!

You are hereby warned than any additional e-mail from your company, in any  matter whether it be, direct or in-direct, will be considered spam as it is unsolicited and in violation of our company's policies. Therefore, we will have no alternative but to refer your company for possible legal action and fines as may be deemed appropriate by a court of law. As well, our legal department is currently reviewing a possible class action filing with the U.S. Federal Trade Commission, to include other companies that you/your end users have contacted and caused financial loss.

Therefore you may need to do some re-programming and fixes in your software that you make available to untrained Internet users. You, your company and your end users may be held responsible for the sending out of unsolicited commercial email that serves not only as a distraction to legitimate businesses, but also results in financial loss and unnecessary extra management costs.

For your comfort, I am sending a copy of this email to our legal department, our web hosting company, and your end user webmaster@??????.com (removed for privacy) that  “Spammed” us, unwittingly, with your so-called “SpamCop” software. The reporter in question subscribed to our business directory on August 17, 2001 on his own. He discovered our invaluable service for independent local businesses through the web site of www.selfpromotion.com.

After a telephone conversation with “D.C.” of (removed for privacy) of San Diego, CA yesterday afternoon, I realized how deficient your software is and so did  he. You told me that he would receive an e-mail when we responded to his complaint - which we did - and he did not receive an e-mail. Perhaps you may need to seek professional software engineering assistance in your future endeavors.

Now Mr. Haight, although we do recognize that you may have had good intentions when you started this self-appointed posture of SpamCop, your application is quite deficient in process. Yes, there are many company’s and individuals out there who do spam and that hurts us all. But if you are going to be making software available to the general, untrained public, you must consider being more responsible in its application and use.

Good day,

Swami Bob, CEO/Webmaster
ShopMyState.com
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This article is Copyrighted 2001 by Swami Bob It may be reprinted in its entirety only and with the expressed written permission of Swami Bob.
 

Update 09-06-01
If you have been a victim, please notify Bobbi, LOGON editor. We now have a database where you can report false spam accusations and the damage it has done to you - Go Here!. This database is being compiled to study just how wide scale of a problem this issue might be.

Join our mailing list to show your support for protecting and preserving the rights of Internet business owners. See how the National Internet Business Alliance is now being formed. - Go Here.
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