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Answering spammers' objections to turning them in
Open replies to some of the questions and comments I have had over
the time I have been turning these MMF spammers in
[some questions/comments paraphrased]
- What Gives You the Right to Turn Me In?
- What gives me the right to turn in spammers and especially Make Money Fast spammers? Let me explain something very clearly to you. Your use of Usenet is not a right, it is a privilege. You do not have the "right" to have Usenet access, and your privilege is granted by your ISP, who has certain rules and guidelines that you agree to when joining, These are called AUP (Acceptable Use Policies) or TOS (Terms of Service). When you violate these, you can be removed from the ISP's service. Most AUP's, with the exception of certain spam harboring domains like earthstar.com, cyberpromo.com, etc., have AUP and TOS that specifically prohibit illegal activities, and usually prohibit activities that are against general Usenet "netiquette" or that cause net abuse, like spamming.
- So What about "Netiquette"? - There Are No Laws That Govern Usenet
- This is true. There are no laws which specifically apply to the facets of Usenet itself in the sense which we are discussing. There are, however, accepted standards and practices that are followed by people who respect the rights of others. Usenet is a cooperative effort of people and equipment around the globe. If that cooperation fails, there is no Usenet (Death of Usenet Imminent, .mpg at 11:)
There are also RFCs which spell out accepted behavior and unacceptable behavior. RFCs, while not having the force of law, are generally referred to by legitimate ISPs as the final say in usage matters.
In addition, there are laws outside of "cyberspace" which do govern the kinds of things that you did. People tend to draw an erroneous distinction between a "real" world and "cyberspace." This is entirely fallacious, because "cyberspace" exists only within the real world in the computers and equipment worldwide, where existing laws and rules still hold. "Cyberspace" as such is a subset of the "outside" world, and as such, inherits all the characteristics of the "outside" world, including its laws.
In short, when in Rome, do as the Romans do, or face the wrath of the Romans. If you don't like the rules, lobby to change them. If you don't like your ISP's policies, change ISPs.
- That Still Doesn't Tell Me Why You Think You Have The Right To Do This, Mr. High and Mighty
- Let me use an analogy here. You live on the same street as I do (Usenet). I see you attempting to break into one of my other neighbors's house, running drug deals out of yours, or committing other crimes and/or inciting others to do the same (posting illegal chain letters). It is totally within my rights, indeed it is my responsibility as a member of civilization, to alert the proper authorities to your criminal acts. If I fail to do so, I am not protecting my other neighbors. Civilization is based upon a concept of "you protect me and I'll protect you." If I fail to live up to that, I fail as a civilized human being. I can therefore no longer expect others to do the same for me. In this case, I am reporting an act that is illegal in every country in the world (if there's one in which chain letters are legal, it hasn't been heard from yet, and I don't mean just by me). In reporting you to the authorities who can terminate your efforts, I am protecting the other innocent "netizens" from your attempts to lure them into an illegal act.
- Who Cares? It's a Free Country, and I Can Say Anything I Want - You Can't Stop Me - That's Censorship! I Have a First Amendment Right to Free Speech!
- First off, Usenet is not restricted to any one country. It is worldwide. First Amendment rights have no meaning in, say, Sweden, among other places where your article also propagated to.
- Secondly, even living in the USA, that argument is demonstrably false. You cannot, for instance, shout "FIRE!" in a crowded theater. You go to jail for endangering the lives of others due to the panic you cause. You cannot, for instance, indiscriminately threaten anyone you want, or they can have you restrained and put in jail if need be. You cannot threaten the life of the President, or you could have a little call from the Secret Service and go to jail quite rapidly. You cannot slander or libel someone without the possibility of being successfully sued.
Third, the First Amendment of the Constitution of the United States of America says "Congress shall make no law... abridging the freedom of speech,..."
What that has been held by the highest courts in the land to mean, since that document was first penned and through to this day, is that the government cannot censor you, but any private individual or corporation can, if your "speech" comes within their control. That means that if the government is not doing it, it is not censorship, and does not fall under the First Amendment. Period. End of discussion. Your ISP can terminate or restrict your account for any reason it deems necessary, or restrict your access to outside information or contact at will. Very recent court cases in the Supreme Court have upheld this yet again.
- But I Didn't Know! They Said In The Letter It Was Legal
- Whether you did it out of greed, malice, stupidity, or ignorance makes no difference. You have a responsibility to check out things from more than one source when you are not aware of the possible consequences or legalities involved. If you got drunk and ran over someone's child accidentally, it was still entirely your fault for the decisions you made to get you to that act. You cannot, for instance, blame the manufacturer of the alcoholic beverage. You raised the glass to your lips each time with no gun held to your head. In this case, you cannot blame someone else's lies for your failure to verify them. You have an accountability for your actions whether they were done knowingly or not. Sadly, that is not taught very much today, hence many of the problems we face in today's society.
Besides, there is something called common sense, that should throw a red flag in front of anyone's nose, that something that purports to be as easy and free from risk as these chain letters do is suspicious. If schemes like MMF worked, don't you think you would hear verifiable stories about them, not just affirmations from the person trying to get you involved? Learn not to trust the grey, nebulous "they" that the world seems to turn to for its advice upon frequent occasions. I have yet to see (other than in a Far Side cartoon) a definition of who "they" are. Use accurate thinking and make your own judgements, based upon only things that can be verified to be facts, and only those facts that are pertinent to the question at hand..
Please don't use the "but so many people were doing it and saying it worked, so I thought it was true" excuse. A moment's accurate thought instead of acting on impulse would bring you to the conclusion that each and every one of those people was attempting to gather more people into the scheme for their own benefit, not others', and so therefore had reason to falsify anything they might say, just as you did when you made your outlandish and untrue claims. You made many claims in your chain letter that were in first person tense - that you had specifically done these things and that you had made such and such amount of money, etc. If you had not done so (which you didn't), those were outright lies. How do you reconcile that with being an honest person and not knowing that this was illegal or unethical? Do you often tell outright lies to further your own ends, without regard for others?
Also, a simple calculator and 5 minutes would convince anyone of the mathematical impossibility of these pyramid schemes. It is not my responsibility to go around changing your diaper for you. It is my responsibility as a good citizen of both real world and cyberspace to attempt to protect others from these illegal schemes by any legal method I have within my disposal.
- You're Just Jealous That I Might Make A Lot Of Money
- That's an interesting claim, since it has proven over and over mathematically that you can't make any money at these chain letter schemes. How would I be jealous of something I knew you couldn't achieve and have striven to prove to others is impossible? Besides, I make far more than enough money in my own legitimate business for my own wants and needs, and for the charities I donate to; I have no need to be jealous of other people's money making, and indeed applaud (and assist) any legitimate efforts of people to succeed in life. Success is not just money, either. There are 12 Riches of Life, and wealth is fairly far down the list. Perhaps that's something it was time you learned.
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All comments within these pages are expressed as personal opinions only.
© 1997 Ken Lucke - all rights reserved 
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