SPAM NOTES:
a law blog covering electronic communications,
email, social networks, privacy, and more
a law blog covering electronic communications,
email, social networks, privacy, and more
Electronic Communications, Privacy, Data Protection, and More
Portrait of a Lawyer Turned Anti-Spammer
Ryan Burns of the North Coast Journal profiled Asis Internet, a long-time anti-spam crusader who ultimately closed up shop. (Previous post: "The Rise and Fall of a Spam Plaintiff.") The AP takes it turn on this topic, this time profiling Dan Balsam, a lawyer turned anti-spam crusader: "Man quits job, makes living suing e-mail spammers." (Balsam says the scourge of spam inspired him to go to law school.)
The AP's piece mentions the millions of dollars in judgments racked up by Balsam. However, it doesn't answer the critical question of what percentage of those judgments he actually collects on? Nor does the article mention Balsam's recent loss in the 9th Circuit, where he tried to hold a registrar and its privacy protection services liable for a million dollar judgment. (See "Domain Name Privacy Protection Services Not Liable for Failure to Disclose Identity of Alleged Spammer.")
In fact, this is something I've been curious about for a long time. Companies and individuals have been awarded millions in (often default) judgments against spammers. How much of these judgments have actually been realized? Inquiring minds want to know!
(h/t Eric Goldman)
The AP's piece mentions the millions of dollars in judgments racked up by Balsam. However, it doesn't answer the critical question of what percentage of those judgments he actually collects on? Nor does the article mention Balsam's recent loss in the 9th Circuit, where he tried to hold a registrar and its privacy protection services liable for a million dollar judgment. (See "Domain Name Privacy Protection Services Not Liable for Failure to Disclose Identity of Alleged Spammer.")
In fact, this is something I've been curious about for a long time. Companies and individuals have been awarded millions in (often default) judgments against spammers. How much of these judgments have actually been realized? Inquiring minds want to know!
(h/t Eric Goldman)
In the Age of YouTube, there's no need to take my word for it
In the Age of YouTube, there’s no need to take my word for it: There is a video of the incident that I’m “happy to allow . . . to speak for itself.” Scott v. Harris, 550 U.S. 372, 378 n.5 (2007); see www.youtube.com/watch?v=ZOssHWB6WBI (last visited Nov. 16, 2010) [no shortened URL?]. This video (also found in the record) clearly shows that Norse’s sieg heil was momentary and casual, causing no disruption whatsoever.Interesting quote from Judge Kozinski in his 9th Cir. concurring opinion in Norse v. Santa Cruz.
(h/t Eric Goldman; see also Techdirt.)
ABA Journal Blawg 100 2010 - Recommendation No. 2 (Tech & Marketing Law Blog)
My second recommendation for the ABA Journal Blawg 100 2010 - Eric Goldman's Technology & Marketing Law Blog.
Why? Because I guest blog there with some regularity, and Prof. Goldman has promised to double my pay if he wins. I'm kidding, even if he did double my pay, it would still be zero. Seriously, his blog has always been a go-to resource for those who follow tech. and marketing law developments. I was always amazed at his encyclopedic knowledge before I started posting over there, and I'd always exchanged emails with him on cases, but now I do so with some regularity, and I'm in awe of the volume of relevant material that must pass through his gmail and scribd accounts. In fact, one of the downsides of blogging over there is the sheer torrent of material that's available. I don't know how he does it, but he stays totally on top of ongoing cases. No (even loosely relevant) case passes by without him noticing.
How to Vote:
Why? Because I guest blog there with some regularity, and Prof. Goldman has promised to double my pay if he wins. I'm kidding, even if he did double my pay, it would still be zero. Seriously, his blog has always been a go-to resource for those who follow tech. and marketing law developments. I was always amazed at his encyclopedic knowledge before I started posting over there, and I'd always exchanged emails with him on cases, but now I do so with some regularity, and I'm in awe of the volume of relevant material that must pass through his gmail and scribd accounts. In fact, one of the downsides of blogging over there is the sheer torrent of material that's available. I don't know how he does it, but he stays totally on top of ongoing cases. No (even loosely relevant) case passes by without him noticing.
How to Vote:
Register to vote here.Bias alert: See above. Also, thanks to Ron Coleman for the kudos.
Cast your vote in the "Legal Tech." category here.
ABA Journal Blawg 100 2010 - Recommendation No. 1 (The Legal Satyricon)
I wanted to take a moment to offer a vote recommendation for the ABA Journal Blawg 100. My blog-reading habits have changed over the years (like most people's), but one blog I have consistently read is The Legal Satyricon. 
Why TLS? The Satyriconistas tackle a wide range of topics ranging from internet-related legal issues, to free speech, and politics, and my personal favorite - the wisdom of the laws and institutions of the fair state where its founder originally lived. Refreshingly, for a law blog, TLS's opinion is unabashed. (I said "tackle," they actually pummel topics.) Fear of how they will be perceived is not something that is even a remote consideration in their writing process. (This is not surprising, given the personality of its founder Marc Randazza.) Humor is a strong thread that runs through TLS posts. The photos and images are on point. They bash what deserves to be bashed and do it in a funny and unique way. At the end of the day, TLS embodies what blogging should be - opinionated, fearless, and funny.
How to Vote:
Bias Alert: I'm friends with Randazza.
NB: some posts have criticized the process behind (or around) the ABA 100 and they're worth a read in my opinion: "ABA Journal Blawg 100: Where the Hell Are the Womens' Blawgs?" (Niki Black) and "ABA Blawg 100: Death of the Beauty Pageant" (Scott Greenfield). That said, vote TLS!
Why TLS? The Satyriconistas tackle a wide range of topics ranging from internet-related legal issues, to free speech, and politics, and my personal favorite - the wisdom of the laws and institutions of the fair state where its founder originally lived. Refreshingly, for a law blog, TLS's opinion is unabashed. (I said "tackle," they actually pummel topics.) Fear of how they will be perceived is not something that is even a remote consideration in their writing process. (This is not surprising, given the personality of its founder Marc Randazza.) Humor is a strong thread that runs through TLS posts. The photos and images are on point. They bash what deserves to be bashed and do it in a funny and unique way. At the end of the day, TLS embodies what blogging should be - opinionated, fearless, and funny.
How to Vote:
Register to vote here.This was not an easy recommendation to make. I have been a long-time reader of several other blogs on the list, including the always excellent Volokh Conspiracy. Charon QC publishes an excellent blog (and recently scored an interview with Julian Assange's lawyer). There's also Brian Tannebaum's blog (Brian plays a warm friendly lawyer on Twitter).
Vote in the IMHO (what?) category here.
Bias Alert: I'm friends with Randazza.
NB: some posts have criticized the process behind (or around) the ABA 100 and they're worth a read in my opinion: "ABA Journal Blawg 100: Where the Hell Are the Womens' Blawgs?" (Niki Black) and "ABA Blawg 100: Death of the Beauty Pageant" (Scott Greenfield). That said, vote TLS!
David Kazzie Strikes Again - "So You Want to Close Your Facebook Account?"
I'm in awe of David Kazzie. He's the man behind the breakout "So You Want to Go to Law School" video. Regardless of how you feel about his take on t
he practice of law, there's something really funny about the combination of his sarcastic and jaded script and the Xtranormal characters and scenes. (I personally liked the video.) His original video is almost at a million views on YouTube. (Here's a link to his YouTube channel and a link to his blog.)
I recently came across another funny YouTube video titled " So You Want to Write a Novel." After watching the video, I noticed that this was also by Kazzie, and it's also hilarious. This video also received a fair amount of attention. Here is yet another one from him, titled "So You Want to Close Your Facebook Account?":
This one is funny as well, and pokes fun at Facebook (or people's use of Facebook). I wonder if Kazzie plans to explore his Xtranormal writing skills as something more than a hobby? (Here's an interview at The Careerist with Kazzie: "Lawyer Behind the YouTube Hit.")
Either way, his stuff is funny. [I should also note that I'm a fan of Xtranormal, although I lack the talent to put it to good use.]
he practice of law, there's something really funny about the combination of his sarcastic and jaded script and the Xtranormal characters and scenes. (I personally liked the video.) His original video is almost at a million views on YouTube. (Here's a link to his YouTube channel and a link to his blog.)I recently came across another funny YouTube video titled " So You Want to Write a Novel." After watching the video, I noticed that this was also by Kazzie, and it's also hilarious. This video also received a fair amount of attention. Here is yet another one from him, titled "So You Want to Close Your Facebook Account?":
This one is funny as well, and pokes fun at Facebook (or people's use of Facebook). I wonder if Kazzie plans to explore his Xtranormal writing skills as something more than a hobby? (Here's an interview at The Careerist with Kazzie: "Lawyer Behind the YouTube Hit.")
Either way, his stuff is funny. [I should also note that I'm a fan of Xtranormal, although I lack the talent to put it to good use.]
Father of Social Media Laments Lack of Klout
Tragically, not an Onion story, but a true to life blog post: "Influencing Klout."
The gist of the post? I've written a book about social media and have had a lot of conversations about it, so why don't I have a higher Klout ("influence") score?
Oy.
[NB: one would think being a long-time player in the social media game, he would have picked up on the fact that texting while driving is not cool? No such luck.]
The gist of the post? I've written a book about social media and have had a lot of conversations about it, so why don't I have a higher Klout ("influence") score?
Oy.
[NB: one would think being a long-time player in the social media game, he would have picked up on the fact that texting while driving is not cool? No such luck.]
Crazy Story of the Week
"Charles Manson had a cellphone?" (LA Times)
This raised (but didn't "beg") the obvious questions - who exactly was Manson calling, or texting? Was he surfing the web? Tweeting?
News doesn't get much crazier or more bizarre than this.
This raised (but didn't "beg") the obvious questions - who exactly was Manson calling, or texting? Was he surfing the web? Tweeting?
Records show that he made calls and send text messages to people in California, New Jersey, Florida and British Columbia.One of the people Manson called released a recording of one of his rants: "Friend Releases Manson’s Cell Phone Rant From Prison."
News doesn't get much crazier or more bizarre than this.
Social Media and The Self Esteem Bubble
Scott Greenfield has an interesting post about self esteem, and how the "self esteem movement" may not be all that it's cracked up to be. ("The Best Place to Find Self Esteem.") He notes that that "feeding your need for unwarranted high self-esteem won't produce Utopia." In fact, it could ultimately produce negative effects, and may ultimately be injurious to society.
Of course, what prompts the self esteem discussion is the internet - currently our favorite source for generating self esteem:
What's changed? You guessed it. With interactions increasingly becoming social (i.e., attached to our "true" and "authentic" online personas), flattery and faux kudos are on the rise. In fact they are the norm. People compliment each other endlessly and mindlessly. The internet has become a giant self esteem pyramid scheme of sorts. [I have no idea what the precise cause is, but in my neck of the woods, increased use of social media by professionals as an overt branding tool definitely seems to contribute to this.]
All of this raises another point worth thinking about: apart from the negative effects of having people running out there with inflated senses of themselves, we may also be building a self esteem bubble. Should we be worried about what's going to happen when it bursts?
Related post: "Twitter and the Cult of Positivity."
Of course, what prompts the self esteem discussion is the internet - currently our favorite source for generating self esteem:
After all, isn't self-esteem what the internet is all about, allowing us to authentically engage with people of great accomplishment and talent despite our having nothing whatsoever to commend us? We're all worthy. Get a twit from your hero and you're just as important and heroic as anyone else, like a social media rock star.What's interesting about this is that this is a relatively recent phenomenon. I don't have any claim for being an early active participant on the internet, but my anecdotal observations are that in the "early days," you could put yourself out there, but you were just as likely to be ripped to shreds as you were affirmed by the adoring masses (or by your "tribe"). In fact, one of the big benefits touted of the internet is that it is a gigantic merit-based system where the crowd functions as an adequate screening mechanism to separate the good ideas, arguments, and positions from the bad. You can put whatever you want out there, but chances are, someone else (somewhere) would cut it down to its appropriate size. Somewhere along the way, between GeoCities and Facebook, all of this changed.
What's changed? You guessed it. With interactions increasingly becoming social (i.e., attached to our "true" and "authentic" online personas), flattery and faux kudos are on the rise. In fact they are the norm. People compliment each other endlessly and mindlessly. The internet has become a giant self esteem pyramid scheme of sorts. [I have no idea what the precise cause is, but in my neck of the woods, increased use of social media by professionals as an overt branding tool definitely seems to contribute to this.]
All of this raises another point worth thinking about: apart from the negative effects of having people running out there with inflated senses of themselves, we may also be building a self esteem bubble. Should we be worried about what's going to happen when it bursts?
Related post: "Twitter and the Cult of Positivity."
Khloe Kardashian and Twitter Spam
If there's ever a "what has my life come to" moment, searching on Twitter for "Kardashian" has got to be high (or low) on the list. Anyway, I found myself doing a search on Twitter for Kardashian, and I was surprised that I saw a few tweets coming from different people that had no links, but the exact same text. I did a search for the exact text and was surprised by what I saw:
It doesn't take an expert to spot the tell-tale signs. Generic sounding names with numbers all tweeting out the identical content. Looks like someone is trying to increase Ms. Kardashian's "relevance." (See "Google + Bing Confirm that Twitter/Facebook Influence SEO" [SEOmoz].)
As tragic as it was that I was doing a Twitter search for Kardashian, I was actually looking for an article that talked about her sister's pledge to stay off of social media in an effort to raise money for World AIDS Day and Keep a Child Alive (both laudable causes, no doubt). Her sister and other celebrities are staying "off-line" until people pledge 1 million dollars to these organizations, but as New York Magazine mentioned, the whole thing may backfire:
As tragic as it was that I was doing a Twitter search for Kardashian, I was actually looking for an article that talked about her sister's pledge to stay off of social media in an effort to raise money for World AIDS Day and Keep a Child Alive (both laudable causes, no doubt). Her sister and other celebrities are staying "off-line" until people pledge 1 million dollars to these organizations, but as New York Magazine mentioned, the whole thing may backfire:
donations have been slim, topping out at just $160,000 this morning, which suggests that the celebrities may have to stay off Twitter far longer than intended.I guess people are thinking they should give money to a charity (just not this one) and if the response is tepid enough, Kardashian may just stay off Twitter for good (or as long as she can hold out). [Crazily (in a sure sign that the apocalypse is near, or at least that things are not right and just in this world), Kardashian actually is paid to tweet: "Is she worth $10,000 per tweet? Kim Kardashian earns big money using her Twitter account to advertise to her 2 million fans."]
FBI Nabs Alleged Spam King in Vegas
Ars Technica has the details of how the FBI nabbed someone who was allegedly behind the Mega-D botnet, which at one time was responsible for 32% of the world's spam:
So how did the FBI get its man this time around? By busting the US-based distributor of fake Rolex watches who used Mega-D to send a good chunk of his spam. That led them on a trail that culminated in ePassporte, a money transfer service, and they found Nikolaenka's name and e-mail addresses attached to his account.Ouch.
Nikolaenko had made another mistake: the e-mail accounts were Gmail addresses, and it was no trouble at all for the US to get a subpoena, forcing Google to cough up the account information. FBI agents found copies of the botnet software and much else of interest among the e-mails.
With what they needed in hand, they waited—and it didn't take long for Nikolaenko to enter the US again at JFK. A few phone calls later and he was located at the Bellagio in Vegas. The FBI obtained and then executed an arrest warrant, and now Nikolaenko faces CAN-SPAM Act charges in, of all places, Milwaukee (where the FBI agent tracking him was located).
About the Author
(@VBalasubramani)
