Microsoft 'spam trap' pays off
2005-08-10 07:06
Seattle - Microsoft has won a $7m settlement from a man once billed as one of the world's most prolific spammers.
The software maker heralded the deal as a coup in the ongoing fight against unsolicited commercial e-mails. Microsoft said the money from Scott Richter and his company, OptInRealBig.com, will be used to boost efforts to combat spam and other misuse.
"People engage in spam to make money," Brad Smith, Microsoft's chief counsel, said on Tuesday. "We have now proven that we can take one of the most profitable spammers in the world and separate him from his money. And I think that sends a powerful message to other people who might be tempted to engage in illegal spam."
The deal is the second stemming from joint lawsuits Microsoft and New York state Attorney General Eliot Spitzer filed in December 2003 after Microsoft set "spam traps" that netted some 8 000 messages containing 40 000 fraudulent statements. The lawsuits sought as much as $20m in fines against members of a sprawling spam ring.
In the settlement announced on Tuesday, Richter and his company agreed to comply with federal and state laws, including CAN-SPAM, the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act.
He pledged not to send spam to anyone who has not confirmed a willingness to receive it.
Monitored for three years
He also agreed to let authorities monitor the business for three years to ensure it does not send any illegal spam.
In a statement released by Microsoft, Richter said he has changed the way he does business.
"In response to Microsoft's and the New York attorney general's lawsuits, we made significant changes to OptInRealBig.com's e-mailing practices and have paid a heavy price. I am committed to sending e-mail only to those who have requested it and to complying fully with all federal and state anti-spam laws."
Richter was once ranked as the world's third-most prolific spammer. Microsoft said his business sent an estimated 38 billion spam messages per year. Spitzer has said he believed Richter was clearing millions of dollars in monthly profits from spam.
Richter and OptInRealBig.com denied allegations they sent misleading e-mails using forged sender names, false subject lines, fake server names and internet domain names and addresses registered using pseudonyms and aliases.
However, in a separate settlement announced last month, Richter and OptInRealBig.com agreed to pay New York State $50 000 in penalties and investigative costs and to use proper identifying information when registering internet domain names.
Last month, Richter was removed from the Register of Known Spam Operators maintained by the Spamhaus Project, an anti-spam and consumer advocacy group. Since then, Smith said Spamhaus has reported "a massive drop in spam levels".
On the net:
www.microsoft.com
www.optinbig.com
- AP