CASL botnet take down

biohazardmailThe CRTC served its first ever warrant as part of an international botnet takedown. The warrant was to take down a C&C (command and control) server for Win32/Dorkbot. International efforts to take down C&C servers take a lot of effort and work and coordination. I’ve only ever heard stories from folks involved but the scale and work that goes into these take downs is amazing.
Bots are still a problem. Even if we manage to block 99% of the botnet mail out there people are still getting infected. Those infections spread and many of the newer bots steal passwords, banking credentials and other confidential information.
This kind of crime is hard to stop, though, because the internet makes it so easy to live in one country, have a business in a third, have a shell corp in a fourth, and have victims in none of those places. Law enforcement across the globe has had to work together and develop new protocols and new processes to make these kinds of takedowns work.
 

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CRTC fines Compu-Finder $1.1 million for CASL violations

The Canadian Radio-television and Telecommunications Commission (CRTC) is the principle agency tasked with enforcing Canada’s anti-spam law. Today they issued a Notice of Violation to Compu-Finder  including a $1.1 million dollar fine for 4 violations of CASL. The violations include sending unsolicited email and having a non-working unsubscribe link. According to the CRTC, complaints about Compu-Finder accounted for 26% of all complaints submitted about this industry sector.
This is the first major fine announced under CASL.
One of the first things that jumped out at me about this is the action was taken against B2B mail. There are a lot of senders out there who think nothing of sending unsolicited emails to business addresses. In my experience, many B2B senders think permission is much less important for them than B2C senders. I think that this enforcement action demonstrates that, at least to the CRTC, permission is required for B2B mail.
The other thing that jumped out is that given the extent of the complaints (26%) the financial penalties were only slightly more than 10% of the $10M maximum penalty. It seems the CRTC is not blindly applying the maximum penalty, but is instead actually applying some discretion to the fines.
I’ve looked for the actual notice of violation, but haven’t been able to find a copy. If I find it, I will share.
 
 
 
 

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June 2015: the Month in Email

Happy July! We are back from another wonderful M3AAWG conference and enjoyed seeing many of you in Dublin. It’s always so great for us to connect with our friends, colleagues, and readers in person. I took a few notes on Michel van Eeten’s keynote on botnets, and congratulated our friend Rodney Joffe on winning the prestigious Mary Litynski Award.
In anti-spam news, June brought announcements of three ISP-initiated CAN-SPAM cases, as well as a significant fine leveled by the Canadian Radio-television and Telecommunications Commission (CRTC) against Porter Airlines. In other legal news, a UK case against Spamhaus has been settled, which continues the precedent we’ve observed that documenting a company’s practice of sending unsolicited email does not constitute libel.
In industry news, AOL started using Sender Score Certification, and Yahoo announced (and then implemented) a change to how they handle their Complaint Feedback Loop (CFL). Anyone have anything to report on how that’s working? We also noted that Google has discontinued the Google Apps for ISPs program, so we expect we might see some migration challenges along the way. I wrote a bit about some trends I’m seeing in how email programs are starting to use filtering technologies for email organization as well as fighting spam.
Steve, Josh and I all contributed some “best practices” posts this month on both technical issues and program management issues. Steve reminded us that what might seem like a universal celebration might not be a happy time for everyone, and marketers should consider more thoughtful strategies to respect that. I wrote a bit about privacy protection (and pointed to Al Iverson’s post on the topic), and Josh wrote about when senders should include a physical address, what PTR (or Reverse DNS) records are and how to use them, testing your opt-out process (do it regularly!), and advice on how to use images when many recipients view email with images blocked.

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Are botnets really the spam problem?

Over the last few years I’ve been hearing some people claim that botnets are the real spam problem and that if you can find a sender then they’re not a problem. Much of this is said in the context of hating on Canada for passing a law that requires senders actually get permission before sending email.
Botnets are a problem online. They’re a problem in a lot of ways. They can be used for denial of service attacks. They can be used to mine bitcoins. They can be used to host viruses. They can be used to send spam. They are a problem and a lot of people spend a lot of time and money trying to take down botnets.
For the typical end user, though, botnets are a minor contributor to spam in the inbox. Major ISPs, throughout the world, have worked together to address botnets and minimize the spam traffic from them. Those actions have been effective and many users never see botnet spam in their inbox, either because it’s blocked during send or blocked during receipt.
Most of the spam end users have to deal with is coming from people who nominally follow CAN SPAM. They have a real address at the bottom of the email. They’re using real ISPs or ESPs. They have unsubscribe links. Probably some of the mail is going to opt-in recipients. This mail is tricky, and expensive, to block, so a lot more of it gets through.
Much of this mail is sent by companies using real ISP connections. Brian Krebs, who I’ve mentioned before, wrote an article about one hosting company who previously supported a number of legal spammers. This hosting company was making $150,000 a month by letting customers send CAN SPAM legal mail. But the mail was unwanted enough that AOL blocked all of the network IP space – not just the spammer space, but all the IP space.
It’s an easy decision to block botnet sources. The amount of real mail coming from botnet space is zero. It’s a much bigger and more difficult decision to block legitimate sources of emails because there’s so much garbage coming from nearby IPs. What AOL did is a last resort when it’s clear the ISP isn’t going to stop spam coming out from their space.
Botnets are a problem. But quasi legitimate spammers are a bigger problem for filter admins and end users. Quasi legitimate spammers tend to hide behind ISPs and innocent customers. Some send off shared pools at ESPs and hide their traffic in the midst of wanted mail. They’re a bigger problem because the mail is harder to filter. They are bigger problems because a small portion of their recipients actually do want their mail. They’re bigger problems because some ISPs take their money and look the other way.
Botnets are easy to block, which makes them a solved problem. Spam from fixed IPs is harder to deal with and a bigger problem for endusers and filters.

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