FCC notice of proposed rulemaking

The FCC recently published a notice of proposed rulemaking that will have an impact on how we fight abuse on the internet. M3AAWG has submitted a comment on the proposal (pdf link). All submissions can be found on the FCC website.

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Judge sides with plaintiff, refuses to dismiss wiretapping suit against Google

Judge Koh published her ruling on Google’s motion to dismiss today.
It’s a 43 page ruling, which I’m still digesting. But the short answer is that Google’s motion was denied almost in total. Google’s motion was granted for two of the claims: that email is confidential as defined by the California Invasion of Privacy Act (CIPA, section 632) and dismissal of a claim under Pennsylvania law.

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Experian selling data to identity thieves

If you’re not following or reading Brian Krebs, you should be. He does some of the best investigative reporting in the email, security and internet space. Today’s blog post is a disturbing look into the data selling and identity theft industries. Brian details evidence that shows Experian (yes, that Experian) has been selling consumer data to identity thieves.
 
 

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Yahoo.com on FCC wireless "do not mail" list

Update: As of mid-morning pacific time on 10/7 yahoo.com has been removed from the FCC list.
As part of CAN SPAM the FCC maintains a list of wireless domains that require proof of permission to send mail to. Recently, various email folks noticed that yahoo.com was added to this list.
According to the law, senders have 30 days to meet the permission standards for any recipients at domains on the FCC list. In practical terms what this means is that the FCC and Yahoo have 30 days to fix this error and get yahoo.com off the list. Based on conversations with people who’ve talked to Yahoo and the FCC this is in the process of happening.
This isn’t the first time a non-wireless domain has been added to the FCC list.
As a sender what should you do with your yahoo.com subscribers?
Right now, nothing. There is a 30 day grace period between when a domain goes on the FCC list and when senders need to comply. I have every expectation that this will be removed in less than 30 days.
But what if it’s not?
In that case you will need to segregate out yahoo.com subscribers in 30 days and not mail them until the domain is removed from the FCC list. While I can’t actively suggest ignoring the law, it’s unlikely that the FCC is going to start coming after senders for mailing yahoo.com addresses once the 30 days are up.
More information: Al Iverson’s Spam Resource.

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