We’ve had quite a few webspammers come here and say that webspamming is legal, so quit calling us spammers. They’re afraid of the stigma of being called spammers. And because they say it’s legal, they feel we as spam hunters should leave them alone.
So, let’s examine exactly how legal webspamming is.
1) There are no laws against webspamming per se. IE, there are no laws where webspamming has been defined as illegal.
2) There are plenty of laws against mail spamming. In some countries those laws define e-mail spam to the exclusion of other types of electronic advertizing. Which means those laws narrowly do not cover webspam. Correct me if I’m wrong on this.
3) Some countries have laws that cover e-mail spam, but does not define that law as only covering e-mail spam. The law covers advertizing, sometimes electronic advertizing. Those laws probably sometimes do cover webspam. It depends on the language of that law, and the lawyers would probably haggle over some finer points. It’s a question of case law, and so far there is no case law.
4) Spamming is by definition unwanted commercial bulk messages. Any webspam that involves putting messages or profiles on other people’s property (ie websites), falls under that definition. And by engaging in that activity, a webspammer is a spammer. Whether or not it’s illegal per se isn’t really relevant. Mail spamming isn’t illegal in every single country across the globe. Those who send mail spam are still spammers. In other words, it’s quite acceptable to call a webspammer - a spammer. It’s not libel.
5) While webspamming, there are other issues that crop up, that could be illegal by themselves, or at the very least, cause for civil lawsuits. In no particular order:
*Denial of service attacks. Many servers have been brought down by spambots hammering sites with spam comments or trackbacks. Websites have been disabled or thrown out by hosting companies for that reason.
*Trashing websites. Guestbooks are regularly trashed by spam, and so are other types of sites withe built in interactivity. Some spambots may potentially mess the site up in other ways too. There’s a potential for a civil suit there.
*Some topics commonly spammed are illegal in some places. Like bestiality in the US, for instance.
*Hacking into other people’s servers in order to run proxies, spambots and placing spammy pages and scripts
*Using proxies that were never meant to be proxies
*Using compromised windows computers - zombies/botnets
Please help me add to this list.