SMS spam or "You can send!"
Good day.
For a long time I chose which blog it would be more correct to place this text, but unfortunately there is no “Cryptanarchy” blog on Habré. So let it be Dura Lex.
There is such a fairly well-known photographer and even human rights activist Ilya Varlamov, whose cozy blog (zyalt) I sometimes read. In addition to interesting photos (both beautiful and on the topic of the day), this comrade is the ideological inspirer, participant and founder of some civil initiatives - (for example, “You can take pictures” - for legal methods of influencing those who forbid taking photos, wherever possible) or "A country without nonsense."
')
That is why he was surprised by the post of Varlamov, in which he spoke positively about the proposal to plant SMS spammers for up to 5 years
What do you think about this, I would be interested to read in the comments, and below I will formulate my attitude.
As the owner of a mobile phone, it is very unpleasant for me to receive SMS spam in any of its forms and from any of its generators - starting with my mobile operator and ending with politicians / shops / pimps, etc. I would even say extremely unpleasant. But I am far from the idea that toughening the punishment for sending him down to imprisonment for years is a panacea. And that's why:
The fact is that in the CIS countries, the rate of rehabilitation and correction is extremely low among people who have served a sentence of imprisonment - on the contrary, we notice a large percentage of relapses up to 30%. Thus, it can be concluded that one of the two main tasks of the penitentiary system of the CIS countries can not cope. Let me remind you that the first task is to isolate the offender from society (if there is a need for it, that is, he can harm society) and the second is rehabilitation (ie, psychocorrection and relapse prevention). Some comrades from the Department of Corrections also like to single out the third task - the punitive (Old Testament task of restoring social justice :)), now it has been 100% implemented for hundreds of years.
All this testifies only that a normal person who has fallen into places not so distant will have problems with health, employment, and also re-commit a crime (yes, send spam SMS!).
Unfortunately, recently there has been a deplorable situation with contracts for the provision of services by mobile operators - contracts to a small extent reflect the interests of customers and rarely guarantee quality services. In my opinion, among other guarantees of quality communication that are not in the contract, there should also be a clause stating that the operator itself should deal with spam in its networks and the client has the right to receive compensation in this case. This could motivate mobile operators to ensure, in real time, by filtering content and using other methods (ask Google Mail or Yandex) to prevent unauthorized mailings on their own.
If we take into account that in the GSM standard it is quite difficult to fake your identifier (the number from which it is being sent), and also there is equipment for recording, storing and analyzing the texts of all SMS messages (including voice messages), as well as geo-location data within the program SORM and similar, the fight against mailings at the level of the cellular operator does not look so difficult. (If there are people who understand the question due to professional specificity - I will be glad to hear the opinion in the comments).
Typically, SMS spam is sent by hired specialists - from shkololo (they are also script-kiddies) to specialists in the field of information technology and the exploitation of their vulnerabilities (phreakers and other hackers). If the first of these have some potential for development and, perhaps, even talent, the latter are already quite valuable specialists. It seems to me that an administrative / criminal conviction with a huge fine and confiscation of property (in particularly flagrant cases) is quite enough to have a preventive effect.
In simple words, this is a mechanism that allows you to violate the law, say, for the first time get an administrative penalty (a fine or so beloved by everyone for 15 days), and next time get a criminal article for the same thing that was committed again during for example, 5 years. A very convenient mechanism that works well on educated people, who come to it from the first time. In this case, its use would be very justified.
Because of all this, I do not quite understand the position of human rights activist Ilya Varlamov, who proposes to send an infernal punishment on spammers (in the form of punishment related to imprisonment) from years spent aimlessly, broken psyche, up to spits of pulmonary tuberculosis and anal retribution for a crime , the damage from which 10 seconds to check " what was it that rang there for me?" "And 5 minutes of bad mood" oh, damn, again spam! ".
There is a good principle that should guide justice when deciding on punishment - it is called the “principle of punishment” (justice of punishment is revealed as its correspondence to the nature and degree of public danger of a crime, the circumstances of its commission and the identity of the perpetrator). Maybe it's time to stop demanding the burning of computer shamans in the squares? :) What do you think?
I am not engaged in and never engaged in spamming, I am negatively putting this type of activity, as well as other types of high-tech crime, but due to the nature of my activity I am not hearsay about some aspects of work in the field of information security and the penitentiary system .
For a long time I chose which blog it would be more correct to place this text, but unfortunately there is no “Cryptanarchy” blog on Habré. So let it be Dura Lex.
Introduction
There is such a fairly well-known photographer and even human rights activist Ilya Varlamov, whose cozy blog (zyalt) I sometimes read. In addition to interesting photos (both beautiful and on the topic of the day), this comrade is the ideological inspirer, participant and founder of some civil initiatives - (for example, “You can take pictures” - for legal methods of influencing those who forbid taking photos, wherever possible) or "A country without nonsense."
')
That is why he was surprised by the post of Varlamov, in which he spoke positively about the proposal to plant SMS spammers for up to 5 years
"Good news. No wonder we scandals here in LJ. The Ministry of Internal Affairs, telecom operators, Roskomnadzor and Rospotrebnadzor proposed to toughen the responsibility for SMS spam, translating it into moderate crimes with a real term of up to five years in prison. ”
What do you think about this, I would be interested to read in the comments, and below I will formulate my attitude.
As the owner of a mobile phone, it is very unpleasant for me to receive SMS spam in any of its forms and from any of its generators - starting with my mobile operator and ending with politicians / shops / pimps, etc. I would even say extremely unpleasant. But I am far from the idea that toughening the punishment for sending him down to imprisonment for years is a panacea. And that's why:
About the correctional system
The fact is that in the CIS countries, the rate of rehabilitation and correction is extremely low among people who have served a sentence of imprisonment - on the contrary, we notice a large percentage of relapses up to 30%. Thus, it can be concluded that one of the two main tasks of the penitentiary system of the CIS countries can not cope. Let me remind you that the first task is to isolate the offender from society (if there is a need for it, that is, he can harm society) and the second is rehabilitation (ie, psychocorrection and relapse prevention). Some comrades from the Department of Corrections also like to single out the third task - the punitive (Old Testament task of restoring social justice :)), now it has been 100% implemented for hundreds of years.
All this testifies only that a normal person who has fallen into places not so distant will have problems with health, employment, and also re-commit a crime (yes, send spam SMS!).
On the obligations of mobile operators
Unfortunately, recently there has been a deplorable situation with contracts for the provision of services by mobile operators - contracts to a small extent reflect the interests of customers and rarely guarantee quality services. In my opinion, among other guarantees of quality communication that are not in the contract, there should also be a clause stating that the operator itself should deal with spam in its networks and the client has the right to receive compensation in this case. This could motivate mobile operators to ensure, in real time, by filtering content and using other methods (ask Google Mail or Yandex) to prevent unauthorized mailings on their own.
If we take into account that in the GSM standard it is quite difficult to fake your identifier (the number from which it is being sent), and also there is equipment for recording, storing and analyzing the texts of all SMS messages (including voice messages), as well as geo-location data within the program SORM and similar, the fight against mailings at the level of the cellular operator does not look so difficult. (If there are people who understand the question due to professional specificity - I will be glad to hear the opinion in the comments).
Who sends
Typically, SMS spam is sent by hired specialists - from shkololo (they are also script-kiddies) to specialists in the field of information technology and the exploitation of their vulnerabilities (phreakers and other hackers). If the first of these have some potential for development and, perhaps, even talent, the latter are already quite valuable specialists. It seems to me that an administrative / criminal conviction with a huge fine and confiscation of property (in particularly flagrant cases) is quite enough to have a preventive effect.
Administrative prejudice
In simple words, this is a mechanism that allows you to violate the law, say, for the first time get an administrative penalty (a fine or so beloved by everyone for 15 days), and next time get a criminal article for the same thing that was committed again during for example, 5 years. A very convenient mechanism that works well on educated people, who come to it from the first time. In this case, its use would be very justified.
Rays of resentment
Because of all this, I do not quite understand the position of human rights activist Ilya Varlamov, who proposes to send an infernal punishment on spammers (in the form of punishment related to imprisonment) from years spent aimlessly, broken psyche, up to spits of pulmonary tuberculosis and anal retribution for a crime , the damage from which 10 seconds to check " what was it that rang there for me?" "And 5 minutes of bad mood" oh, damn, again spam! ".
There is a good principle that should guide justice when deciding on punishment - it is called the “principle of punishment” (justice of punishment is revealed as its correspondence to the nature and degree of public danger of a crime, the circumstances of its commission and the identity of the perpetrator). Maybe it's time to stop demanding the burning of computer shamans in the squares? :) What do you think?
Disclaimer
I am not engaged in and never engaged in spamming, I am negatively putting this type of activity, as well as other types of high-tech crime, but due to the nature of my activity I am not hearsay about some aspects of work in the field of information security and the penitentiary system .
Source: https://habr.com/ru/post/284714/
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