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Story URL: http://www.silicon.com/research/specialreports/thespamreport/0,39025001,39124646,00.htm

Florida and Texas hit with anti-spam backlash
Time for change in the laws... or the White House... or preferably both, says anti-spam industry...

By Will Sturgeon

Published: Monday 04 October 2004

It's long been known that spammers are holed up in Boca Raton, Florida, living well on the proceeds of unsolicited email, but it's not just the climate that draws them there.

Now, with votes up for grabs and the opportunity for change in the White House, the anti-spam industry is calling upon the US government to close a loophole in bankruptcy laws which actually makes Florida a haven for spammers - with one leading expert pointing the finger of blame at the Bush family.

Mark Sunner, CTO of MessageLabs, said: "Florida and Texas are the only two US states where bankruptcy laws treat the company or the individual so favourably."

"The laws in Florida actually favour the spammer," added Sunner. He told silicon.com that spammers base themselves there because in their worst case scenario - getting caught and being put out of business by hefty penalties - they will be able to keep possession of assets "bought with their ill-gotten gains" such as cars and houses.

Steve Linford from Spamhaus, told silicon.com: "We believe most certainly that these laws should be changed."

"The vast majority of the world's spammers are based in Florida and many have actually moved there to take advantage of these laws."

Linford expressed surprise that this issue hasn't become something of a political football kicked about in the melee of the forthcoming Presidential election.

The strong ties of the Bush family to the two controversial states - President George W Bush was former Governor of Texas, his brother Jeb holds the same post in Florida - makes it even more surprising the issue hasn't been used as stick with which to beat the current White House incumbent, particularly given the prominence of spam on the legislative agenda in recent times.

Linford pointed towards the ease with which the flawed and misunderstood "Can Spam" Act was passed and said: "The moment Bush goes America would get better anti-spam laws."

"Bush has no interest in the internet," added Linford.