SMS spam or "You can send!"

    Good afternoon.

    I chose for a long time in which blog it would be more appropriate to post this text, but, unfortunately, there is no blog “Cryptoanarchy” on the hub So let it be Dura Lex.


    There is such a rather famous photographer and even human rights activist Ilya Varlamov, whose cozy little zyalt I sometimes read. In addition to interesting photographs (both beautiful and for the malice of the day), this comrade is an ideological inspirer, participant and founder of some civic initiatives - (for example, “You can take pictures” - for legal methods of influencing those who prohibit taking pictures, wherever possible), or "A country without stupid things."

    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. It’s not for nothing that you and I scandalized here in LJ. The Ministry of Internal Affairs, telecom operators, Roskomnadzor and Rospotrebnadzor proposed to tighten liability 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 will be interested to read in the comments, and below I will formulate my attitude.

    It’s very unpleasant for me, as the owner of a mobile phone, to receive SMS spam in any form and from any of its generators - from my mobile operator to politicians / shops / pimps, etc. I would even say extremely unpleasant. But I am far from the idea that toughening the punishment for sending it up 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 their sentences of imprisonment - on the contrary, we notice a large percentage of relapses up to 30%. Thus, we can conclude that the penitentiary system of the CIS countries cannot cope with one of the two main tasks. Let me remind you that the first task is to isolate the offender from society (if necessary, that is, it can harm society) and the second is rehabilitation (i.e. psychocorrection and prevention of relapse). Some comrades from the penitentiary department also like to single out the third task - the punitive one (the Old Testament task of restoring social justice :)), now it has been 100% implemented for hundreds of years.

    All this testifies only to the fact that a normal person who finds himself in places not so remote will have health problems, employment problems, and also commit a crime again (yes, he will send SMS spam!).

    About the obligations of mobile operators

    Unfortunately, a deplorable situation has recently been observed with contracts for the provision of services by mobile operators - contracts to a small extent reflect the interests of customers and rarely guarantee quality service. In my opinion, among other guarantees of high-quality communication that are absent in the contract, there should also be a clause that the operator himself must fight spam in his networks and the client is entitled to receive compensation in this case. This could motivate mobile operators to prevent unauthorized mailings in real time by filtering content and using other methods (ask Google Mail or Yandex).

    Given that in the GSM standard it is quite difficult to fake your identifier (the number from which the newsletter is being sent), and there is also 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, then the fight against mailings at the level of a mobile operator does not look so difficult. (If there are people who understand the issue due to professional specifics - I will be glad to hear an opinion in the comments).

    Who sends out

    Usually, hired specialists send SMS spam - from shkololo (aka kiddis scripts), to specialists in the field of information technology and exploitation of their vulnerabilities (phreakers and other hackers). If the first of the listed have some potential for development and, possibly, even talent, then the second are already quite valuable specialists. It seems to me that an administrative / criminal conviction with a huge fine and confiscation of property (in particularly egregious cases) is enough to have a preventive effect.

    Administrative prejudice

    In simple words, this is such a mechanism that allows you to get an administrative punishment for the first time (for example, a fine or so loved by everyone for 15 days), and the next time to get a criminal article for the same thing committed repeatedly during for example, 5 years. It’s a very convenient mechanism that works well for educated people that it reaches the first time. In this case, its use would be very justified.

    Rays of indignation

    Due to all this, I do not quite understand the position of human rights activist Ilya Varlamov, who offers to send infernal punishment to spammers (in the form of punishment related to imprisonment) from aimlessly lived years, a broken psyche, up to lungs and anal retribution for a crime spitted from tuberculosis , the damage from which 10 seconds to check " what is it I rang there? "And 5 minutes of bad mood" oh, damn it, again spam! ".

    There is a good principle that justice should be guided in when deciding on punishment - it is called the “principle of retribution” (the justice of the punishment is revealed as its correspondence to the nature and degree of public danger of the 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 do not and never did send spam, I negatively put this type of activity, as well as other types of crimes in the field of high technology, but due to the specifics of my activity I know firsthand some aspects of work in the field of information security, as well as the penitentiary system .

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