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August 9, 1997

Anti-Spam Crusader Sees Work as Mission

By JERI CLAUSING

WASHINGTON -- Anyone with as many enemies as Sanford Wallace might be expected to have trouble singling out a single biggest foe. But the junk-mail king has no trouble naming his nemesis.

"Ray Everett-Church," Wallace declared without hesitation.


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"Interesting," Everett-Church said when informed of his standing with Wallace. "I would think he's got bigger foes than me. But I'm kind of flattered."

Perhaps Wallace, the president of Cyber Promotions Inc. is most threatened by Everett-Church because he is the one foe who keeps popping up in serious challenges to the business of e-mail spamming.

As a law student under contract with American Online to help answer customers' queries and complaints, Everett-Church first tangled with Wallace when the nascent spam king began harvesting AOL e-mail address and sending unsolicited ads to the online service's customers.

 


Credit: Amy Toensing for CyberTimes

Ray Everett Church in his home.


Wallace has now resolved most of his legal tangles with AOL and other service providers. Injunctions bar him from spamming Concentric and CompuServe customers, and all his mail to AOL must go through a special filtering system that ensures that only people who have requested advertisements get them.

But now Sanford faces a bigger challenge as Congress prepares to take up anti-spam legislation, and once again Everett-Church is the face of the enemy.

As a founding member and volunteer lobbyist for Citizens Against Unsolicited Commercial E-Mail, or CAUCE, Everett-Church persuaded Representative Chris Smith, a New Jersey Republican, to introduce a bill that would extend the ban on unsolicited junk faxes to unsolicited commercial e-mail.


"It's really a ban on a practice that is costly and damaging, and it's an unfair trade practice."

Ray Everett-Church,
Citizens Against Unsolicited Commercial E-Mail


Of three Congressional proposals designed to regulate what is commonly referred to on the Net as spam, Smith's is the only bill that threatens actually to put Wallace out of business.

The foes are well matched. Like Wallace, 29, Everett-Church, 28, got his first computer at age 13. Both are self-taught computer whizzes.

But that's where the similarities end.

Wallace is a self-promoting businessman who dropped out of college to open a restaurant delivery and fax service that was eventually legislated out of business by the junk fax law.

Everett-Church is quietly reflective, a recent law school graduate who sees his anti-spam crusade as a personal mission. Though admitting that he wouldn't mind if the battle against junk e-mail helped land him a full-time job down the road, he argues that his quest is crucial to the future of Internet commerce.

"I really do believe it will continue to harm what is this incredible medium of communication and business and personal use and recreation," Everett-Church says of spam. "There are some folks who would say that being anti-junk mail is anti-commerce. I make my living doing online commercial

 


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activities, but there is a difference between being involved in an online commercial activity and using the resources of others against their will and to the detriment of them and everyone else."

Everett-Church grew up in Nashville, where he says he bought his first computer with money he earned mowing lawns.

"My customers were the only people in Nashville, I think, that had their lawn mower sending computerized invoices," he says.

Though he continued to play with and learn the latest computer technology, he earned his undergraduate degree in international relations from George Mason University in 1992. He dabbled in politics, working on the Presidential primary campaigns of Al Gore and Michael Dukakis, and he recently graduated from the National Law Center at George Washington University.

While in law school, he used his self-taught computer skills as a contractor for America Online, helping customers with technical problems and complaints.

That's where he first tangled with Wallace.

When Wallace started spamming AOL customers, Everett-Church said, he drew up a form letter explaining to the complaining account holders that AOL was working to eliminate the unsolicited messages but that they had not yet resolved the all the technical and legal questions.

Wallace, he said, got hold of one of the letters and picked it apart line by line, then spammed it. Shortly after that, AOL sued Wallace.

Everett-Church emphasizes that his battles with Wallace now are unrelated to his work for AOL.

"I don't speak for America Online on any level for any of these things," Everett-Church said. "And professionally and personally, I have some real concerns about the approach that America Online is taking."

AOL, he noted, favors a competing anti-spam bill pending in Congress.

In addition to the Smith bill in the House, there are two junk e-mail bills pending in the Senate. One by Senator Frank Murkowski, Republican of Alaska, would require that all commercial e-mail be labeled "advertisement," making it easier for computer users and Internet service providers to filter out the messages. It would also require that the sender correctly and clearly identify himself so that people could easily find and contact the source of the e-mail.

America Online is supporting yet another anti-spam bill, by Senator Robert Torricelli, Democrat of New Jersey, which would apply to all mass mailings, not just commercial messages. It, too, would require that the sender clearly identify himself and honor removal requests, but it has no labeling requirements. It would establish a consortium of industry representatives to regulate spam, and would make it illegal for spammers to "harvest" mailing lists from online services like America Online and CompuServe.


All three bills would require commercial e-mailers to remove people's names from their lists on request, but only Smith's bill would prohibit companies from sending the mail at all -- which Everett-Church insists is the only way to protect both computer users and the companies whose systems transmit the mail.

The bill is not popular among cyber-libertarians. While stopping short of endorsing Wallace's business practices, many Internet free speech advocates express concern that Everett-Church's proposal would set an unnecessary precedent of regulating the Internet in its fragile infancy.

"Any legislative initiatives currently being proposed are premature," said Brian O'Shaughnessy, director of public policy and media relations for Interactive Services Association, a trade group for new-media interests.


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O'Shaughnessy says that his group is urging the different parties to do what the Federal Trade Commission requested in June: work together to establish rules to govern themselves.

Everett-Church says he would gladly work with Wallace and the other interested parties, but only after the Smith bill is passed.

"I don't see this as a censorship ban because it is just one segment of commercial activity," Everett-Church said. "One little part of a little part is not the Communications Decency Act. It's really a ban on a practice that is costly and damaging, and it's an unfair trade practice."

As a founding member of CAUCE, which is made up of about a dozen Net activists and system administrators, Everett-Church says he is just trying to protect the integrity of the Internet.

"The Internet is a bit of private playground for some," he said. "It's not that we're trying to hoard this playground. It's that we realize the utility of it. And when you abuse it, the utility diminishes." 


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