Date: Mon, 11 Mar 2002 12:37:13 +1030 From: Greg Lehey <grog@FreeBSD.org> To: "Gary W. Swearingen" <swear@blarg.net> Cc: Brett Glass <brett@lariat.org>, chat@FreeBSD.ORG Subject: Fraud (was: Rejecting spam, accepting valid mail (was: Mail blocked)) Message-ID: <20020311123713.H36158@wantadilla.lemis.com> In-Reply-To: <d1lmd1dwzm.md1@localhost.localdomain> References: <4.3.2.7.2.20020307094130.01f59240@nospam.lariat.org> <4.3.2.7.2.20020306234510.01ee0180@nospam.lariat.org> <4.3.2.7.2.20020306234510.01ee0180@nospam.lariat.org> <4.3.2.7.2.20020307094130.01f59240@nospam.lariat.org> <3cg03ccef4.03c@localhost.localdomain> <4.3.2.7.2.20020307221616.00cb9980@nospam.lariat.org> <20020308190102.B679@sydney.worldwide.lemis.com> <d1lmd1dwzm.md1@localhost.localdomain>
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[-- Attachment #1 --]
On Saturday, 9 March 2002 at 17:37:01 -0800, Gary W. Swearingen wrote:
> Greg Lehey <grog@FreeBSD.ORG> writes:
>
>> I use a number of techniques to reject spam. It's fairly clear that
>> an invalid server name can be construed in a number of ways:
>>
>> 1. An attempt to defraud:
>>
>> In: EHLO localhost.localdomain
>> Out: 250-wantadilla.lemis.com
>> Out: 250-PIPELINING
>> Out: 250-SIZE 10240000
>> Out: 250-ETRN
>> Out: 250 8BITMIME
>> In: MAIL From:<grados_julio@hotmail.com> SIZE=1790
>> Out: 250 Ok
>> In: RCPT To:<yvonne@lemis.com>
>> Out: 450 Client host rejected: cannot find your hostname, [211.23.186.108]
>>
>> This one is clearly spam.
>
> If "clearly" means "very likely", then yes. Few would blame you for
> not worrying about the other, more unlikely cases.
>
> I assume that the above is not a personal accusation, but allow me
> to warn about the easily misused word "defraud", given that libel
> juries can more accurately judge the inference than the implication.
>
> defraud, tr.v., To take from or deprive of by fraud; to swindle.
Well, that's one of many definitions, and it's incomplete, since it
doesn't define what fraud is. The Oxford English Dictionary lists a
total of 5 meanings of the word "defraud", one of which is:
1. c. absol. To act with or employ fraud.
It finds ten meanings for the word "fraud", including:
3. a. An act or instance of deception, an artifice by which the
right or interest of another is injured, a dishonest trick or
stratagem.
I think this is pretty much what this kind of spammer does.
I'm attaching the complete entries for your amusement. Sorry about
the emetic format. It's clear to me at any rate that any legal
interpretation by a US court is pretty irrelevant.
Greg
--
See complete headers for address and phone numbers
[-- Attachment #2 --]
Entry printed from Oxford English Dictionary
(c) Oxford University Press 1999
fraud, n.
(frO;d) Forms: 4_6 fraude, frawd(e, 4_ fraud. [a. OF.
fraude, ad. L. fraude-m (fraus) deceit, injury.]
1. The quality or disposition of being deceitful;
faithlessness, insincerity. Now rare.
?a1400 Morte Arth. 3919 Alle for falsede, and frawde.
c1430 Lydg. Min. Poems 162 Fle doubilnesse, fraud, and
collusioun. 1508 Dunbar Twa mariit wemen 255, I semyt
sober, and sueit, et sempill without fraud. 1599 Shakes.
Much Ado ii. iii. 74 The fraud of men was euer so. 1672
Marvell Corr. Wks. 1872_5 II. 408, I do not believe there
is any fraud in him. 1718 Hickes & Nelson J. Kettlewell
ii. xxvi. 128 A Person of Simplicity without Fraud. 1827
Macaulay Machiav. Ess. (1854) 36 Vices+which are the
natural defence of weakness, fraud and hypocrisy.
personified. 1606 Dekker Sev. Sinnes ii. (Arb.) 21
Frawd (with two faces) is his Daughter. 1790 Burke Fr.
Rev. Wks. V. 88 The discredited paper securities of
impoverished fraud, and beggared rapine.
2. a. Criminal deception; the using of false
representations to obtain an unjust advantage or to
injure the rights or interests of another.
c1330 R. Brunne Chron. (1810) 128 In alle manere cause
he sought te right in skille, To gile no to fraude wild
he neuer tille. 1382 Wyclif Mark x. 19 Do no fraude,
worschipe thi fadir and modir. 1570 B. Googe Pop. Kingd.
i. (1880) 7 But safely keepes that he hath long, with
frawde and lying got. 1667 Milton P.L. i. 646 To work in
close design, by fraud or guile, What force effected not.
1726_7 Swift Gulliver i. vi. 67 They look upon fraud as a
greater crime than theft. 1829 Lytton Devereux iii. iii,
Fraud has been practised.
b. in Law. in fraud of, to the fraud of: so as to
defraud; also, to the detriment or hindrance of.
[1278 Stat. Glouc. 6 Edw. I, c. 11 Ou par collusiun ou
par fraude pur fere le termer perdre sun terme. 1292
Britton i. ii. S11 Ne nule manere de fraude.] 1590
Swinburne Testaments 151 The condition is reiected, as
being made in fraude of mariage. 1596 Spenser State
Irel. Wks. (Globe) 622/2 The same Statutes+are
often+wrested to the fraud of the subject. 1845 Stephen
Comm. Laws Eng. (1874) II. 268 And shall not have
deposited or invested in fraud of his creditors. 1848
Wharton Law Lex., Fraud, all deceitful practices in
defrauding or endeavouring to defraud another of his
known right, by means of some artful device, contrary to
the plain rule of common honesty.
3. a. An act or instance of deception, an artifice by
which the right or interest of another is injured, a
dishonest trick or stratagem.
c1374 Chaucer Boeth. i. pr. iv. 9 (Camb. MS.) The
iustice Regal hadde whilom demed hem bothe to gon into
exil for hir trecheryes and fraudes. c1440 York Myst.
xxxiii. 131 If _e feyne slike frawdis. 1526 Pilgr. Perf.
(W. de W. 1531) 10b, Moo than a thousande wayes he hath
by his craftly fraudes to deceyue man. 1691 Hartcliffe
Virtues 317 The Pharisees+made great shews of Piety, to
cover their Frauds and Rapines. 1751 Johnson Rambler No.
126 34 Declaiming against the frauds of any employment.
1836 J. Gilbert Chr. Atonem. iii. (1852) 72 The fraud of
imputing guilt to a known innocent being. 1852 C. M.
Yonge Cameos II. xxix. 312 Most of the Dauphin's
followers gloried in their successful fraud and murder.
b. in Law. statute of frauds: the statute 29 Chas. II,
c. 3, by which written memoranda were in many cases
required to give validity to a contract.
1678 Act 29 Chas. II, c. 3 title, An Act for
Prevention of Frauds and Perjuries. 1765 Blackstone
Comm. i. 362 The frauds, naturally consequent upon this
provision+produced [etc.]. 1827 Jarman Powell's Devises
II. 29 Which prevents the statute of Frauds from being a
bar. 1858 Ld. St. Leonards Handy-bk. Prop. Law vii. 38
An instance of what is deemed a sufficient fraud to
enable equity to relieve.
c. pious fraud: a deception practised for the
furtherance of what is considered a good object; esp. for
the advancement of religion.
[1563_87 Foxe A. & M. (1684) III. 898 Their accustomed
lies, which they term Fraudes pieuses, pious beguilings.]
1678 Cudworth Intell. Syst. 319 There is too much cause
to suspect that there have been some Pious Frauds
practised upon these Trismegistick Writings. 1712
Addison Spect. No. 419 35 Pious Frauds were made use of
to amuse Man~kind. 1855 Milman Lat. Chr. (1864) II. iii.
vii. 143 The pious fraud of a nurse who had substituted
her own child for the youngest of the Emperor.
transf. 1868 Lowell Willows xxi, May is a pious fraud
of the almanac, A ghastly parody of real Spring.
4. a. A method or means of defrauding or deceiving; a
fraudulent contrivance; in mod. colloq. use, a spurious
or deceptive thing.
1658 Sir T. Browne Hydriot. 35 They had an happy fraud
against excessive lamentation, by a common opinion that
deep sorrows disturbed their ghosts. 1697 Dryden Virg.
Georg. iv. 575 Surprize him first, and with hard Fetters
bind; Then all his Frauds will vanish into Wind. 1725
Pope Odyss. iv. 597 New from the corse, the scaly frauds
diffuse Unsavoury stench of oil. 1782 Cowper Progr. Err.
17 Not all+Can+Discern the fraud beneath the specious
lure. 1880 McCarthy Own Times III. 5 Many persons
persisted in believing that his supposed suicide was but
another fraud. 1890 L. B. Walford Mischief of Monica i,
The whole place is a fraud+we can't live in a villa.
b. colloq. of a person: One who is not what he appears
to be; an impostor, a humbug; spec. U.S. (see quot.
1895).
1850 Dickens Reprinted Pieces (1866) 120 The begging-
letter writer is one of the most shameless frauds and
impositions of this time. 1885 F. B. Van Voorst Without
a Compass 12, I had called him an old fraud. 1895
Standard Dict., Fraud+specifically+a person, firm, or
corporation declared by the Postmaster-general+to be
engaged in obtaining money by means of false or
fraudulent pretenses, [etc.]+and therefore debarred from
obtaining payment of money-orders or the delivery of
registered letters.
_5. By Milton used in passive sense (as L. fraus):
State of being defrauded or deluded.
1667 Milton P.L. ix. 643 So glister'd the dire Snake,
and into fraud Led Eve. 1671 I P.R. i. 373 To all his
Angels he proposed To draw the proud king Ahab into
fraud, That he might fall in Ramoth.
6. Comb., as fraud squad; _fraud-doing vbl. n.;
_fraud-wanting adj.; fraud order U.S., an official order
prohibiting the delivery of letters to a firm or
individual suspected of making illegal use of the postal
service.
1382 Wyclif Dan. xi. 21 He+shal weelde the rewme in
*fraude doynge.
1905 Calkins & Holden Art Mod. Advertising 258 It is
often impossible to prosecute the advertisers, and the
most the post-office department can do is to issue what
is known as a *fraud order. Such an order peremptorily
and without redress stops the mail of the advertiser.
1931 C. Kelly U.S. Postal Policy 150 Under a `fraud
order' all mail directed to such persons or company is
stamped `Fraudulent' on the outside and returned to the
sender.
1967 Economist 7 Jan. 49/2 There is also the *Fraud
Squad, of gallant lay policemen undertaking
(astonishingly well under the circumstances) inquiries
that need the most sophisticated legal and financial
expertise. 1971 Times 27 Sept. 3/3 Post Office
investigators and members of Scotland Yard's Fraud Squad
are searching for a gang of expert forgers.
1600 Nashe Summer's Last Will F4 *Fraud-wanting
honestie.
[-- Attachment #3 --]
Entry printed from Oxford English Dictionary
cOxford University Press 1999
defraud, v.
(dI"frO;d) [a. OF. defrauder (des-, def-, dif-), 14th c.
in Godef., ad. L. dUfraudQre, f. de- I. 3 + fraudQre to
cheat, f. fraus, fraud-em, deceit, fraud.]
1. To deprive (a person) by fraud of what is his by
right, either by fraudulently taking or by dishonestly
withholding it from him; to cheat, cozen, beguile. Const.
of (_from).
1362 Langl. P. Pl. A. viii. 71 He tat begget+bote he
habbe neode+defraudet te neodi. 14+ Epiph. in Tundale's
Vis. (1843) 104 They+thanked God with all her hartis
furst Whech hathe not defrawded hem of her lust. 1474
Caxton Chesse 98 To defraude the begiler is no fraude.
1555 Eden Decades 39 He had+defrauded the kynge of his
portion. 1634 Sir T. Herbert Trav. 46 This poore Citie,
was defrauded of her hopes. Ibid. 217, I will a little
defraude the Reader from concluding with a few lines
touching the first Discoverer. 1752 Johnson Rambler No.
199 37 To defraud any man of his due praise is unworthy
of a philosopher. 1838 Emerson Addr. Camb., Mass. Wks.
(Bohn) II. 198 Whenever the pulpit is usurped by a
formalist, then is the worshipper defrauded. 1880 E.
Kirke Garfield 39 We who defraud four million citizens of
their rights.
_b. with direct and indirect object. Obs.
1382 Wyclif Luke xix. 8 If I haue ony thing defraudid
ony man I _elde the fourefold. 1600 Holland Livy iv.
xii. 148 Defrauding servants a portion of their daily
food. 1670 Milton Hist. Brit. vi. Harold,
Harold+defrauded his soldiers their due+share of the
spoils.
c. absol. To act with or employ fraud.
1382 Wyclif 1 Cor. vi. 8 _e don wrong and defrauden
[1388 doen fraude] or bigilen and that to britheren.
1611 Bible Mark x. 19 Doe not beare false witnesse,
Defraud not. 1875 Jowett Plato (ed. 2) III. 102 If he is
the trustee of an orphan, and has the power to defraud.
2. fig. To deprive or cheat (a thing) of what is due
to it; to withhold fraudulently. arch. or Obs.
1497 Bp. Alcock Mons Perfect. Dj/3 They selle Cryst &
defraudeth theyr relygyon. 1559 Bp. Cox in Strype Ann.
Ref. I. vi. 98 They defrauded the payment of tithes and
firstfruits. 1660 Boyle Seraph. Love 26 Where a direct
and immediate expression of love to God defrauds not any
other Duty. 1764 Goldsm. Trav. 277 Here beggar pride
defrauds her daily cheer, To boast one splendid banquet
once a year. a1805 Paley (in Webster 1828), By the
duties deserted+by the claims defrauded.
Hence de"frauding vbl. n.
1548 Udall, etc. Erasm. Par. 1 Cor. vii. (R.), To
denye this right yf eyther of bothe aske it, is a
defraudyng. 1651 Hobbes Leviath. ii. xxvii. 160 The
robbing, or defrauding of a Private man. 1659 Gauden
Tears of Ch. 235 Few do pay them without delayings,
defalkings, and defraudings.
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