1 OFFICIAL TRANSCRIPT PROCEEDING FEDERAL TRADE COMMISSION MATTER NO. P024407 TITLE SPAM PROJECT PLACE FEDERAL TRADE COMMISSION 600 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D.C. 20580 DATE MAY 2, 2003 PAGES 1 THROUGH 343 FTC SPAM FORUM -- DAY THREE SECOND VERSION FOR THE RECORD, INC. 603 POST OFFICE ROAD, SUITE 309 WALDORF, MARYLAND 20602 (301)870-8025 1 FEDERAL TRADE COMMISSION 2 I N D E X For The Record, Inc. Waldorf, Maryland (301)870-8025 2 1 2 Potential Solutions to Spam Page 2 3 International Perspectives Page 107 4 Technological Solutions to Spam/ 5 Structural Changes to E-Mail Page 239 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P R O C E E D I N G S 25 - - - - - For The Record, Inc. Waldorf, Maryland (301)870-8025 3 1 MS. HARRINGTON: Well, this is the day we've 2 all been waiting for when we figure it all out and then 3 go home for the weekend. Before I introduce Commissioner 4 Swindle, I want, once again, to recognize and thank the 5 people who work at the Federal Trade Commission who have 6 done such a magnificent job in every respect putting this 7 program together. 8 The ring leaders are Brian Huseman and Sheryl 9 Novick and Renard Francois; Jennifer Bernan from our 10 Western Region has worked on this; we have a former staff 11 member who was key, Lisa Tobin, with us; the lawyers whom 12 I have the great good fortune of working with every day, 13 Dan Salsburg, Eric Wenger, Steve Cohen -- who am I 14 forgetting? Mark Groman, who is up later today and has 15 been up. Just wonderful colleagues, and they have spent 16 -- Steve Wernikoff, from our Midwest Office, Lisa Hone -- 17 they have spent months reading up about you, and trying 18 to assemble the richest and most varied panels to really 19 develop a deep and broad record. And I just want to 20 thank and recognize them. 21 (Applause.) 22 MS. HARRINGTON: And many other staffers at the 23 FTC. We have our security people and our technology 24 people and our press people and our business education 25 people -- everybody has worked as a team. For The Record, Inc. Waldorf, Maryland (301)870-8025 4 1 So, you know, it's a great place to work and a 2 great honor to work with all of these good people. And I 3 wanted to just take a minute to recognize them. 4 Now, some of the other good people who we get 5 to work with are Commissioners at the FTC, and you've 6 heard from our Chairman and from Commissioner Thompson on 7 the first two days. This morning we'll be hearing from 8 Commission Orson Swindle, who has played a key role 9 inside the agency in putting Spam front and center on our 10 agenda. 11 Commissioner Swindle is one of the most amazing 12 people I've ever met. Yesterday, he demonstrated, once 13 again, the diversity of his expertise by playing 14 Sergeant at Arms and subduing a little brawl that almost 15 erupted here. So, we appreciate that. He is a retired 16 Marine and he is a real -- he is such a clear voice for 17 doing the right thing, and I think you'll find that in 18 his remarks this morning. 19 So, Commissioner Swindle, thank you for being 20 here and we look forward to hearing from you. 21 (Applause.) 22 COMMISSIONER SWINDLE: Thank you. It's nice to 23 see everyone and thank you all for coming. The event 24 yesterday, I came in late for the second session of the 25 morning, and I missed some of the early verbal For The Record, Inc. Waldorf, Maryland (301)870-8025 5 1 confrontation and I was sitting right here and when lunch 2 broke and being hungry, I was the first to leap up and 3 start running for the door and I was caught in between 4 two gentlemen -- 5 (Group laughter.) 6 COMMISSIONER SWINDLE: -- Of somewhat smaller 7 statue than myself, one slightly larger than the other. 8 And what I didn't know was in the earlier conversations 9 apparently these guys -- and I won't mention names and 10 you can all pick them out if they're in the audience -- 11 but they were nice when they calmed down, but they were 12 rushing to confront each other and I just happened to 13 walk in the middle of them, between them, you know. And 14 they both bumped up against me and they started jabbing 15 at each other, and one saying, he assaulted me, and I 16 said, take a deep breath. I said, if you want to see 17 assault, I can give you some real good lessons in it -- 18 (Group laughter.) 19 COMMISSIONER SWINDLE: -- but this is not 20 assault. So, anyway, the third day, I'm amazed this many 21 are still alive, you know, given the tenor of some of the 22 conversations yesterday. It's been fascinating. I've 23 been trying to spend a little time over here and then we 24 have this magnificent thing that -- can I mention a brand 25 name? CISCO hooks us up and we can watch the proceedings For The Record, Inc. Waldorf, Maryland (301)870-8025 6 1 here live and distract me from everything else I've done, 2 but it's been entertaining and, obviously, informative 3 and I'd like to spend just a few minutes here. 4 We've talked a lot about complexities the last 5 couple of days. In fact, my head's been swimming because 6 there's so much complexity in all this. And I confess, 7 very quickly, to not really understanding much of what's 8 been said, but that's your job. My job is to try and 9 inspire, and perhaps I can do that with such common-sense 10 approaches. 11 Last summer I was engaged in reading a book 12 entitled Tuxedo Park. How many of you have read it, by 13 chance? We're got a lot of techies in here and surely 14 you've read this book. One person? No people? My 15 goodness. I would recommend you read it. It's 16 fascinating reading. It's an account of some behind-the- 17 scenes activities that took place in the early days -- 18 actually, the European early days -- of World War II. It 19 started about September of 1940 and it involved -- this 20 is true -- it involves two very wealthy financiers in the 21 United States who were scientifically oriented and they 22 were concerned that America was not ready for World War 23 II. 24 In technology we were way behind. If you 25 recall, those of you who are old enough -- I think I may For The Record, Inc. Waldorf, Maryland (301)870-8025 7 1 be the only one in the room old enough -- but you've 2 certainly read the British were in dire straits because 3 they were being overwhelmed at sea; the submarine packs 4 of the Germans were sinking shipping and shipping was 5 their lifeline; and we were on the verge of having Europe 6 lose the war in 1940. 7 And, so, we've got to do something. And the 8 British had developed a magnificent device called a 9 magneton (phonetic). If I remember correctly, this is 10 way over my head, too. By the way, is Pete Wellborne in 11 here. 12 MR. WELLBORNE: Yes. 13 COMMISSIONER SWINDLE: Where are you, Pete? 14 Are you a Georgia Tech graduate? 15 MR. WELLBORNE: Yeah, I'm a Georgia Tech 16 graduate. 17 COMMISSIONER SWINDLE: I was told to look you 18 up. Now, I'm going to make a confession here, I am, too. 19 I am not an engineer, so I have no idea what a magneton 20 is. But, anyway, in reading this book, it was the guts 21 of what would be radar and the British were well ahead of 22 us and it was not an original idea, but they were well 23 ahead of us and these financiers gathered together some 24 incredible renowned scientists around the world. 25 The Europeans had come over fleeing Germany; For The Record, Inc. Waldorf, Maryland (301)870-8025 8 1 Einstein and others; Lawrence of Lawrence-Livermore Labs; 2 just some brilliant people. And they got them in a room 3 at Tuxedo Park, which was the estate of Albert Loomis, 4 and they said, we've got to solve some problems and we've 5 got to solve them fast. 6 And they got to work and their collective 7 efforts led to the rapid development, sometimes in weeks 8 -- and certainly within months -- of radar, air-to-air, 9 air-to-surface, and early warning types of radar. The 10 air-to-surface radar was extremely critical because it 11 enabled planes to find submarines with their antennas 12 stuck up and they were able to start sinking submarines, 13 which kept the fleet from being sunk that was supplying 14 Europe. 15 They were very much involved in fire-control 16 systems for weapons, in building Oak Ridge, and, 17 ultimately, the atomic bomb. They solved incredibly 18 difficult problems in remarkably short periods of time.