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| Brian Dunning |
Famous Internet skeptic, or alleged skeptic, or pseudoskeptic, Brian Dunning, is now officially guilty of federal fraud for his part in an Internet cookie-stuffing scheme, per report
at this blog site.
(
Update, Aug. 5, 2014: And, he's now been sentenced. Go
here for details, and my comments on how the sentencing discussions show Dunning hasn't changed a bit so far.)
(Update 2, Oct. 21, 2015: Dunning is out of the federal clink and unrepentant; he gets his first post-incarceration smackdown from me.)
The piece is thorough on Dunning's background.
If you want more information,
here's the PDF of the original criminal complaint, and
here's my original blog post on this. You can also click the tag at the end of this blog post to pull up everything I've written about Dunning, not just limited to the cookie-stuffing issue.
Otherwise, no "sad day" from where I sit. contra the blog that first reported this. The "sad day" was when Dunning
started doing this stuff. File this under Dark Side Of The Internet; he's a
spammer, using the word in a non-technical sense, who did something that's not just spamming but fraudulent.
(
Update, May 5, 2013: There's more
in this in-depth piece about how eBay was "on" to Dunning and his cohort in crime, Shawn Hogan. That includes Hogan "manning up" on responsibility, but Dunning being too much of a wuss or putz to comment.
Per this story, more proof that Hogan, and surely Dunning, knew what they were doing, and that's the much lesser amount Hogan made on other affiliate marketing. From the FBI files:
"He advised that he earns about $10,000 to $15,000 per month for GOOGLE
ads, $1.1 to $1.5 million per month on EBAY, and approximately $8,000 to
$10,000 per month for WESTERN UNION. HOGAN stated the money from these affiliates programs has made him lazy on his other stuff."
Yeah, making 100x a month more? Big diff.
And, Dunning's probably pissed off at his brother Todd. Todd ratted out Hogan, which made eBay suspicious of him AND Brian, soon enough.)
So, that's reason No. 1 it's no sad day. Related to that is the fact that skepticism, whether of the narrower "scientific" type or the broader philosophical type, is more than just one person.
That said, this isn't the only reason this is no "sad day."
Reason No. 2?
Dunning's
also someone who has regularly mixed libertarianism in with his version
of skepticism, or rather, "skepticism." Given that his libertarian
political leanings are likely connected to why he started cookie
stuffing, rather that "sad day," maybe we could call this "object lesson
day."
Is that "drivel," as I've already been told on a Facebook post? (The person who started the thread has his status set to "public," therefore I'm not violating privacy.)
No.
I think that, while I can't prove it, it's a reasonable assumption that Dunning's libertarian leanings influenced him to start doing what he did. Bug Girl provides
another good example — Dunning cribbing off libertarian/big biz antiscience website Junk Science in order to do a takedown of Rachel Carson.
Seems pretty deliberate to me. If not deliberate, it's hugely lazy not to have researched Junk Science. That said, I'm pretty sure it's the former. And, Bug Girl is, in my opinion, too generously kind to assume he just got mislead. And that, if he did, he didn't do any research on Junk Science's background.
Add to that, that Dunning was also a contributor to the Skeptical Libertarian blog.
That said, in a recent Tweet, actually a re-Tweet Dunning welcomes Penn State climate scientist Michael Mann to the next "The Amazing Meeting." So, Dunning's libertarian leanings are not too overblown, perhaps. Or else, he's just about promoting TAM.
Reason three this is no "sad day"?
In my opinion, Dunning is overrated as a generator of in-depth, independent skeptical thought.
For example, one of his most "favored" blog posts was "
five things you don't know about your body."
Top
two items? Did you know you don't use just 10 percent of your brain?
Did you know that swallowed gum doesn't stay in your body 7 years? Wow!
I mean, it's all honest, skeptical debunking, but none of it is original.
Anyway, I've blogged about Dunning before,
most recently about his propensity for setting up straw men, just like he did in his "partial explanation." And, re the Bug Girl link above, even should I be as generous as her about why Dunning did that post of his, he was still quite defensive and slow to correct it.
Dunning's background, and the case itself
Here's Dunning's original "
partial explanation." It includes this:
Some bloggers and commenters have claimed that I personally made
outrageous amounts of money. This is demonstrably false. Although I did
well for the better part of a year, most of the money mentioned in the
suit was earned by another affiliate, and our chunk was divided into
many different pie slices. I was only one of those slices, despite being
the only one criminally charged from our company. I’ve already spent
more money in legal fees than I earned from eBay.
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| Can you Digg it? |
You personally may not have made outrageous amounts of money. (Speaking purely hypothetically for the sake of argument.) But, what about various LPs, LLCs, etc., into which you may have incorporated yourself? I mean, Dunning has publicly identified himself around the web as a venture capitalist; don't tell me he doesn't know tricks of the trade on how and where to hide money.
Also, the nature of cookie stuffing, and related Internet deceptions,
as I note here, suggest you probably made "at least a few bucks."
Another reason or two this may not have made more money?
1. Ebay detected it quickly enough (and even did a sting of sorts, eventually);
2. It had not reached its full setup by the time it was caught.
And,
per my original blog post on this, there's plenty of evidence of "shells":
• Between 2006 and June 2007, Shawn Hogan (Digital Point Solutions)
earned approximately $15.5 million in commissions from eBay. Hogan was
eBay’s number one affiliate.
• Between 2006 and June 2007, Dunning (Kessler’s Flying Circus)
earned approximately $5.3 million in commissions from eBay. Dunning was
eBay’s number two affiliate.
• Hogan and Dunning are accused of generating hidden forced clicks on
both their own web sites as well as sites not connected with the
defendants in order to increase the number of computers storing the eBay
affiliate tracking cookie.
• The legal criteria for wire fraud was established not on money
(commissions) being transferred over the wires, but because of
transmission of the tracking cookie between states and internationally.
Note that again: $5.3 million. In short, his partial explanation would seem full of bull as to how much money he made, or didn't.
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| Yours for just $15! |
So,
sell that swag, Brian!
(At highly inflated prices, like $27.95 for a T-shirt. Sounds like a guru selling to his cultic followers. Or $15 for the aptly titled rubber stamp; more on it below.)
Back to the serious on this part. I don't know how much he was selling on his own on eBay, or if any of his Skeptoid stuff was sold there. But, the principle of a man with a sharp eye for a sharp product, whether through "raking" with groupies on his own stuff or defrauding other affiliates with eBay, still stands.
Related to that, from a link
at my initial post, commenting about the original legal filing, is a lot of evidence of intentionality. Like this:
Shawn + friends had a system set up that would record each individual
computer they had stuffed in order to not attempt to stuff cookies on
that same computer again. This not only makes things look more legit on
ebay’s side in the logs, but prevents anyone trying to observe
something shady from duplicating it. Also, they attempted to geotarget
the traffic and prevent any computers located in Santa Barbara, CA
(headquarters of Commission Junction, who hosted ebay’s affiliate
program) and San Jose, CA (ebay’s headquarters). This was done to hide
the cookie stuffing from ebay and CJ employees (obviously). Interesting
stuff indeed! Aspiring search engine cloakers and cookie stuffers,
take notice!
That's pretty strong evidence from where I sit.
Add to the "intentionality"? Dunning calling eBay's affiliate program "
stupid." (That same set of PDFs, on the next page after the linked one, spells out how "poor me" Dunning distributed the money he was making to his and his wife's personal checking accounts [which raises questions of sheltering money, if he's in an "individual property" state] and a brokerage, among other things.)
That includes this information, that he was paying his wife $10K a month, plus both his mother and mother-in-law $2,500 a month for living expenses.
But, Dunning says "poor me."
Again, that means today is, if anything, "an happy occasion," per The Holy Grail.
(
Update, March 5, 2014: Lousy Canuck at Freethought Blogs
reports Dunning is trying to use 501(c)3 status, allegedly started in 2012, to shield his ill-gotten gains. And, while Jason has a Gnu Atheism motive for ax-grinding, and, I've pointed out some of his Social Justice Warrior nonsense on comments on his own blog, nonetheless, especially as Dunning used to bill himself as a venture capitalist and would know how to play such shell games, I find Thibeault to be making a reasonable explanation of Dunning's motive here. That's also not to say that Dunning is surely not the first person to think of such an idea. It IS to say, though, that he probably was giving himself a "genius" pat on the back while doing so. I'm more skeptical of Dunning's mindset than some friends who have little or no ties to either Gnu Atheism or Movement Skepticism.)
What's next?
Per the link at top, he still faces sentencing on his criminal case. That blog at top guesstimates 46-57 months is possible, given federal sentencing guidelines (
website calculator here) and if the amount of damage is stipulated at $1 million. Technically, he is eligible for probation, but ... who knows. He may use the same charm he did on his groupies and get just that. More seriously, with minor children at home, he might beat it down to 36 months, maybe even 24.
Meanwhile, a civil fraud suit by eBay has been "parked" while the criminal case proceeded. Dunning will probably be pleading that one soon, on advice of attorney and any halfway decent deal.
Given the amount of commissions Dunning et al raked in, plus apparent evidence of trying to cover their tracks, I'd venture eBay is pushing for a seven-figure payback, all told. (Not all of that may fall on Dunning's shoulders, of course.)
Brian, you better start selling a lot of that Skeptoid bling, and soon.
So, to sum up:
A greedy hypercapitalist venture capitalist and libertarian of some sort who puts himself out as a skeptic in part, apparently, to make a buck, or $1 million, off of it, gets busted by our lenient neolib federal government for committing white-collar fraud and being one of the people who has contributed to making fair chunks of the Net the hypercapitalist sewer it is today.
This person's libertarian mindset might have also led to the Wild West idea of "hey, eBay's a big biz, it won't miss some pocket change."
And, some people, apparently Dunning groupies, want to mourn?
Those are the folks unreasonable beyond the three reasons:
Among those groupies is Doubtful News, which first writes
a pseudoskeptical suck-up post about Dunning's woes, then goes chickenshit and closes comments. I've both emailed and Tweeted them, and no response yet. And, I'll bet I don't get any.
In comments, got to "love" this one:
I disagree. Lots of people make mistakes, this does not necessarily
equate with an intent to defraud. If we lost respect for people who make
mistakes (and owned up to them), we’d have no friends at all.
Mistakes? Bullshit. Hiding his tracks shows intent pretty damned well. Intentionality ain't a "mistake."
That was followed by this:
For those skeptic bashers who get their jollies out of seeing the
misfortune of others like Brian and Randi, you suck. I don’t get any joy
seeing anyone suffer. Not even someone I detest.
So, people who have pointed out Dunning's libertarianism-skepticism commingling for years are automatically labeled as getting joy out of his suffering? Again, Dunning brought this on himself. Ditto for others who have willfully broken the law, not made "mistakes." So, no, people like you who defend four years' worth of ongoing criminal fraud "suck."
And finally, this:
I don’t think this is at all related to Skeptoid. It had to do with a former employer.
Sure it does relate, if I'm right about the libertarian mindset pervading all of Dunning's operations. And, how do you know Dunning didn't try cookie-stuffing on PayPal accounts, or something, if that's how you were buying his swag? (I'm not techie enough to know if that's possible, but, if it is?) And, the "former employee"? I have no idea where that's coming from.
And, per Dunning as businessman, when phrases like "black hat" are repeatedly used about his co-indictee, Shawn Hogan, and Hogan's company, Digital Point, the old "company you keep" phrase comes into mind.
You might want to read your own "
what skepticism is" webpage, Doubtful News folks.
Finally,
per this blog post about how the cookie stuffing worked, stealing what should have been due them from other affiliates, why wasn't Dunning also charged with theft of services or similar?
Add to this
a great story from Ars Technica, also explaining just what was involved.
Between the two, Dunning sympathizers and groupies who claim this is "no big deal" or "this is how Internet affiliate programs work" are simply wrong.
Meanwhile, per the top of this page, rather than it being "drivel" for asking how much Dunning's libertarianism might have influenced his actions, it's "drivel" for someone like Shane Brady, who made that charge, to now claim such nonsense as the bullshit that Dunning wasn't trying to hide his tracks. (Somehow, I suspect the latest link won't impress Brady, even with Hogan making a confession.)
And, since Brady's Facebook status is set to "public," I'll grab this quote from there:
Tonight I feel like the only #skeptic who knows how cookies and advertising work
Oh, well. Aren't we so almighty, compared to both federal assistant district attorneys and eBay, among others?
But, no,
judging by this post alone, even if he's not a professed skeptic, Bruce Schneier knows plenty about cookies.
So does
Wikipedia. Its post is easy to follow and non-techie. I linked to it in my original post about Dunning's indictment. (And, speaking of drivel and Wikipedia, would-be edits of his Wiki page by groupies would fall in the area of "drivel." As well as a tacit admission of the degree of his guilt.)
And, if you want an easy-to-understand, non-techie explanation of
just what Dunning did, one that should satisfy even libertarian #skeptic
cookies-and-ads genius Shane Brady or the fluffers at Doubtful News, along with the criminality issue,
go here.
Sorry, Shane, it's not worth the time for me to Photoshop your Facebook icon with a "martyr" back of hand to forehead.
And, the vacuous Justin Vacula both
here and on Facebook, pleads for "all the evidence to come in" before making a judgment, apparently ignorant of the fact that a guilty plea means
Dunning himself accepts the evidentiary findings!
It's an interesting day indeed when I find Freethought Blogs a general font of wisdom on the subject. And, for the Dunning fluffers, don't post smoochy blogs if you can't stand the heat.
And, while I might have some schadenfreude for Dunning, I'm sorry about his wife and kids who will likely see their dad go to jail. That said, that's not my fault, either.
That said, we can transfer from "true believers" to ...