On Wed, May 28, 2025 at 7:07 PM Andrew Kirch via NANOG <nanog@lists.nanog.org> wrote:
Please have your lawyers review the Spamhaus lawsuit, and other state and federal lawsuits filed by spammers against DNSBL operators (like me!) before you file a SLAPP suit. We always win. We win so much it's getting boring.
Hi Andrew, Maybe I misunderstood Eric, but I thought his "threat," if you want to call it that, was to sue WAF implementers like AWS for tortious interference rather than list publishers like IP Quality Score. The legal proposition is that an AWS customer has little or no control over what AWS does with the IP blocking information. If they want to do business with me and I want to do business with them but AWS steps in the middle, that's potentially tortious interference. And let's face it: AWS is a large enough organization you're not just playing whack-a-mole. Worth noting that Spamhaus et. al. escaped their lawsuits because they publish information. They don't block anybody. The consumers of their information (like AWS) do the blocking. Also worth noting that Eric's plan wasn't to sue pers se, it was to send demand letters. There's an implicit assumption that if he could just talk to a responsible person, they'd agree with him and fix the problem. Demand letters to the attorney of record are kind of a last ditch mechanism to cut through an organization's hierarchy and talk to the engineer who can actually solve your problem. Because whoever you are and however well insulated you are from the tech support front door, the company lawyers have access to you. Regards, Bill Herrin -- William Herrin bill@herrin.us https://bill.herrin.us/