Another victory yesterday in the war against spam. Randy
Los Angeles Superior Court Judge Diane Wayne found that Cyber Promotions' actions constituted a trespass upon EarthLink's computer resources and granted, in full, EarthLink's requested preliminary injunctive relief.
The court prohibited Cyber Promotions from:
-- sending unsolicited e-mail advertisements to EarthLink members;
-- using EarthLink's computer network, systems, equipment, e-mail system and servers without prior authorization;
-- preventing or denying EarthLink's right or ability to block the offending e-mails; and
-- inserting false references to EarthLink or its systems,
equipment or domain addresses in any e-mail advertisement,
including falsely identifying EarthLink or its users
as the source of the e-mail.
Judge Wayne found that Cyber Promotions had and was engaged in the "past and current transmission of unsolicited e-mail advertisements without (EarthLink's) consent" resulting in a "deleterious effect" on EarthLink's systems and operations.
She also cited Cyber Promotions' practice of disguising the true source of e-mail's originating from its system, as well as its advertisement of this capability to its co-spammers.
----------------------------------------------------------------------- Randall S. Benn rbenn@clark.net Internetworking Consultant http://www.clark.net/pub/rbenn CCIE #1637 Network design, analysis, installation & training -----------------------------------------------------------------------
Hmm.. I'd be interested to read more of the details of this ruling (circumstances, etc). Wonder if this is perhaps the basis for simply declaring unsolicited email advertizing illegal even if it would only be a token gesture. (yeah, we can dream.. And while we're at it, more money is always nice.)
Another victory yesterday in the war against spam.
Randy
Los Angeles Superior Court Judge Diane Wayne found that Cyber Promotions' actions constituted a trespass upon EarthLink's computer resources and granted, in full, EarthLink's requested preliminary injunctive relief.
The court prohibited Cyber Promotions from:
-- sending unsolicited e-mail advertisements to EarthLink members;
-- using EarthLink's computer network, systems, equipment, e-mail system and servers without prior authorization;
-- preventing or denying EarthLink's right or ability to block the offending e-mails; and
-- inserting false references to EarthLink or its systems,
equipment or domain addresses in any e-mail advertisement,
including falsely identifying EarthLink or its users
as the source of the e-mail.
Judge Wayne found that Cyber Promotions had and was engaged in the "past and current transmission of unsolicited e-mail advertisements without (EarthLink's) consent" resulting in a "deleterious effect" on EarthLink's systems and operations.
---------------------------------------------------------------------- Wayne Bouchard GlobalCenter web@primenet.com Primenet Network Engineering Internet Solutions for (602) 416-6422 800-373-2499 x6422 Growing Businesses FAX: (602) 416-9422 http://www.primenet.com http://www.globalcenter.net ----------------------------------------------------------------------
On Thu, 8 May 1997, Wayne Bouchard wrote:
Hmm.. I'd be interested to read more of the details of this ruling (circumstances, etc). Wonder if this is perhaps the basis for simply declaring unsolicited email advertizing illegal even if it would only be a token gesture. (yeah, we can dream.. And while we're at it, more money is always nice.)
The ruling actually had some meat in it as far as what can and can't be done. It also called for the award of monetary damages to be paid. Whether or not it is enforceable and by whom remains to be seen. You can read some more of the details from several articles I've linked from my spam war page at: http://www.clark.net/pub/rbenn/spam.html Randy
participants (3)
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Randall S. Benn -
rbenn＠clark.net
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Wayne Bouchard