A popular anti-spam organization, SpamHaus,
was ordered by the U.S. District Court for the Northern District of
Illinois to pay $11,715,000 in damages to e360insight and its CEO, David
Linhardt. e360insight sued SpamHaus earlier this year over illegal
blacklisting of their mailings.
Additionally, SpamHaus was barred from causing any email sent by e360insight or Linhardt to be “blocked, delayed, altered, or interrupted in anyway”. The court also ordered SpamHaus to publish a public apology for deeming the group a spammer.
SpamHaus, a British-based organization, did not accept the US jurisdiction and believes that the order is not enforceable. “As spamming is illegal in the United Kingdom, an Illinois court ordering a British organization to stop blocking incoming Illinois spam in Britain goes contrary to U.K. law which orders all spammers to cease sending spam in the first place” SpamHaus stated.
At justmfs we use SpamHaus as one of the methods to filter inbound spam and prevent spammers from abusing legitimate email marketing and autoresponder campaigns. We regret that the US court system can be used as a weapon against a non-profit organization that strives to keep our mailboxes clean.
UPDATE
In a proposed court order dated 10/6/2007 Judge Charles Kocoras of the U.S. District Court for the Northern District of Illinois calls on the organizations responsible for registering the Spamhaus.org Internet address to suspend the organization’s Internet service. Both ICANN and Tucows, the Spamhaus.org registrar, are named in the order.
A spam-savvy Illinois lawyer shares his perspective on the issue and believes that the outlook may be bleak for the anti-spam organization.
UPDATE #2
A federal judge presiding over a spam dispute rejected a marketing company’s request to suspend the domain name of an anti-spam group that ignored an $11.7 million judgment against it.
U.S. District Court Judge Charles P. Kocoras denied a proposed motion from e360 Insight, which sued the Spamhaus Project over its “black list” of spammers. Wheeling, Ill.-based e360 Insight contends it is improperly on the list because it is a direct marketer that does not send unsolicited e-mail.
Additionally, SpamHaus was barred from causing any email sent by e360insight or Linhardt to be “blocked, delayed, altered, or interrupted in anyway”. The court also ordered SpamHaus to publish a public apology for deeming the group a spammer.
SpamHaus, a British-based organization, did not accept the US jurisdiction and believes that the order is not enforceable. “As spamming is illegal in the United Kingdom, an Illinois court ordering a British organization to stop blocking incoming Illinois spam in Britain goes contrary to U.K. law which orders all spammers to cease sending spam in the first place” SpamHaus stated.
At justmfs we use SpamHaus as one of the methods to filter inbound spam and prevent spammers from abusing legitimate email marketing and autoresponder campaigns. We regret that the US court system can be used as a weapon against a non-profit organization that strives to keep our mailboxes clean.
UPDATE
In a proposed court order dated 10/6/2007 Judge Charles Kocoras of the U.S. District Court for the Northern District of Illinois calls on the organizations responsible for registering the Spamhaus.org Internet address to suspend the organization’s Internet service. Both ICANN and Tucows, the Spamhaus.org registrar, are named in the order.
A spam-savvy Illinois lawyer shares his perspective on the issue and believes that the outlook may be bleak for the anti-spam organization.
UPDATE #2
A federal judge presiding over a spam dispute rejected a marketing company’s request to suspend the domain name of an anti-spam group that ignored an $11.7 million judgment against it.
U.S. District Court Judge Charles P. Kocoras denied a proposed motion from e360 Insight, which sued the Spamhaus Project over its “black list” of spammers. Wheeling, Ill.-based e360 Insight contends it is improperly on the list because it is a direct marketer that does not send unsolicited e-mail.
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