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28 wins, and counting






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• Virginia Court Urged to Hear Appeal of E-mail Spam Law (AP/Findlaw, June 4, 2008).  Jeremy Jaynes challenges Virginia's anti-spam law on First Amendment grounds for being overbroad... even though there's no question he was sending false & deceptive spam.

• Knesset Outlaws Unsolicited Spam, SMS, Auto-Callers (Jerusalem Post, May 29, 2008).  Go Israel!

• Yahoo Files Suit Against Lottery Spammers (SiliconValley.com, May 27, 2008).  Note to American Electronics Association: It seems that Yahoo thinks it's deceptive when spammers refer to Yahoo-sponsored lotteries when Yahoo has nothing to do with it.

• Happy Spammiversary (Good Morning America/ABC.com, May 4, 2008).  30 years ago today, the first spam was sent.  Meet the guy who did it.  My how far we haven't come since then.

• Promoters of Online Freebies Agree to Stop Selling in Washington (April 30, 2008).  SubscriberBASE banned from fake "free" promotions in Washington.  Click here to read the complaint.  Click here to read the consent decree.

• Man Gets Prison After Hundreds of Thousands of Spam Emails (Yahoo! News, Apr. 29, 2008).  Bye-bye Eddie Davidson.

• Myspace Wins Suit Against Spam King (CNet, Apr. 28, 2008).  There are a lot of "spam kings" out there, but this one is Sanford Wallace.  Apparently Wallace kept blowing off court dates, which he didn't know about, because he refused to accept mail.  Uh huh.

• Not Again: Anti-Spam Bill Being Crafted in California (DirectMag.com, Apr. 22, 2008).  Looks like the new bill must be making waves, to trigger this kind of ridiculous and uninformed "opinion" by Ken Magill.  Apparently, Magill doesn't receive much spam, therefore none of us need any protection.  Whatever.  Click here to see the response I sent to Magill... I dared him to post it... He didn't.

• Proposed Anti-Spam Law Would Make Lawsuits Easier (MediaPost.com, Apr. 22, 2008).  The reporter got it exactly right on how we intend to crack down on typical spammer techniques.  Note how the "State Privacy and Security Coalition" expresses his primary concern is avoiding legal exposure... as opposed to actually stopping false & deceptive spam.  Note also how AOL says they're working with us... Interesting, considering that in the Assembly Judiciary Committee hearing on April 17, the AOL lobbyist opposed even a simple "statement of intent" to crack down on false & deceptive spam. We'll see how things develop.

• Bill Toughening Anti-Spam Law in Works (SFGate.com, Apr. 18, 2008).  Yes, in all my spare time, I co-wrote a stronger anti-spam law for California that attempts to close up some loopholes and clarify some ambiguities in the current law, to the extent that Congress permitted the states to regulate false and deceptive spam.  That means that the new proposed law only targets falsity & deception... companies that do not use false & deceptive spam have nothing to worry about.  The proposed bill is intended to protect consumers, business who receive email, and businesses who send truthful email.  Click here to read a 1-page fact sheet.  AB 2950 is sponsored by Assembly Member Jared Huffman, and – inexplicably – currently opposed by the American Electronics Association.

• Adult Web Business Off the Hook for Spam (Seattle Post-Intelligencer, Mar. 24, 2008).  Sigh, chalk up one win for the bad guys; jury finds Impulse Media not responsible for its affiliates.

• King of Spam Pleads Guilty, Faces 26 Years in Prison (Yahoo/InfoWorld, Mar. 17, 2008). Bye-bye Robert Soloway!  Don't drop the soap.

• Adult Website Operation Settles FTC Charges Unwitting Consumers Exposed to X-Rated Spam (FTC, Mar. 4, 2008).  Cyberheat settles up for $413K for spam sent by its affiliates.  To be clear though, this settlement came after the U.S. District Court in Arizona denied Cyberheat's motion for summary judgment in which it argued that it wasn't responsible for the actions of its "independent contractor" affiliates.  2007 U.S. Dist. LEXIS 15448 (Mar. 2, 2007).

• Prolific Spammer's Conviction Upheld (AP/FIndlaw, Feb. 29, 2008).  Virginia Supreme Court rules Jeremy Jaynes' false & deceptive commercial speech is not entitled to First Amendment protections, and Virginia's anti-spam law does not violate the dormant commerce clause of the Constitution.  Nice!  Click here for the actual opinion.

• Judge Agrees with FTC, Orders Spammers to Pay More Than $2.5 Million and Stop Selling Bogus Weight-Loss and Anti-Aging Products (FTC, Feb. 4, 2008).  The spammer in question is Sili Neutraceuticals LLC and Brian McDaid.

• FTC Settles with Advertiser for Spam Campaign (ComputerWorld, Jan. 30, 2008).  The spammer in question is Member Source Media, dba ConsumerGain.com, PremiumPerks.com, FreeRetailRewards.com, and GreatAmerican Giveaways.com.  Following the stipulated judgment against Adteractive, this is the latest signal in the spam wars that deceptive representations that iPods, etc. are "free" are false and unlawful without disclosing that consumers actually have to spend money or incur other obligations to qualify for the "free" products.$200,000 and in injunction. Click here to read the complaint and stipulated judgment.

• [Florida AG] McCollum's Cyberfraud Task Force Reaches $1 Million Agreement With Company Over Internet Marketing Guidelines (Florida Attorney General News Release, Jan. 16, 2008).  A million dollar settlement, from World Avenue USA LLC, for deceptive use of "free" in subject lines.

• Spam on the Run: Notorious Spammer on the Lam (Eweek, Jan. 4, 2008).  Ralsky's somewhere in Europe... trying to avoid extradition?

• Michigan Spammer, 10 Others Indicted in Alleged Chinese Stock Pump-and-Dump Scam (Free Press, Jan. 3, 2008).  Alan Ralsky, sued again... Happy New Year!

• Barracuda Networks 2007 Spam Report (Dec. 12, 2007).  In 2007, 90-95% of all email was spam.  Wonderful.

• High-Earning Spammers Face Tougher Sentences (Network World, Dec. 4, 2007).  The judge increased spammer Min Kim's prison sentence because he earned $250,000 sending spam.

• Major Online Advertiser Settles FTC Charges. "Free" Gifts Weren't Free; Settlement Calls for $650,000 Civil Penalty (FTC.gov, Nov. 28, 2007).  The advertiser in question is Adteractive Inc., in San Francisco -- a spammer I've tangled with before.  In addition to the deceptive use of "free," Adteractive also sends spam advertising Christian loans when they even admit there's no Christian affiliation.  Adteractive also sends spam to email addresses that I've previously opted-out from their systems.  Click here to read the complaint and stipulated judgment.

• Despite Filters, Tidal Wave of Spam Bears Down on E-mailers (USA Today, Nov. 26, 2007).

• Spammers Have Your Number (Business Week, Nov. 26, 2007).  More spam coming to my cellphone, terrific.

• N.J. Man Gets Two Years in Jail for AOL Spam Scam (News.com, Nov. 5, 2007).  Bye-bye Todd Moeller.  I say jail 'em all!

• U.S. Tops List of Spam-Offending Countries (News.com, Oct. 18, 2007).  Makes me proud to be an American.  Sigh.

• Police Blotter: Porn Spammers' Convictions Upheld (News.com, Sep. 7, 2007).  This is Kilbride & Schaffer; see June 26 InformationWeek article, below.

• Internet Company Sued for Deceptive Advertisements of "Free" Gifts (Florida Attorney General News Release, Aug. 23, 2007).  Florida goes after World Avenue USA LLC.  Several months after I do.  You know spam has to be be bad before Florida officials do anything about it.

• U.S. Says 18 Charged in Illegal Online Pharmacy Case (Yahoo/Reuters, Aug. 2, 2007).  The article doesn't expressly mention spam, but how else do internet pharmacies work?  Also, note that the credit card processor was indicted too!

• Web's "Drug Kingpin" Gets 30 Years (StarTribune.com, Aug. 2, 2007).  Bye-bye Christopher Smith.  Sweet.

• Spam Hunter (Forbes.com, July 23, 2007).

• Feds Preparing to Jail More Spammers (News.com, July 12, 2007).  Bye-bye Jeffrey Brett Goodin.  Makes you feel good, doesn't it?

• Two Men Convicted of Spamming Pornography (InformationWeek, June 26, 2007).  Bye-bye Jeffrey Kilbride and James Schaffer.

• Anti-Spam Activists Strike (Redwood City Daily News, June 21, 2007).  Two Stanford students serve out-of-state spammers with small claims papers while corporate officers are in San Francisco for the big SpamCon, excuse me, "AdTech" convention.  At trial, the spammers put on all the usual defenses, including "my affiliates did it not me" and in one case, denying service by claiming a person who admitted he's a vice president isn't really.

• Lawsuit Shows How To Sue Spammers (News.com, June 21, 2007).  See Florida spammer.  See Florida spammer ignore litigation in Washington State, claiming the court had no jurisdiction.  See the Washington court enter a default judgment.  See Hylkema domesticate the judgment in Florida.  See that finally get the spammer's attention.  See spammer appeal.  See spammer lose.  AND, in the first positive spam news out of Florida since... the beginning of time... the Florida appellate courts enforce the judgment! Read the opinion here: The Credit Counseling Foundation Inc. v. Hylkema, 958 So. 2d 1059 (2007).

• Brooklyn Man Pleads Guilty to Participating in Massive AOL Spam Scheme (Press Release-US Attorney SDNY, June 11, 2007).  Adam Vitale and Todd Moeller busted.

• MySpace Settles on Spam (Red Herring, May 31, 2007).  Looks like TheGlobe.com paid $2.25M to settle MySpace's lawsuit for spamming its members.  Not as much liability as there could have been, but it's not pocket change either.

• Why We Click (Eweek, June 27, 2007).  Ummm... because many consumers are stupid and/or gullible?

• US Internet "Spam King" Arrested (Yahoo News/AP, May 30, 2007).  Robert Soloway busted!

• Promising Antispam Technique Gets Nod (News.com, May 23, 2007).

• Major Anti-Spam Lawsuit Filed in Virginia (Washington Post, Apr. 26, 2007).  This lawsuit, part of Unspam Technologies LLC's "Project Honey Pot," targets the scum that "harvest" email addresses from websites, and then sell it to the spammers.

• New Technology Aims to Bore Impatient Spammers (Washington Post, Apr. 10, 2007).  An interesting idea... slow down the rate at which ISPs mail servers will accept email.  The idea is, legitimate mailers will wait a minute or so, but spammers won't.

• S.E.C. Cracks Down on Spam-Driven Stocks (New York Times, Mar. 8, 2007).

• Warning: Do Not Spam This Guy (AP, March 7, 2007).  Gordon Dick, a web developer in Edinburgh, sues spammers too.  This made round-the-world news today.  His website is http://scotchspam.org.uk/.

• Saving 'Spam': Hormel's Fight to Protect its Famous Product's Name (ABC News, Mar. 2, 2007).  Hormel sues Spam Arrest for trademark infringement.

• Spam Avalanche Targeted by [New Zealand] Landmark New Law (Scoop, Feb. 28, 2007).  Kiwis hate spam too.

• Verizon Wireless Wins Injunction Against Text Spam (News.com, Feb. 27, 2007).

• Federal Regulators Slap Adware Company with $1.5 Million Fine (SiliconValley.com, Feb. 16, 2007).  This is obviously about adware and not spam, but adware is annoying too.  And apparently Direct Revenue LLC (New York), or its agents, downloaded the adware illegally to consumers' computers.  See also the BW July 26, 2006 article (below).

• Alleged Porn Spammer Settles with FTC (News.com, Jan. 31, 2007).  Porno spammer TJ Web doesn't admit liability, but agrees to comply with federal law and to pay a fine of almost half a million bucks for the actions of its affiliates.

• MySpace Sues Colorado Man for Sending Millions of Spam Messages (MercuryNews.com, Jan. 22, 2007).  The lawsuit alleges phishing and then spamming so it looks like the emails came from MySpace users' friends.

• Jury Convicts First Spammer Under CAN-SPAM Act (TechNewsWorld, Jan. 18, 2007).  Defendant Jeffrey Goodin was a phisher/spammer, and to my mind, trying to sucker people into giving up their passwords is even worse than hawking Viagra and counterfeit watches.  Sentencing is in June... Could up up to 101 years in jail.  Ha ha ha.

• A Spammer's Revenge (Time, Jan. 15, 2007).  This article describes how the Fourth Circuit ruled against the recipient of fraudulent spam.  It's actually quite unbelievable the court came to that conclusion.  The court incorrectly read the plain language of the CAN-SPAM Act, and improperly read the Oklahoma anti-spam law, which expressly prohibits any falsity, as if it had the same materially false requirement of the federal act.  It also includes incorrect statements of fact & law made by the spammers' attorneys to Time.  Unconstitutional holding aside, the spams were unsolicited, and that makes Omega World Travel a spammer.  Click here to read my own thoughts on how the Fourth Circuit got it wrong.

• Spam Doubles, Finding New Ways to Deliver Itself (New York Times, Dec. 6, 2006).

• FTC Shuts Down Four Spam Rings (News.com, Sep. 15, 2006).

• Two Indicted for Spamming With False Headers (FBI/DOJ Press Release, Aug. 16, 2006).  That would be Edward Eveloff and Michael Twombly.

• The Plot to Hijack Your Computer (Business Week, July 17, 2006).  Because spyware is annoying too.

• The Mind Games Cybercrooks Play (Business Week, Apr. 17, 2006).

• Feds Shut Down Spam Ring for Good (News.com, Apr. 10, 2006).

• Stealing Logos to Pull Spam Scams (Business Week, Apr. 3, 2006).

• FTC Slams Spammer in Pocketbook (Federal Trade Commission, Mar. 23, 2006).

• Zombie PCs Growing Quickly Online (BBC News, Feb. 22, 2006).

• Postage Is Due For Companies Sending Email (New York Times, Feb. 5, 2006).

• Adult Web Site Settles FTC Charges (Federal Trade Commission, Feb. 3, 2006).

• AOL Wins $5M Judgment Against Spammer (SFGate, Jan. 26, 2006).  Click here to read the Court's Opinion and Order.

• Suspect in Federal Spam Case Pleads Guilty (CNN.com, Jan. 18, 2006).

• Clinton Internet Provider Wins $11B Suit Against Spammer (Quad-City Times, January 6, 2006).

• Better Watch Out: An FTC Ruling Raises the Stakes in Monitoring Affiliates' Behavior (Internet Retailer, Jan. 2006).

• Effectiveness and Enforcement of the CAN-SPAM Act: A Report to Congress (Federal Trade Commission, Dec. 20, 2005).

• Spammers Barred from Violating Federal Law (Federal Trade Commission, Nov. 17, 2005).  But lots of spammers have been barred from violating the law.  The more important thing here is, the FTC is holding the advertiser (principal) responsible for the spammers' (agents) actions.

• McKenna Announces California Company [Avtech Direct] Ordered to Pay $3.4 Million for Spam E-Mails (WA Attorney General News Release, Dec. 6, 2005).

• Spammers Face Jail in Nigeria (CNN/Reuters, Oct. 19, 2005).

• FTC Stops False Claims About Fountain of Youth Oral Sprays (FTC, Oct. 18, 2005).  I'm happy to say that I was able to provide the FTC with information to help their case, since I had previously sued Pacific Herbal Sciences, Inc. for spamming and I saved all my evidence.

• FBI Raid Shuts Down Suspected Spammer (Yahoo News!/AP, Oct. 16, 2005).

• Oklahoma Man Wins $10 Million Judgment Against a Spammer (Cauce.org, Sep. 5, 2005).

• How to Win the War Against Spam / Top Spammer / Can You Legally Fight Spam? (PC Quest, Aug. 2005).

• Three Indicted for Violating Anti-Spam Law (Yahoo News/AP, Aug. 28, 2005).

• Microsoft Settles Spam-King Suit (Wired News, Aug. 9, 2005).

• Russia's Biggest Spammer Brutally Murdered in Apartment (Mosnews.com, July 25, 2005).  I know it shouldn't, but this makes me happy.

• Another Spammer Flames Out (Business Week, July 18, 2005).

• The Anti-Spam Litigation Shop (Wired News, June 30, 2005).  Joe Wagner files suits against BobVila.com and its affiliate spammers, Kraft Foods, Stamps.com, Discover Card, and more.

• How to Harpoon a Cyber Shark (Business Week, June 13, 2005).

• Spamming Outside the Box (Wired News, June 2, 2005).  This article lists some of the worst offenders, who go and send spam to email addresses specifically entered into opt-out websites.

• Bankruptcy Doesn't Spoil Spam King's Success (Newsday.com, Apr. 25, 2005).

• Kraft Sued Over Alleged Gevalia Spam (MSNBC, Apr. 22, 2005).

• ISP Steaming Over Coffee Spam (InternetNews.com, Apr. 18, 2005).

• Battle Against Spam Shifts to Containment (Sacramento Bee, Apr. 15, 2005).

• Attorney General Lockyer Goes to Court to Shut Down Major California-Based Spam Operation (CA DOJ Press Release, Apr. 13, 2005).

• Spammer's Jail Term Postponed (Washington Times, Apr. 9, 2005).

• Spam King Goes Bankrupt (OReilly.com, Mar. 9, 2005).

• The Lid on Spam is Still Loose (Business Week, Feb. 7, 2005).

• Adult Website Settles FTC Charges (FTC, Feb. 3, 2005).  That website would be Sobonito Investments Ltd.

• Texas Sues Alleged Spammers for Millions (MSNBC, Jan. 13, 2005).

• F.T.C. Files First Legal Case Against Sexually Explicit Spam (NY Times, Jan. 12, 2005).

• Microsoft: Spammer in Tucson Owes $7.4 Million (Arizona Daily Star, Jan. 1, 2005).  Glen Hannifin/Usavedepot owes me $17,000 too.

• ISP Wins $1 Billion in Spam Suit (ZDNet, Dec. 19, 2004).

• North Carolina Man Sentenced to 9 Years for Spam (ZDNet, Nov. 3, 2004).

• Defendants Accused of Sending Spam (Yahoo News, Oct. 26, 2004).  Criminal trial in Virginia!

• California Senator Kevin Murray confirms that CAN-SPAM does not pre-empt CA B&P §17529.5, and provides examples of what constitutes falsified headers (Oct. 5, 2004).

• Anti-Spammers on Attack (Internetnews.com, Sep. 24, 2004).

• Dozens Charged in Push Against Spam and Scams (NY Times, Aug. 25, 2004).

• Sue a Spoofer Today (Internetnews.com, Aug. 17, 2004).  Click here for help from The Institute for Spam and Internet Public Policy (ISIPP).

• Man Sued by FTC for Breaching CAN-SPAM Act (ITVibe, Aug. 2, 2004).

• British Teen Spams Former Bosses, Gets Arrested (News.com, July 14, 2004).

• Mass. AG Suit is First Using Anti-Spam Law (Boston Herald, July 2, 2004).

• Spam Breakthrough Splits Industry (Internet Works, June 2004).

• FTC Mulls Bounty System to Combat Spammers (MSNBC, June 30, 2004).

• AOL ex-employee arrested for stealing user screen names and selling them to a spammer!  Articles from CNN (June 23, 2004) and MSNBC (June 24, 2004).

• Feds Decline to Create ‘Do Not Spam’ List (NY Times, June 16, 2004).

• Spammer Sentenced to 7 Years in Prison (Yahoo News, May 27, 2004).  Maybe this will make a difference!

• FTC Announces First CAN-SPAM Act Cases (FTC, April 29, 2004).  Actual arrests!  Woohoo!

• Email Marketer Sues Anti-Spam Group Spamcop (Toms Hardware, April 30, 2004).  Scott Richter of OptInRealBig claims that Spamcop is illegally interfering with his business of “high volume email deployment.”  What’s that, you ask? Well, of course it is not spamming…

• Email Trouble (The Daily Show with Jon Stewart, March 30, 2004).  See Scott Richter of OptInRealBig claim that his “high-volume email deployment” is not spamming, that people like receiving his email and complain when they don’t get it, and that the whole government movement against spam is based on the Post Office being threatened by Richter not paying $0.37 per email.

• Major ISPs Unite in Spam Fight (News.com, March 10, 2004).  AOL, Earthlink, Microsoft, and Yahoo! file lawsuits.  Woohoo!

• ISP Hammers Bob Vila Site with Spam Suit (News.com, March 5, 2004).

• Point-Counterpoint on the “Can Spam” Law (News.com, December 16, 2003).

• Bush OKs Spam Bill (ZDNet, December 16, 2003).

• The Taming of the Internet (Business Week, December 15, 2003).

• Virginia Files Felony Spam Charges (ZDNet, December 11, 2003).

• Big Companies Add to Spam (New York Times, October 28, 2003).

• Morrison & Foerster on the California Anti-Spam Law and the CAN-SPAM Act.

• Spambusters (Boston Globe, October 5, 2003).

• Confessions of a Spam King (New York Times, September 28, 2003).

• New California Anti-Spam Law enacted.  Read about it in: LA Times   SF Gate   SiliconValley (September 24, 2003).

• From Open Doors to Gated Communities (Business Week, September 8, 2003).

• Spam Wars: How Unwanted Email is Burying the Internet (MSNBC Special Report, August 2003).

• Out, Out Damned Spam (Business Week, August 11, 2003).

• A Grass-Roots Revolt Against Information-Age Intruders (Business Week, August 4, 2003).

• Spam Wars (Technology Review, July/August 2003).

• Spam’s Big Bang (Time, June 16, 2003).  With a quote from Yours Truly.

• Hitting Spammers Where It Hurts (Business Week, May 19, 2003).

• Slamming Spam (Business Week, May 12, 2003).

• Spam Law a Matter of Fax? (News.com, March 26, 2003).  A Michigan man successfully sues Sears for spamming, citing the TCPA Junk-Fax law and arguing that his PC system meets the legal definition of a fax machine since it can receive data over a telephone line and output text/graphics onto paper.  Click here for a copy of the filing and judgment.

• Needed Now: Laws to Can Spam (Business Week, October 7, 2002).

• Spammer Fried: Washington State Wins Case Against Prolific E-Mailer (ABA Journal, September 27, 2002).

• Anti-Spam Legislation Opposed by Powerful Penis-Enlargement Lobby (The Onion, July 17, 2002).