Secretary of State Websites
Spammer's Appeal Rejected by High Court (SFGate, Oct. 31, 2012).
A little more background than the Law360 article.
High Court Declines to Mull Calif. Email Spamming Appeal (Law360.com,
Oct. 30, 2012). On October 29, SCOTUS declined to hear Trancos'
petition for certiori, which means the case is finally done.
Balsam v. Trancos Inc. et al, 203 Cal. App. 4th 1083 (1st Dist.
2012) stands as "good" case law, at least for the foreseeable future.
Generic from names are unlawful, domain names registered so as to not be
readily traceable (including proxy-registration) are unlawful, the exception
to preemption is based on falsity not fraud, and "direct consent" means
exactly what it says it means.
Spam Invades a Last Refuge, the Cellphone (New York Times, Apr.
7, 2012). Text spam is a serious problem too. Verizon has sued
some of them. And the article reports that text-spammers evade carrier
blocks by linking to different websites and constantly changing the number.
One more piece of evidence that the Cal. Supreme Court got it wrong in Kleffman when it ruled that spamming from multiple domain names is not a
Commercial Email with Falsified or Misrepresented Header Information
Violates Anti-Spam Law (Davis & Gilbert LLP, Apr. 5, 2012) and
Commercial Email Advertisements Using Both Proxy/Privately Registered
Domains and Generic From Lines Deemed Unlawful (Venable LLP, Mar.
15, 2012). These articles, and many others, report on my win in the
Court of Appeal against Trancos Inc. Neither article gets it exactly right. You can
read the Opinion
here [note: hosted on
courtinfo.ca.gov] and decide for yourself.
Basically, generic From Names that don't identify the advertiser, and
domain names registered to as to be untraceable, violate California law.
One thing that both articles omit, which is pretty important, is that the
"direct consent" requirement means that a spammer can't claim that you opted
in somewhere else and that gives it permission to send you
Study Sees Way to Win Spam Fight (New York Times, May 19, 2011).
Answer: cut off the money at the credit card-processing stage.
Facebook sues FriendFinder, Peeved Over FacebookOfSex.com Website
Apr. 15, 2011). Should be the easiest trademark infringement suit
Man Quits Job, Makes Living Suing E-Mail Spammers (Yahoo/AP, Dec.
26, 2010). The reporter got a few facts wrong, but a mostly positive
article about me that will hopefully bring more attention to the cause.
E-Mail Spam Falls After Russian Crackdown (NY Times, Oct. 26,
2010). I confess I didn't notice it, but those who track these things
say worldwide spam volumes dropped by 20% in the last month when Igor A.
Gusev, allegedly in control of SpamIt.com, fled the country. But
never fear, there's still 200 billion spams per day, comprising 90% of all
Report: 95 Percent of All E-mail is Spam (CNET, Sep. 30, 2010).
The U.S. ranks 8th in worldwide spam production. Good to know we can
still make things here.
Law Enforcement Lobbies Hard for ICANN Changes (SFGate.com, Mar.
23, 2010). Among other recommendations, making ICANN require its
registrars to verify that domain applications aren't coming in with
obviously fake addresses, and reforming the proxy registration services.
Wow, reducing conspiracy to violate federal, criminal laws. What a
Anti-Spam Crusader Beats Spammers in Court (SFWeekly, Mar. 17,
2010). Same topic.
S.F. Lawyer Awarded $7K From Email Spammer (SFGate.com, Mar. 15,
2010). See below. Let defendant appeal. I'd love to get
published case law.
Holds Recipients of Unlawful "Spam" Are Entitled to $1,000 Per Email
Release, Mar. 15, 2010). I sued Trancos Inc. of Redwood City in
the first consumer/plaintiff case to actually go to trial. The
Superior Court of San Mateo County entered
judgment in my
Canned Spammer: "The Godfather" Alan Ralsky Locked Up (Spamhaus,
Mar. 4, 2010). Alan Ralsky's in a federal prison, but
unfortunately it sounds like more of a country club than max-security.
Spam - A Lot
(ABA Law Journal, Mar. 1, 2010). Nothing revelatory here, but a
McAfee: Spammers Exploiting More News Stories (CNET, Feb. 9,
2010). Well, at least spammers are trendy, keeping up with the Michael
Jackson, swine flu, and terrorism in the headlines.
"Spam King" Gets 4 Years for Fraud (Detroit Free Press, Nov. 23,
2009). About time this unrepentant bastard – quoted as saying "I'll
never stop spamming" – is going away. Sentenced to four years in the
big house. Bye bye Alan Ralsky. And click
here for a presentation by U.S. Attorney Terrence Berg at University of
Michigan about catching Ralsky.
Facebook Spammer's $711M fine Won't Stop Problem, Analysts Say (ComputerWorld,
Oct. 30, 2009). Good News: Another enormous judgment against Sanford
Wallace. Bad News: Analysts say it just means spammers will get more
Craigslist Expands Legal Battles Against Spammers (New York Times,
Oct. 9, 2009). Awesome.
Spam Growth Surpasses Storm Virus (SiliconValley.com, Oct. 2,
2009). Reporting on the growth of spam that will turn your computer
into a zombie to send out yet more spam for them. Virus protection
Funny Kerfuffle Watch: Magilla Part of Anti-Spammer Tiff (DirectMag.com,
Aug. 11, 2009). Magill put himself in the middle of this "tiff"; I
didn't do it. The article is pretty accurate. A certain attorney, who
claims to be an expert in Internet law and seems to work exclusively for
(alleged) spammers/spamvertisers, and I have a contentious history going
back a number of years. In 2008, this tool registered DanHateSpam.com
– one character off from my own website, DanHatesSpam.com, for which
I hold registered federal and California trademarks. It's
typosquatting, and a violation of federal law. His motivation?
According to Magill, he said "It was kind of a lark to tweak him."
And yes, I did threaten to sue him for it.
He claims that "At some point one of us has to act like a grown up."
Seems to me that one should be the one who started this round.
Anti-Spammer Loses More Than His Lawsuit (DirectMag.com, Aug. 11,
2009). Sadly, the Ninth Circuit ruled against Jim Gordon in his appeal
against Virtumundo, after determining that Gordon wasn't a "bona fide" ISP
and that state anti-spam laws are preempted by the CAN-SPAM Act as to
"immaterial falsity." However, material falsity, fraud, or deception
are still NOT preempted. And Gordon admitted to deliberately opting in
to receive the spam. Which is why a couple days after Gordon came
down, a California Court affirmed its
order denying Trancos Inc.'s
Motion for Judgment on the
Pleadings, despite Defendants' vehement arguments for preemption.
Report: Spam and Malware at All-Time Highs (Cnet, July 29, 2009).
Well, the title of the article is pretty much self-explanatory. To
anyone that calls anti-spam laws and litigation frivolous, and you know who
you are, here's a fun tidbit: Spam volume is up 5x in the last 3 years, and
the U.S. accounts for 25% of spam. Click
to read the full report.
Microsoft Sues Alleged IM Spammers, Phishers (Cnet.com, July 16,
2009). Good for Microsoft!
Spammers Shorten their URLs (NY Times, July 8, 2009).
Spammers are redirecting through shortened URLs like bit.ly to evade
filters. Great. Of course, since those services -- I see lots of
tinyurl's -- prohibit spamming, that means the spammers are engaged in
unauthorized use of 3rd party domain names, one of the violations of Cal.
Business & Professions Code 17529.5.
Detroit Spammer and Four Co-Conspirators Plead Guilty to Multi-Million
Dollar E-mail Stock Fraud Scheme (U.S. Dept. of Justice, June 22,
2009). John S. Bown and William C. Neil of Fresno plead guilty to
money laundering, creating botnets, wire fraud, mail fraud, CAN-SPAM Act
violations, and conspiracy, joining the illustrious company of "Spam King"
Alan Ralsky and his son-in-law
Scott Bradley in a Detroit courtroom.
"Spam King" Could Face Criminal Charges in Facebook Case (CNET,
June 12, 2009). At least this time, Sanford Wallace deigned to
show up for court. Let's PLEASE send him away for good.
Memorandum for the Heads of Executive Departments and Agencies, Subject:
Preemption (WhiteHouse.gov, May 20, 2009). No less an
authority than the President of the United States announces a directive to
reverse Bush-era preemption policies. More specifically, Obama
recognizes that States have often protected health, safety, and the
environment more aggressively than the Federal Government; declared that "in
recent years" executive departments and agencies have announced that their
regulations preempt State law, including State common law, without explicit
preemption by Congress or other sound legal basis. The Memorandum
directs executive departments and agencies to stop referencing preemption in
statutory preambles without express Congressional approval in the codified
regulations and unless it is justified under legal principles governing
preemption, and to review all regulations issued within the past 10 years
that purport to preempt State law to determine whether preemption is
justified. Sweeeeeeeet. Or, click
here to read a summary article from Boston.com/Associated Press.
Expansive Preemption of State Anti-Spam Laws is Curtailed (EricGoldman.org,
May 19, 2009). I'll frame that headline a little differently: Some
courts are finally beginning to do their own statutory analysis and are
realizing that CAN-SPAM preempts state anti-spam laws except for "falsity or
deception"... NOT "except for fraud." Courts that have held that
CAN-SPAM preempts except for fraud have basically been glomming onto the
Fourth Circuit's Omega World Travel v. Mummagraphics decision, but
even THAT case doesn't say "preemption except for fraud." Bottom line,
falsity and fraud are not the same thing, which the Virginia Supreme
Court expressly pointed out, in the context of spam, last year.
[Canada] Conservatives Introduce Anti-Spam Bill (CBCNews, Apr.
24, 2009). On Dec. 1, 2008, I reported that Canada was the only G7
country without anti-spam laws. Looks like they've gotten on the
bandwagon, with a law that allows for fines of up to $1M against individuals
and up to $10M against businesses. The article claims the Canada law
was modeled on U.S. legislation – presumably the CAN-SPAM Act – but that
isn't quite true. Canada has done us one better, because their
law allows a private right of action for individuals. U.S. law – even
as it recognizes the harm from spam – doesn't let recipients do anything
about it. That's what our conservative government did to
Is Spam Causing Greenhouse Gas? (Network World, Apr. 15, 2009).
McAfee says worldwide, the amount of energy needed to transmit, process, and
filter spam is equivalent to the electricity used in 2.4 million homes
annually, or the emissions from 3.1 million passenger cars using 2 billion
gallons of gas. Wonderful. Click
here to get the full report from McAfee.
Virginia to Rewrite Antispam Law Following Court Action
Street Journal, Mar. 30, 2009). And in response, Virginia is going
to rewrite the law to make sure it's limited to false & deceptive commercial
U.S. High Court Lets Stand Rejection of Anti-Spam Law
Post, Mar. 31, 2009). Not entirely surprising; Virginia's
anti-spam law applied to political emails too, and was probably overbroad.
Study: Spam is Getting More Malicious (PC World, Jan. 23, 2009).
The State of Spam: What to
Expect in 2009 (PC World, Jan. 1, 2009). "The SPAMfighter
team has a full forecast -- and it doesn't look pretty."
Cisco: Cyberattacks Growing, Looking More Legit (NetworkWorld.com,
Dec. 15, 2008). Spam volume doubled vs. 2007 to 200 billion per day,
now comprising 90% of all email. Yay! Click
here for the full report.
Va. Seeks Reinstatement of Anti-Spam Law (WashingtonPost.com,
Dec. 11, 2008). See below, Sep. 13. The Virginia Supreme Court
reversed the Court of Appeals and let Jaynes walk because the statute
prohibited falsity & deception even for political emails... notwithstanding
the fact that Jaynes' spams were indisputably not political.
The Virginia Attorney General is taking it to the U.S. Supreme Court,
stating that the
state court erred in its conclusion that some "imaginary spammer" could be
unfairly prosecuted for sending political or religious e-mails; the justices
"invalidated a statute on its face based on a hypothetical application that
occurs very infrequently, if it occurs at all."
Bad Economy Helping Web Scammers Recruit Mules (SiliconValley.com,
Dec. 8, 2008). The title of the article pretty much says it all.
Canada Emerges as Haven for Spam (TheStar.com, Dec. 1, 2008).
Apparently Canada is the only G7 country without anti-spam laws, and now the
#5 source of spam. Get with it, my brothers to the north!
Spam Increasing Again After Shutdown of Hosting Company (CNET,
Nov. 26, 2008). Oh well, even a reprieve for a few weeks was nice.
See article from November 12, below.
Facebook Wins $873M Judgment Against Canadian Sex, Drugs Spammer (SiliconValley.com,
Nov. 24, 2008). Adam Guerbuez busted.
Host of Internet Spam Groups is Cut Off (Washington Post, Nov.
12, 2008). Take down a single host – McColo Corp. – and worldwide spam
levels drop by 2/3. Dang.
Study Shows How Spammers Cash In (BBC, Nov. 10, 2008). How
do spammers stay in business? Just one response in 12 million can be
Will the Real Spam King Please Stand Up? (MSN.com, Oct. 29,
2008). Most are in jail or dead, so that's good news.
Microsoft, Yahoo Form Alliance to Tackle Lottery Scams (NYTimes,
Oct. 28, 2008).
U.S. Authorities Shut Down One of the Largest Spam Operations in the World
(SiliconValley.com, Oct. 14, 2008). Go FTC!
Court Orders Spammers to Pay $236M to Iowa ISP (IT World, Oct. 7,
2008). The judge flat-out said he didn't believe Henry Perez and
Suzanne Bartok when they claimed their emails were "legitimately generated."
Good for the judge!
Pure Greed Led Spammer to Bombard Inboxes (MSNBC, Sep. 22, 2008).
Robert Soloway's off to prison. Be careful in the shower!
Virginia Ban On Spam is Ruled Unlawful
(Washington Post, Sep. 13,
2008). Yes, the Virginia Supreme Court declared
Virginia's anti-spam law unconstitutionally overbroad, and it looks like Jeremy Jaynes will avoid prison. But, the court's ruling is actually GOOD
news, for two different reasons. First, the court a) expressly said
Virginia's anti-spam law was overbroad because it wasn't limited to
unsolicited commercial email, b) expressly distinguished Virginia's law from
the laws of several other states that are limited to commercial email, and
c) basically invited the Virginia General Assembly to pass a more
narrowly-tailored law. Second, the court noted that while CAN-SPAM allows
the states to regulate falsity & deception in email, the court expressly
distinguished "falsity" from "fraudulent"... the latter requires reliance,
the former doesn't. Which is a big ol' slap-in-the-face to courts that have
rejected plaintiffs' claims because plaintiffs didn't click through and
"rely" on the falsity in the spam... the C.D. Cal. court did exactly that in
Kleffman v. Vonage... In one paragraph the Kleffman court quotes CAN-SPAM's "falsity and
deception" language and then -- incorrectly -- moves right to the idea that
Congress intended the states to only be able to regulate traditional,
tort-type fraud. Nope!
Reduction Legislation Sent to Governor (Press Release from Assembly
Member Jared Huffman, Aug. 18, 2008). Well, the new law isn't
quite as strong as we had hoped, but it's better than where we are now.
It passed the Legislature. Let's hope Gov. Schwarzenegger signs it, so
California can regain its proper place at the forefront of the battle
against unlawful spam.
Brooklyn Man Sentenced to 30 Months in Prison in AOL Spam Case (CNNMoney.com,
July 15, 2008). Bye-bye Adam Vitale.
International Spam Operation Settle FTC Charges; New Canadian Defendants
Identified (FTC.gov, July 15, 2008). Fake from addresses,
deceptive subject lines, no opt-out links, no physical mailing address, and
oh yeah, bogus hoodia weight loss crap. Defendants are Spear Systems
Inc., Bruce Parker, Lisa Kimsey, and Xavier Ratelle dba eHealthyLife.com.
[Washington DC] Council Passes Spam Deterrence Act (Office of
Councilmember David A. Catania, July 1, 2008). Seems that DC
doesn't have much of a long-arm jurisdiction, since the bill gives consumers
the right to fight back only if the spammer resides in DC.
Still, a nice symbolic gesture that our nation's capital believes that the
federal CAN-SPAM Act ain't doing the job.
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
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
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
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
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.
2950 is sponsored by
Assembly Member Jared Huffman, and
– inexplicably –
currently opposed by the American
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.
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
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!
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).
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
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
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,
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
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.
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
Saving 'Spam': Hormel's Fight to Protect its Famous Product's Name
News, Mar. 2, 2007). Hormel sues Spam Arrest for trademark
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.
Federal Regulators Slap Adware Company with $1.5 Million Fine
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.
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).
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
[Michigan Attorney General] Cox Files Criminal and Civil Cases Against
Corporate Spammers E-Mailing Children. (Michigan A.G. Press
Release, Aug. 16, 2006). That would be Datastream Group Inc.
of Bonita Springs, Florida and RR Media Inc. of Cathedral City,
Plot to Hijack Your Computer (Business Week, July 17, 2006).
Because spyware is annoying too.
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).
Slams Spammer in Pocketbook (Federal Trade Commission, Mar. 23,
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).
to read the Court's Opinion and Order.
Suspect in Federal Spam Case Pleads Guilty (CNN.com, Jan. 18,
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)
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.
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.
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.
Spammer Flames Out (Business Week, July 18, 2005).
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.
Harpoon a Cyber Shark (Business Week, June 13, 2005).
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).
on Spam is Still Loose (Business Week, Feb. 7, 2005).
Settles FTC Charges (FTC, Feb. 3, 2005). That website would
be Sobonito Investments Ltd.
Texas Sues Alleged Spammers for Millions (MSNBC, Jan. 13,
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
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,
Anti-Spammers on Attack (Internetnews.com, Sep. 24, 2004).
Dozens Charged in Push Against Spam and Scams (NY Times, Aug.
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,
British Teen Spams Former Bosses, Gets Arrested (News.com, July
Mass. AG Suit is First Using Anti-Spam Law (Boston Herald, July
Spam Breakthrough Splits Industry (Internet Works, June 2004).
FTC Mulls Bounty System to Combat Spammers (MSNBC, June 30, 2004).
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,
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
California Anti-Spam Law and the
Spambusters (Boston Globe,
October 5, 2003).
Confessions of a Spam King
(New York Times, September 28, 2003).
California Anti-Spam Law enacted. Read about it in:
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).
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
September 27, 2002).
Anti-Spam Legislation Opposed by Powerful Penis-Enlargement Lobby (The
Onion, July 17, 2002).