[9142] in North American Network Operators' Group
EarthLink eats spammers for lunch
daemon@ATHENA.MIT.EDU (Randall S. Benn)
Wed May 7 10:25:36 1997
Date: Wed, 07 May 1997 10:07:46 -0400
From: "Randall S. Benn" <rbenn@clark.net>
Reply-To: rbenn@clark.net
To: nanog@merit.edu
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.
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Randall S. Benn rbenn@clark.net
Internetworking Consultant http://www.clark.net/pub/rbenn
CCIE #1637 Network design, analysis, installation & training
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