[9222] in North American Network Operators' Group
Re: EarthLink eats spammers for lunch
daemon@ATHENA.MIT.EDU (Wayne Bouchard)
Fri May 9 02:47:33 1997
From: Wayne Bouchard <web@typo.org>
To: rbenn@clark.net
Date: Thu, 8 May 1997 23:38:45 -0700 (MST)
Cc: nanog@merit.edu
In-Reply-To: <33708CB2.2DC6@clark.net> from "Randall S. Benn" at May 7, 97 10:07:46 am
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.
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Primenet Network Engineering Internet Solutions for
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