nanog mailing list archives

Re: EarthLink eats spammers for lunch


From: Wayne Bouchard <web () typo org>
Date: Thu, 8 May 1997 23:38:45 -0700 (MST)

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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Wayne Bouchard                             GlobalCenter
web () primenet com                           
Primenet Network Engineering               Internet Solutions for
(602) 416-6422   800-373-2499 x6422        Growing Businesses
FAX: (602) 416-9422
http://www.primenet.com                    http://www.globalcenter.net
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