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EarthLink eats spammers for lunch


From: "Randall S. Benn" <rbenn () clark net>
Date: Wed, 07 May 1997 10:07:46 -0400

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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