Judge rules in favor of spam-tracking website
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Saturday October 21, 2006
A judge has ruled in favor of The Spamhaus Project, a spam-tracking website that an e-mail marketing company was trying to take offline, National Journal's 'Technology Daily' reports.
"According to U.S. District Judge Charles Kocoras, e360 Insight was too broad in its request to suspend Spamhaus' domain," writes David Hatch. "Neither the domain overseer, the Internet Corporation for Assigned Names and Numbers, or Tucows, the domain registry that Spamhaus used to obtain its address, should be involved in the case, the judge ruled."
The marketing company whose request was denied described the ruling as "a devastating loss of personal freedom for all U.S. citizens" on its own site. "If the court cannot prevent Spamhaus from violating its order, then Spamhaus will continue to censor and control what e-mail messages Americans can receive."
Excerpts from the subscription-only article follow...
In September, e360 Insight won an $21.7 million judgment against Spamhaus in an Illinois district court. The ruling called for Spamhaus to remove e360 from its blacklists and post a notice stating that e360 Insight is not involved in sending junk mail.
That month Spamhaus also said it was "concerned at how far a U.S. court will go before asking itself if it has jurisdiction" and planned to contest the ruling. The organization still holds that e360's e-mail offerings are spam.
As a result of Spamhaus' lack of action since the judgment, e360 sought the suspension of Spamhaus' domain. It also asked the federal court to prevent third parties from accessing Spamhaus' blocking technology and requested a daily monetary sanction against the organization.
According to Walton [Timothy James Walton, a lawyer who specializes in spam], many people "believe that e360 is a spammer and [is] suing Spamhaus because" the company disrupts its business. "Spamhaus has the right to do what they are doing," he said, "and e360 is wrong to complain about it."