FacebookTwitter
Hatrack River Forum   
my profile login | search | faq | forum home

  next oldest topic   next newest topic
» Hatrack River Forum » Active Forums » Books, Films, Food and Culture » Judge Awards $1 billion in Spam Lawsuit

   
Author Topic: Judge Awards $1 billion in Spam Lawsuit
Dagonee
Member
Member # 5818

 - posted      Profile for Dagonee           Edit/Delete Post 
Article in eWeek:

quote:
AVENPORT, Iowa (AP) — A federal judge has awarded a Clinton Internet service provider over $1 billion in a lawsuit against companies that used the service provider's equipment to send spam, the Quad-Cities Times reported Saturday.

It's believed to be one of the largest judgments against companies accused of sending junk e-mails.

U.S. District Judge Charles Wolle ruled Friday that Robert Kramer's business, CIS Internet Services, was harmed by the unsolicited e-mails.

"It's definitely a victory for all of us that open up our e-mail and find lewd and malicious and fraudulent e-mail in our boxes every day,'' Kramer said.

Kramer is unlikely to ever collect the large judgment, which was made possible through an Iowa law that allows plaintiffs to claim damages of $10 per spam message, said his attorney, Kelly O. Wallace of Atlanta.

"We hope to recover at least his costs,'' Wallace said.

Kramer's lawsuit was originally filed in October 2003 against 300 defendants then known only as John Does.

Kramer's company, founded in January 1996, provides e-mail for about 5,000 subscribers in the Clinton vicinity. He started noticing an influx of spam being sent to his company's inbound mail servers in mid-2000. At one point, his Internet server received 10 million or more spam e-mails per day, according to Kramer and the judgment documents.

[Eek!] Not that they'll collect.

Dagonee

Posts: 26071 | Registered: Oct 2003  |  IP: Logged | Report this post to a Moderator
quidscribis
Member
Member # 5124

 - posted      Profile for quidscribis   Email quidscribis         Edit/Delete Post 
But still. Mighty cool. [Eek!]
Posts: 8355 | Registered: Apr 2003  |  IP: Logged | Report this post to a Moderator
fugu13
Member
Member # 2859

 - posted      Profile for fugu13   Email fugu13         Edit/Delete Post 
Ah, default judgements and RICO . . . Hmmmm, I should start looking at my spam . . .
Posts: 15770 | Registered: Dec 2001  |  IP: Logged | Report this post to a Moderator
Dagonee
Member
Member # 5818

 - posted      Profile for Dagonee           Edit/Delete Post 
RICO = triple damages, forfeiture, and attorney's fees if you can pull it off.

RICO seems fishy to me here, but who knows? It's the most flexible criminal/civil statute on the books.

Edit: By the way, email qualifies as use of the wires, so any fraud email is used "in connection with" is likely actionable in federal court. And wire fraud is a big RICO predicate.

Dagonee

[ December 19, 2004, 11:34 AM: Message edited by: Dagonee ]

Posts: 26071 | Registered: Oct 2003  |  IP: Logged | Report this post to a Moderator
James Tiberius Kirk
Member
Member # 2832

 - posted      Profile for James Tiberius Kirk           Edit/Delete Post 
0wned, n00bs.

--j_k

Posts: 3617 | Registered: Dec 2001  |  IP: Logged | Report this post to a Moderator
   

   Close Topic   Feature Topic   Move Topic   Delete Topic next oldest topic   next newest topic
 - Printer-friendly view of this topic
Hop To:


Contact Us | Hatrack River Home Page

Copyright © 2008 Hatrack River Enterprises Inc. All rights reserved.
Reproduction in whole or in part without permission is prohibited.


Powered by Infopop Corporation
UBB.classic™ 6.7.2