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7th circuit court ruling in e360 v. Spamhaus

Mickey has some commentary and the full ruling up on Spamsuite. In short the appeals court affirmed the default judgment, vacated the judgment on damages and remanded the case back to the lower court to determine appropriate damages.
There are a couple bits of the ruling that stand out to me and that I think are worthy of comment.
Spamhaus made a very bad tactical decision by initially answering and then withdrawing that answer. The appeals court ruled that action signaled that Spamhaus waived their right to argue jurisdiction and that they submitted to the jurisdiction of the court. Based on this, the appeals court upheld the default judgment against Spamhaus. Not necessarily the outcome any of us wanted, but that doesn’t set any precedent for future cases unless defendants answer and then withdraw the answer. Specifically on page 12 of the ruling the court says:

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Garbage in… garbage out

Ken Magill (hereafter known as Mr. Stupid Poopypants) has a follow up article today on his article from last week about the Obama campaign’s mailing practices. While poking Dylan a bit, his message is that marketers really need to look harder at double opt-in.

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News snapshot

  • The judge in e360 v. Spamhaus has denied Spamhaus’ motion for dismissal. However, the judge also ordered that the 16 new witnesses be stricken and capped damages at the original $11.7M. Mickey has the order.
  • Tuesday the FTC announced it had shut down a major spamming operation. I am not sure the results are visible yet, yesterday there were 2041 spams in one of my mailboxes yesterday versus 2635 a week ago.
  • The FBI announced today it had infiltrated and shut down a international carding ring. While not directly spam related the phishers and carders work together and some of them use spam.
  • Rumor has it that many mailers are seeing problems delivering to AOL the last few days. It seems that AOL is making adjustments to their filtering system. As when any ISP changes filter rules and weights, some of the people just skirting by see delivery problems. What people are hearing is that if they are seeing delivery problems at AOL they need to improve their reputation.
  • Last week Yahoo had another online workshop with the mail folks. They have published a transcript of the talk. I was at the talk and there were only a couple spam related questions.

donhburger: Why does Yahoo sell our email addresses to spammers?
YMailRyan: We absolutely don’t sell your addresses to spammers. No IFs, ANDs, or BUTs about it.
imintrouble: My mom keeps emailing em but I never get it and usually it ends up in my spam box. Why? How do I make this stop? She’s getting pissed that I’m not replying.
YMailTeam: Oh no! Be sure your Mom is on your contact list– this should help keep mom out of spam box and put her back into your inbox.
buergej: Just why do I keep receiving the same kind of spam from a series of what appear to be women day after day after day?
YMailCarl: Spam is, unfortunately a constant problem for anyone using email. The reason you are receiving these emails is because spammers have somehow gotten a hold of your email address and are mailing you their lovely messages. There are several things you can do to assist with this. First, continue to report these messages as “Spam” by clicking the button at the top of the email labled “Spam”. Note that you don’t need to actually look at the message to do this. When you report items as spam it lets Yahoo! know that messages originating from that person are likely spam. This not only helps you, but helps other Yahoo! users as well.
YMailCarl: Second, if the emails are from similar names, you can set up filters in your email account to block those names and send them to your trash or spam folder.
YMailCarl: Obviously these messages you are receiving are not from women trying to sell you products personally – the messages are typically generated by a script which will try to forge or “spoof” the originating address.
YMailCarl: We agree that Spam is a serious issue and have many resources dedicated to fighting this problem.
YMailCarl: You can find some additional information about fighting spam here: http://help.yahoo.com/l/us/yahoo/mail/original/abuse/index.html
donhburger: Why when I mark Emails as Spam do I continue to get emils from the same persons?
YMailMaryn: When you mark a message as “spam” from within your Inbox that moves the message to your Spam Folder. And all subsequent messages that are sent from that particular sender will not be delivered to your Inbox, but will be delivered to your Spam Folder.

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