Spam judgment not covered by insurance

Earlier this month a judge ruled that two insurance policies held by Scott Richter’s Media Breakaway were not liable to pay $6M in damages awarded in a previous case.
Myspace initially sued Media Breakaway in 2007 for allegedly using phished Myspace accounts to send emails advertising Media Breakaway websites. In summer 2008 and arbiter ruled in favor of Myspace and against Media Breakaway. After the ruling, Media Breakaway attempted to have insurance cover the fine. The insurance company denied the claims so Media Breakaway took them to court. Media Breakaway lost.
Scott has been around in the email marketing arena for a very long time. He’s had multiple run ins with the law, including a 2003 felony theft charge for stealing a number of things, including a Bobcat loader and a 2004 suit brought against him by the NY Attorney General’s office and Microsoft for spamming and deceptive advertising. That court case bankrupted his previous company, OptInRealBig. Scott has also appeared on the Daily Show, in a side-splittingly funny story about spam and email marketing…. er… high volume email deploying.

The Daily Show With Jon StewartMon – Thurs 11p / 10c
Email Trouble
www.thedailyshow.com
Daily Show
Full Episodes		Political HumorJoke of the Day

Have a great weekend all. It looks like I’m going to get the blog carnival post out Wednesday or Thursday next week so if you have a late entry feel free to drop it to me before then.
HT: Venkat

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I get a lot of email. On a typical day I will get close to 2000 messages across my various work and personal accounts. About 60 – 70% of that mail is spam and caught by spamassassin or my mta filters and moved into mailboxes that I check once a day for false positives. About 15 – 10% of the remaining mail is from various discussion lists, and those are all sorted into their own mailboxes so I can keep conversations straight. The rest of the email is divided between mail directly to me and various commercial lists I have opted in to.
Up until recently, the commercial mail was all just dumped into my inbox. Nothing special happened to it it just sat there until I could read it. Recently, however, the volume of commercial mail has exploded, swamping my inbox. After losing track of some critical issues, I sat down and fixed my mail filters. Now, all my commercial and marketing mail (ie, mail I signed up for with tagged addresses) is now being filtered into its own mailbox.
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One: the volume of commercial mail has increased significantly. Companies who were previously mailing me once a month are now mailing me twice a week. This contributed to the clutter and resulted in me pushing all commercial mail out of my inbox. I don’t think this increase is limited to just my mailbox, I believe many recipients are seeing an increase in commercial and marketing email, to the point where they’re finding it difficult to keep up with it all.
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Twitter and some of the other delivery blogs are all abuzz today talking about the consumer survey released by MAAWG (pdf link, large file) looking at end user knowledge and awareness of email security practices.
The survey has a lot of good data and I strongly encourage people to look at the full report. There are a couple of results that are generating most of the buzz, including the fact that nearly half of the respondents have clicked on a link or replied to a spam email. Additionally, 17% of respondents said they made a mistake when they clicked on the link.
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