ROKSO lawsuit settled

Earlier this year Ken Magill reported that a judge in the UK was allowing a libel case against Spamhaus to go forward. I thought for sure I’d blogged about the case at the time, but apparently I didn’t.
The short version is that today Spamhaus announced the lawsuit was settled and the complainants paid for Spamhaus’ legal fees.
As with most legal cases the details are complex and convoluted.  Let me try to sum up.

  • 2 people set up a company.
  • This company sends lots of unsolicited emails.
  • This company is disconnected from multiple service providers.
  • Spamhaus lists the 2 people, and their company information, on ROKSO.
  • The two individuals object to the ROKSO listing.
  • The two individuals bring a suit against Spamhaus for libel under UK law.
  • Spamhaus filed for summary judgement and/or dismissal.

All of the above happened mostly without any of us noticing. In late January, the judge published a ruling allowing the case to go forward.
The case is now settled. According to Spamhaus’ website their legal fees are being paid by the claimant. 
People have been trying to sue Spamhaus for years and have failed every time.

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Spamhaus recently announced a few years ago that they have discovered a company that is pirating various blocklists, relabeling them and selling access to them. Not only is the company distributing the zones, they’re also running a “pay to delist” scheme whereby senders are told if they pay money, they’ll be removed from the lists.
The fake company does remove the listing from the fake zones, but does nothing to remove the IP from the original sender. This company has been caught in the past and was blocked from downloading Spamhaus hosted zones in the past, but have apparently worked around the blocks and are continuing to pirate the zone data.
It’s not clear how many customers the blocklist has, although one ESP rep told me they were seeing bounces referencing nszones.com at some typo domains.
No legitimate DNSBL charges for delisting. While I, and other people, do consult for senders listed on the major blocklists, this is not a pay for removal. What I do is act as a mediator and translator, helping senders understand what they need to do to get delisted and communicating that back to the blocklist. I work with senders to identify good, clean addresses, bad address segments and then suggest appropriate ways to comply with the blocklist requirements.

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Spammer prosecuted in New Zealand

Today (well, actually tomorrow, but only because New Zealand is on the other side of the date line) the NZ Department of Internal Affairs added a 3rd statement of claim against Brendan Battles and IMG Marketing. This third claim brings the total possible fines to $2.1 million.
Brendan is a long term spammer, who used to be in the US and moved to New Zealand in 2006. His presence in Auckland was noticed by Computerworld when a number of editors and staffers were spammed. When contacted by the paper, Brendan denied being involved in the spam and denied being the same Brendan Battles.
New Zealand anti-spam law went into effect in September 2007. The Unsolicited Electronic Messages Act 2007 prohibits any unsolicited commercial email messages with a New Zealand connection, defined as messages sent to, from or within New Zealand. It also prohibits address harvesting.
The Internal Affairs department also appears to be investigating companies that purchased services from Brendan Battles.

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