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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ROKSO

ROKSO is the Register of Known Spamming Operations. It is a list of groups that have been disconnected from more than 3 different networks for spamming. ROKSO is a little bit different than most of the Spamhaus lists. The listings themselves talk more about the background of the listees and less about the specific emails that are the problem.
Many ISPs and ESPs use ROKSO during customer vetting processes.
Networks can be listed on ROKSO without any mail being sent from those networks. These listings are as much about just categorizing and recording associated networks as they are about blocking spam.
Spamhaus does not accept delisting requests for ROKSO records. In order to be delisted from ROKSO there must be a 6 month period with no spam traceable to the ROKSO entity. After that 6 months the listee can petition for a review of the record. If the spam has stopped their record is retired.
In my experience there is often a lot of research put into each ROKSO record and not all that information is made public.
The only time a record is changed is if Spamhaus is convinced they made a mistake. This does happen, but it’s not that common. Given the amount of research that goes into a ROKSO record, there is a fairly high burden of proof to demonstrate that the information is actually incorrect.
It is possible to get delisted off ROKSO. In all of the cases I know about, the listed entity either got out of email altogether or they radically changed their business model.

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Spamhaus answers marketer questions

A few months ago, Ken Magill asked marketers, including the folks at Only Influencers to provide him with questions to pass along to Spamhaus. Spamhaus answered the first set in March, but then were hit with the Stophaus attack and put answering further questions on hold. Last week, they provided a second set of answers and this week they provided a third.
Nothing in there is surprising, but it’s worth folks heading over and reading.
There are a couple useful things that I think are worth highlighting.
When discussing spamtraps and how Spamhaus handles the traps.

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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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