I’ve seen multiple reports of Tagged.com and their interactions on various sides of the courtroom aisle. On the good side, Tagged.com won a judgment against a spammer sending spam to Tagged.com users. (Tagged has a post on their blog about the win, but the direct link to that article doesn’t work). On the minus side, yet another ruling against tagged.com. They’ve been accused of...
Mickey has the full docs of the settlement, and talks about the implications of the confession of judgment.
e360 initially filed suit against Comcast early in 2008. They asserted a number of things, including that Comcast was fraudulently returning “user unknown” notices and that they were certified by ReturnPath. Comcast filed a countersuit alleging violations of CAN SPAM, violations of the computer fraud and abuse act, as well as a number of other things including abuse of process. In...
Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want...
A federal grand jury in Dallas returned an indictment this week charging 19 individuals with conspiracy to commit wire and mail fraud. 15 of the defendants are charged with email fraud. All in all, these defendants are accused of defrauding various companies, from telcos to web developers, of $15,000,000. [I]f convicted, the conspiracy charge carries a maximum statutory sentence of 30 years in...
A anti-spam bill was passed out of committee Monday in Canada. Other than chatting over drinks with a large contingent of Canadians, I haven’t followed the story too closely. However, Matt V. has a detailed summary of the bill at EmailKarma.
Have a great weekend.
Late last week RPost sued Goodmail for infringing two patents. One patent authenticates content and delivery of documents. The second verifies the message was received by the recipient. Patent #6,182,219: Apparatus and method for authenticating the dispatch and contents of documents. Apparatus and method for authenticating that a sender has sent certain information via a dispatcher to a recipient...
There has been some press about political spam recently. People are receiving email from the White House that they have not opted into. At a recent press conference a reporter challenged the press secretary to defend the practice. Chris Wheeler over at Bronto blog points out that CAN SPAM doesn’t apply as this is political mail, and CAN SPAM only covers commercial email. He also notes that...
Last week, the state of Maine passed a law prohibiting marketing using personal information to minors without verifiable consent from a parent or guardian. From what I understand, this law started out as a prohibition on using health information for marketing and expanded to any personal information. The law defines personal information as: 4. Personal information. “Personal...
Eric Goldman reviews the appeals court decision in Gordon vs. Virtumundo. This case is exceedingly interesting and important because it destroys the arguments of anti-spam plaintiffs trying to manufacture technical violations of CAN-SPAM for their profit. Not only does the opinion send an unmistakable message to the lower courts to toss these plaintiffs out on their keister, but it sends the...
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