As if suing themselves out of business by going after Comcast and Spamhaus weren’t enough, e360 is now suing Choicepoint for breach of contract and CAN SPAM violations. As usual, Mickey has all the documents (complaint and answer) up at SpamSuite. This may actually be an interesting case. On the surface it is a contractual dispute. Choicepoint sold e360 40,000,000 data records containing...
Jon Leibowitz is slated to be appointed the new chair of the FTC as reported by Bloomberg and CNet. This may mean tougher regulations online. In the past Mr. Leibowitz has advocated that online advertisers move to opt-in for website cookies. This may signal his intention to put more control in the hands of the consumer. According to Bloomberg, Mr. Leibowitz has also “advocated more...
Eric Goldman published his notes on affiliate liability from his talk at SMX West. He mentions some cases where a company was sued under CAN SPAM. Unlike general legal statutes, where non-agents cannot create liability for a company, under CAN SPAM companies are liable for the actions of their advertisers. Despite this statutory difference, both the FTC and private litigants have had difficulty...
Today a California judge ruled against plaintiffs suing reunion.com. Venkat has blogged about the case previously, and has an analysis of the ruling. The crux of the case is reunion.com requesting users provide passwords to email accounts and then sending mail claiming to be from the user to all the addresses in the users address book. According to Mediapost: the plaintiffs alleged that these...
Mickey has been posting new documents in the e360 v. Spamhaus case. I’ve not had the time to read them, yet, but have seen some of the excerpts. Spamhaus is moving for summary judgment and moving to strike Mr. Lindhart’s testimony.
One common argument that spammers use to support their “right” to spam is that they have a first amendment right to free speech. My counter to this argument has always been that most networks are private and not government run and therefore there is no first amendment right involved. I have always hedged my bets with government offices, as these are technically government run and...
Mickey has new docs up at Spamsuite in the case between e360 and Comcast.
Ethan Ackerman posted a rather long analysis of the class action lawsuit filed against Reunion.com over at Eric Goldman’s Technology and Law Blog. Part of the case is related to Reunion.com’s scraping of address books, something I have discussed here before. The analysis goes through the case step by step and is well worth a read. There are a lot of issues being explored, including...
Mickey has copies of affidavits filed by David Linhardt and his lawyers all denying they were responsible for missing the court’s deadline.
When we last visited our intrepid litigants, Spamhaus’ lawyers had filed a motion to dismiss citing yet another failure by e360 to meet a court ordered discovery deadline. Let me set the stage. e360 misses deadline after deadline during discovery. They skip depositions. They stall and provide incomplete answers weeks or months after they are due. Finally, in mid-July the Spamhaus’...
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