The FTC announced today they will be publishing clarifications to CAN SPAM in the near future. According to the FTC The new rule provisions address four topics: (1) an e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page...
Eddie Davidson was sentenced yesterday to 21 months in jail for falsifying headers and tax evasion. Sanford Wallace (the spammer that prompted me to start figuring out how to read headers) lost his suit with MySpace for failure to comply with court orders and failing to turn over documents. Scott and Steve Richter are in the Washington Post today in an article discussing hijacked IP space...
It has been one of those weeks here and there have been a couple legal things that have come up that I have not had the time to blog about. One is a post over on Eric Goldman’s blog by Ethan Ackerman discussing the Jeremy Jaynes case. It is quite an info heavy post, but well worth a read. In addition to not having the time to fully read Ethan’s post and understand the legal subtleties...
Yesterday Judge Zagel ruled on Comcast’s motion for judgment on the pleadings. I think the tone of the ruling was clear in the first 3 sentences. Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer In the end, the judge ruled that Comcast has immunity for their...
I’ve been working on a document discussing laws relevant to email delivery and have found some useful websites about laws in different countries. US Laws from the FTC website. European Union Laws from the European Law site. Two documents on United Kingdom Law from the Information Commissioner’s Office and the Data Protection Laws. Canadian Laws from the Industry Canada website...
Today I have a copy of the e360 briefing on Comcast’s motion for judgment on the pleadings. On a superficial level, the writing of e360’s lawyers not as clear or concise as that of the Comcast lawyers. When reading Comcast’s writings it is clear to me that the lawyers have a story to tell and it has a beginning, a middle and an end. They take the reader through the setup, then...
A couple weeks ago I posted about e360 suing Comcast. The short version is that e360 filed suit against Comcast to force Comcast to accept e360’s email. Comcast responded with a motion for judgment on the proceedings. This motion asked the judge to rule on e360’s case without going through the process of discovery or depositions or all the normal wrangling associated with a legal case...
Many of my clients come to me when they end up with delivery problems due to the actions of affiliates. These can either be listings in some of the URL blocklists (either public or private) or escalations of IP based listings. In many of the cases I have dealt with affiliates, the affiliates have sloppy mailing practices or are out and out spammers. Recently the FTC settled with Cyberheat over...
Yesterday, I talked about e360 filing suit against Comcast. Earlier this week, Comcast responded to the original filing with some filings of their own. Response to the original complaint and affirmative defense. Motion for judgment on the proceedings Memo of law supporting the motion for judgment In this set of filings, Comcast argues that even if everything e360 says is true, they are doing...
A few weeks ago I very briefly touched on the recent lawsuits filed by e360 against Comcast and a group of anti-spammers. In the Comcast suit (complaint here) e360 argues that Comcast is unfairly and incorrectly blocking e360’s email and are liable for damages to e360’s business. They have a number of claims, including Comcast cannot block e360’s mail because it is CAN SPAM...
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