CategoryLegal

Fraud, terms of service and email marketing

Here at the Atkins house we’re still both recovering from the M3AAWG plague. I don’t know what it was that we shared during the conference, but it’s knocked many folks over. I don’t have a lot to blog about this afternoon so I was looking through some of my old blog posts to get at least some content up before I give up for the weekend. I found an old post about permission...

Hands off address books

Germany’s highest court has ruled that Facebook’s practice of harvesting email addresses from their users contact lists in order to send invitations to them constitutes “advertising harassment” and violates German law on data protection and unfair trade practices. This in response to a suit filed by the Federation of German Consumer Organisations (VZBV) What the judgment...

Still Spamming…

This morning I woke up to news that Sanford Wallace pled guilty to spamming. Again. Sanford was one of the very early spammers (savetrees.com). He moved to email from junk faxing when Congress made junk faxing illegal in 2005. He sued AOL when AOL blocked his mail. He lost and the courts maintained that blocking spam was not a violation of the sender’s rights. Sanford then moved on to using...

Another CASL fine

The Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Porter Airlines had agreed to pay a fine of $150,000 for violations of the Canadian Anti-Spam Law (CASL). After investigating the airline, CRTC found multiple violations of the statute. These violations include no unsubscribe link or the unsubscribe link was not prominent enough. Some of the messages at...

3 new CAN SPAM cases

Xmission, a Utah ISP, has filed suit against 3 companies alleging violations of CAN SPAM. The cases were filed in the Utah District Court in April and June. I’ve downloaded some of the documents and complaints and they are now in RECAP. I’ve also included the complaints here (and the links from here on out are almost all .pdfs of the court documents). Xmission v. Adknowledge (Case...

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...

Recipients need to be able to unsubscribe

The The Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Plentyoffish Media paid a $48,000 fine for CASL violations. According to the  CRTC news release, Plentyoffish Media was failing to allow consumers to unsubscribe from mail in compliance with CASL. CASL requires that any commercial electronic email message contain an easy and free unsubscribe mechanism...

Arrests in ESP data breach

The FBI announced today arrests of three people in the ESP data breaches from the compromises of various ESPs a few years ago. Krebs on Security: Feds Indict Three in 2011 Epsilon Hack Department of Justice: Three Defendants Charged with One of the Largest Reported Data Breaches in U.S. History After stealing over a billion addresses from 8 ESPs, the lists were monetized through affiliate...

CRTC fines Compu-Finder $1.1 million for CASL violations

The Canadian Radio-television and Telecommunications Commission (CRTC) is the principle agency tasked with enforcing Canada’s anti-spam law. Today they issued a Notice of Violation to Compu-Finder  including a $1.1 million dollar fine for 4 violations of CASL. The violations include sending unsolicited email and having a non-working unsubscribe link. According to the CRTC, complaints about...

This message cannot be considered spam

Every once in a while I get spam, usually from a foreign country, that contains the (in)famous Murkowski statement. The information contained in this e-mail transmission is confidential and may be privileged. It is intended only for the addressee(s) stated above. If you are not an addressee, any use, dissemination, distribution, publication, or copying of the information contained in this e-mail...

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