Law
And the verdict is….
Spamhaus in a landslide. The 7th Circuit has issued its opinion in e360 Insight’s case against the Spamhaus Project. The award against Spamhaus was reduced to $3. That would be a dollar apiece for defamation, tortious interference with prospective economic advantage, and actual damages. e360 appealed the verdict claiming that the discovery sanctions that Judge [...]
Oral arguments in e360 v. Spamhaus
There were oral arguments yesterday in David Linhardt’s longshot of a lawsuit against Spamhaus. You can listen to the mp3 here. My impressions are that e360 is likely toast. In fact, I think that there is some chance, after hearing Judge Pozner refer to the damages case put on by e360 and it’s attorneys as [...]
Answering @drdigipol
Image via Wikipedia Al Iverson, my good friend, asked me to have a look at a question asked on Twitter by @drdigipol about DNSBLs and advocacy groups. Here’s the question (in case you don’t feel like following the link): Question re SPAM Blacklist Services: What r policies re advocacy orgs that send email not covered [...]
Email is about relationships
Did you know that it’s entirely possible to learn the wrong lessons? Well, it is. I use Zemanta to suggest possible links for blog posts. As I was writing yesterday’s blog post, a suggested link came up dealing with CAN-SPAM and the definition of “spam”. That link shows how some people just don’t get it [...]
The Legal Status of Feedback Loops
An interesting question comes in today: “Is it required by law to unsubscribe feedback loop complaints received by senders?” And I call it interesting because it’s a question dealing with legal status, and not best practices. So, today’s post gets a caveat: I am not an attorney licensed to practice in any jurisdiction and so [...]
Handling Unsubscribe Requests
Image via Wikipedia When someone wants off of your list what do you do? Obviously, the answer to that question is “remove them.” Just as important of a consideration is “How do you go about doing that?” Commercial email is an animal all to itself. If you have a falling out with your best friend, [...]
When is transactional mail not transactional anymore?
Image via Wikipedia An interesting question came across my desk this morning. Here’s the request from someone we’ll call “Joe”: I need some help understanding CAN-SPAM requirements. I represent a membership organization. From time to time, we send marketing message to our members and, of course, some of the unsubscribe from those messages. Now we [...]
Use Private Domain Registration and Go to Jail?
Image via Wikipedia As reported on Spamsuite, the 9th Circuit opinion in USA v. Kilbride, (9th Cir., 2009) has been released. This is primarily an obscenity case against the defendants for sending pornographic spam email. But, it also includes a challenge to 18 U.S.C. § 1037 on vagueness grounds. 18 U.S.C. § 1037 is the [...]
How Harmful is Jaynes?
In the long run, not very, and I anticipate that it will even be somewhat useful. As John Levine points out, the only real application of the Virginia Supreme Court’s decision as far as the Virginia statute at issue is to Jaynes himself. I’m not going to belabor the First Amendment section. It’s been covered [...]
You have NO Right to Privacy on the Internet
Doe et al. v. Ciolli, et al. is better known as the “AutoAdmit case”. This is a case brought by two women (Doe I and Doe II) against a group of people who allegedly engaged in libel against them on a website (AutoAdmit). If the allegations are true then the responsible defendants are really despicable [...]
