mainsleazespam.com: CAN-SPAM Lawsuits

Law Suits Resulting from the "You CAN-SPAM Act"

    Lawsuit Filed by Brian Haberstroh aka Atriks Inc aka Distributed Mail Corporation
    The following statement was posted on his anti-spam web site by Jay Stuler, and longtime anti-spam activist, in September, 2004.
    "Since at least April 2003 I have been receiving unsolicited bulk email (spam) from this group. As all spam experts will recommend, I complained to the ISP(s) supporting these spammers. As spamming is against the Terms of Service of almost every ISP, the spammers found themselves losing their accounts. They apparently are angry that spamming has become difficult for them and blame me."
    I believe this is a frivilous lawsuit designed to harass and intimidate. If I can be sued simply for complaining about spammers, then anyone can be.
         cart00ney.org. September 2004.
    [Ed. Note: As to Haberstroh's reputation as a major longterm spammer, simply read the extensive documentation at Spamhaus on his operation under the ROKSO listings. To be listed here, a spammer or spam operation has to have been thrown off of at least three ISPs for spam or spam related activies. That means the ISP tossed them off their services for breaching their user agreement/terms of service.
         Www.Spamhaus.org record for Brian Haberstroh/Atriks.

    smh.com.au. April 6, 2004.
    Hard-core spammers will be the main target when Australia's communications watchdog begins to enforce anti-spam legislation from Saturday.
    While penalties of $1.1 million a day will be reserved for prolific spammers, most complaints about spamming will be treated with a simple phone call, according to the Australian Communications Authority.
         Junk email laws apply

    Calgary Herald. April 3, 2004.
    His advertisements for penis-enlargement pills, promising an extra two inches in under ten days, clog the inboxes of millions of e-mail users around the world.
    But "spamming" is only a second calling for Davis Wolfgang Hawke. While still a student, the self-proclaimed white supremacist ran a neo-Nazi party called the Knights of Freedom. America Online (AOL) is now targeting the so-called "Spam Nazi" as part of a landmark suit by the main internet service providers.
         AOL targets the 'Spam Nazi'

    accountingweb.com. April 2, 2004.
    AccountingWEB.com - April 02, 2004 - A New York state man who sent millions of unwanted e-mail messages may spend up to seven years in prison after being found guilty of identity theft and forgery charges Thursday.
    Reuters reported that Howard Carmack was found guilty on 14 counts of identity theft and forgery. Carmack, known as the "Buffalo Spammer," was the first defendant to face charges under the state's new identity-theft statute, according to a spokesman for New York Attorney General Eliot Spitzer.
         Notorious Spammer May Spend Seven Years Behind Bars

March 10, 2004. Four Largest ISPs Turn the Lawyers Loose.
E-Mail Providers Slam Spammers . wired.com.
Big Internet providers sue to halt spammers. The Boston Globe.

March 4, 2004. Press Release on Law Suit.
Hypertouch Sues BobVila.com in Nation's First CAN-SPAM Case
Text as published in the newsgroup news.admin.net-abuse.email
Additional information is available at legal.hypertouch.com