Sunday, 26 October 2003

California wins anti-spam lawsuit

California Attorney General Bill Lockyer announced on Friday that his office had won the first-ever anti-spam lawsuit in the state. The court ordered defendant PW Marketing (and its owners) to pay "$2 million in civil penalties for violating state laws prohibiting unsolicited commercial email, false advertising and unfair business practices." It also entered an injunction against PW, prohibiting it from doing the following:

  • Sending unsolicited commercial emails.
  • Disguising their identity by sending email that appears to originate from an email address that is neither the actual address nor the address where replies can be received.
  • Sending emails that contain false or misleading information about the country or Internet mail server from where the advertisement is sent.
  • Accessing and using the computers, computer systems or computer networks of other persons or businesses without their permission or in violation of their terms of service.
  • Using false or misleading information to register for an email address, Internet service or Internet domain name.
  • Using, transferring or otherwise making available to other persons email address lists compiled for the purpose of sending spam.
  • For 10 years, owning, managing or holding any economic interest in any company that advertises over the Internet, without first providing written notice to the Attorney General.

Readers should note that California's anti-spam law will not take effect until January 2004 — so this judgment rests wholly on preexisting law.

Posted at 2:29:03 PM | Permalink

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Topics: Cybercrime, Cyberlaw, Spam
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