From: Cu Digest (tk0jut2@mvs.cso.niu.edu) Subject: Cu Digest, #9.84, Sun 16 Nov 97 Computer underground Digest Sun Nov 16, 1997 Volume 9 : Issue 84 ISSN 1004-042X Editor: Jim Thomas (cudigest@sun.soci.niu.edu) ------------------------------ Date: Fri, 17 Oct 1997 18:19:13 GMT From: owner-cyber-liberties@aclu.org Subject: File 5--Cyber-Liberties Update, October 17, 1997 Cyber-liberties Update October 17, 1997 Recent Lawsuits Against Spammers As netizens continue to grapple with how to put an end to the unpopular practice of sending mass unsolicited e-mail, otherwise known as spam, the following lawsuits have been recently filed: BigFoot Partners, L.P. v. Cyber Promotions, Inc. (S.D.N.Y. filed Oct. 6, 1997).=20 Internet Service Provider (ISP) BigFoot Partners filed a million dollar lawsuit this month against the bulk unsolicited e-mail (or "spam") company, CyberPromotions, for sending thousands of messages and falsely indicating that the SPAM had been sent by the ISP. The complaint alleges that CyberPromotions intentionally falsified the domain name and the electronic return address so that the messages appeared to originate from BigFoot thereby infringing BigFoot's trademark, committing computer fraud, violating the Electronic Communications Act, 18 U.S.C. Section 2701, misappropriating of identity and libel among other theories. BigFoot seeks an injunction to stop CyberPromotions, $1 million in damages and punitive damages.=20 America Online, Inc. v. Over the Air Equipment, Inc. (E.D. Va. Oct. 1997) . In an attempt to protect its Internet service subscribers, America Online (AOL), has filed suit against a company that allegedly sent thousands of unsolicited e-mail to users to encourage them to visit pornographic web= sites. The suit against Over the Air Equipment, a Las Vegas bulk e-mail company alleges several counts of fraud, misappropriation, Lanham Act violations and that AOL suffered harm to its reputation and business interests. Snow v. Doherty, No. 97-CV-0635(RM) (N.D. Ind. complaint filed Sept. 22, 1997) This pro se complaint alleges that the defendant, a commercial spammer, violated the Telephone Consumers Protection Act of 1991 by sending him unsolicited e-mail messages and forcing him to incur the costs related to unsolicited commercial email.=20 According to the complaint, the expenses plaintiff incurred actual expenses by way of increased connection time and additional download time to download unsolicited email from the defendant.=20 Under the TCPA it is unlawful for "any person within the United States to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine." In addition the TCPA 47 U.S.C. 227(b)(3) authorizes lawsuits by individuals to enjoin senders of unsolicited advertisements, recover actual damages or $500.00, whichever is greater and an individual may receive treble damages if the court finds that the sender "knowingly or willfully" violated the prohibitions set forth in the Act.=20 Typhoon, Inc. v. Kentech Enterprises, No. CV 97-6270 JSL (AIJx) (S.D. Cal. Sept. 1997) (partial settlement). A Japanese ISP, Typhoon, Inc. received a permanent injunction against a company which sent thousands of messages to numerous Internet users through computer equipment owned by the plaintiff without authorization. The lawsuit alleged that the defendants falsely displayed Typhoon's return e-mail address, domain name and trademark. The injunction states that as a result of the spam e-mail messages, Typhoon was defamed, suffered misappropriation of its name and identity, misappropriation of its trademark, was trespassed against, had its services stolen, and was required to spend substantial time and money sorting through e-mail messages that could not be delivered. =09 Parker v. C.N. Enterprises (Tex. Travis County Dist. Ct. Sept. 17, 1997). A Texas Court has entered a temporary injunction against a California resident and his company, prohibiting further spamming of the Internet without consent. The lawsuit, filed by Internet author Tracy LaQuey Parker, who owned the rights to the domain name flowers.com alleged that the defendant used her domain name to fraudulently distributed mass unsolicited e-mail. Parker received thousands of return messages as a result of the defendant's use of her address, preventing her from accessing her Internet account for hours and temporarily shutting down her Internet service provider's mail servers. =20 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ About Cyber-Liberties Update: ACLU Cyber-Liberties Update Editor: Cassidy Sehgal (Cassidy_Sehgal@aclu.org) American Civil Liberties Union National Office 125 Broad Street, New York, New York 10004 To subscribe to the ACLU Cyber-Liberties Update, send a message to majordomo@aclu.org with "subscribe Cyber-Liberties" in the body of your message. To terminate your subscription, send a message to majordomo@aclu.org with "unsubscribe Cyber-Liberties" in the body. The Cyber-Liberties Update is archived at http://www.aclu.org/issues/cyber/updates.html Are you an ACLU member? To become a card carrying member visit the ACLU web site For general information about the ACLU, write to info@aclu.org. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Cassidy Sehgal |To receive the biweekly Cassidy_Sehgal@aclu.org |ACLU Cyber-Liberties Update http://www.aclu.org |email: majordomo@aclu.org http://www.gilc.org |body of message: |subscribe= cyber-liberties take the pledge: Lynn Decker Coordinator of Online Programs ACLU National Office 125 Broad Street, New York, NY See us on the web at and on America Online keyword: ACLU This Message was sent to cyber-liberties