Judge Rules In Favor Of Spamhaus 232
Waylon writes "U.S. District Judge Charles Kocoras has ruled in favor of The Spamhaus Project. e360 Insight responded on its homepage, saying the judge's ruling was 'a devastating loss of personal freedom for all U.S. citizens'. As opposed to shutting down a voluntary service which tries to mitigate the millions of unsolicited emails that e360 Insight pumps out every single day." From the article: "In his order, Judge Kocoras wrote that the relief e360insight sought is 'too broad to be warranted in this case' and that suspending the domain name would 'cut off all lawful online activities of Spamhaus, not just those that are in contravention' of the default judgment. He also called e360insight's motion one that 'does not correspond to the gravity of the offending conduct.'"
"a devastating loss of personal freedom for..." (Score:5, Insightful)
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I'm not sure if the judge moonlights as an amateur comic, but his ruling sure cracked me up. Hope e360 burns up more of their money getting denied satisfaction by the legal system.
I heard spamhaus got flooded with examples of spam from e360...maybe someone should put together a consortium of those people to go sue e360 for abuse and then ask for their domain registrar to suspend their domain. Now, that would be funny.
Re:"a devastating loss of personal freedom for..." (Score:5, Insightful)
Well, they are the ONLY Real Time Black list on the internet, which of course is the ONLY anti-spam measure available to mail admins, and I'm pretty sure email traffic volumes are orders of magnitude larger than other protocols, such as http & Bitorrent.
So yeah, I agree with Slashdot in agreein with Spamhaus on the horros to be unleashed if this order had gone through.
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Re:"a devastating loss of personal freedom for..." (Score:5, Funny)
(This is fun! Now someone do a libertarian one!)
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Go to the source (Score:2, Funny)
Re:Go to the source (Score:5, Insightful)
Un-bloody-real
Well, they can contact me at dream-freaking@on.com - that's the one I gave when I posted the following comment to what they had on the link supplied:
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Re:Go to the source (Score:5, Insightful)
Well, yeah; presumably they think you want to contact them so as to set up a dialogue with them, not a monologue. They may be stupid, no good lowlife spamming shits, but expecting an email address as part of a contact form is perfectly reasonable. (Not that I'd give them mine, of course, but that's beside the point)
Well, they can contact me at dream-freaking@on.com
This was one of my biggest pet hates a couple of years ago - people using syntactically-legal addresses on real domains that are nothing to do with them. Same goes for the guy who used an address at yeahright.com, which is also a registered domain.
What if that's an actual, valid email address and you've just condemned some poor schmuck to even more spam? If you wouldn't trust a site with your own email address, don't trust it with a potentially valid one either; use a "fake but possible" tld (such as
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But unlike "all good spammers", don't use a valid domain; some of us are tired of getting 1500+ emails per day because some idiot decided to use our domain in their spoofed addresses.
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The question is what extent is Spamhaus' liability? On one hand they mearly maintain the list of know spam IP and domains.... they don't run the ema
Re:Go to the source (Score:5, Funny)
Re:Go to the source (Score:5, Insightful)
Re:Go to the source (Score:5, Funny)
Re:Go to the source (Score:5, Informative)
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I'm wishing I had a Pacer account.
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"This matter comes before the court on the motion of Plaintiff e360 Insight, LLC ("e360"), for a rule to show cause why Defendant The Spamhaus Project ("Spamhaus") should not be held in contempt for failure to comply with the injunction issued by this court on September 13, 2006.
Spamhaus has not appeared to defend the allegations against it in this case, but on October 13, 2006, it filed a notice of appeal in the Seve
Loss of personal freedom (Score:5, Funny)
It's true! Our constitutional right to not be able to get a dns lookup on spamhus.org has been torn away from us. Why oh why does Judge Kocoras hate us so much?
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Finally common sense, thank you (Score:5, Interesting)
All i have to say about it after seeing 568 messages today in my mailbox. Yes, 2 is a valid mail, the rest is buy viagra and get a college degree scam.
cheers
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College degree Scam??? You mean I am not really a Ph.D.?
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Actually it is usually the case that common sense prevails under the law. However, that makes for a dull story and doesn't make the news.
GMAIL FTW! (Score:2)
I'd rather not have the other 97% filled with spam.
Good call
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Just how do you arrive at that conclusion? It's a blocklist that doesn't block shit if you (or your ISP) don't use it. They make that claim because there are a lot of mail admins that do use it. You are making the same assumption the spammers like this one are making. They don't block at the sender but at the receiving side. Spamm
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MUA -> Local server -> central corporate server -> outbound gateway -> MX as firewall -> delivery server.
Just that most of these are either internal, or carefully control who can use them for relaying.
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Re:GMAIL FTW! (Score:4, Interesting)
"You are currently using 839 MB (30%) of your 2776 MB."
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Gmail doesn't simply delete spam, it puts directly in a spam "folder", where it sits for 30 days before being automatically deleted. All that spam you've redirected is sitting there waiting for you, most of it probably tagged "spam". The number above tells us absolutely nothing about gmail's spam-catching abilit
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Damned activist judges... (Score:5, Funny)
What?
Spam? Yeah, it is good with a little cheese and...
Oh, THAT stuff!? Those guys need to be publically whipped and castrated! There ought to be a law that protects decent citizens from all that perverted material arriving in your mailbox without asking. I mean, one visit to whitehouse.com, fill in one little form and give 'em one little credit card and all of a sudden I get this crap in my mailbox! What if my kid opens my email?
Won't somebody please think of the children?
Re:Damned activist judges... (Score:4, Funny)
More at stake than just SPAM... (Score:5, Insightful)
Re:More at stake than just SPAM... (Score:5, Interesting)
We live in interesting times.
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I think you mean rulings. Courts rule, and Legislatures, well, legislate.
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Judges already ruled that SPAM has no stake in this at all. Now if you're talking spam...
The straight dope (Score:5, Funny)
Lindtard, e360 insight lawyer, actually LIED to the court by stating that Spamhaus did business in Illinois. This is patently false.
Spamhaus has stated such to the judge, but the judge chose to ignore that advice and press forward with the case.
Upon seeing that it would not be able to get heard by the court, Spamhaus wisely decided to withdraw completely. Being based in Britain, Spamhaus would not be bound by any judgment that would arise, and since the court chose to be bamboozled by the chickenboning spammers, the judgment rendered would be of no value anyways.
The judge ruled in favour of the plaintiff by default, but such a judgment is ineffective as US judgments do not apply to the UK.
The case redux came about when chickenboning Lindtard drew an amazingly broad order that the judge refused to enterinate, as being "far too broad in regard to the violation effected".
However, given the potential disruption if Spamhaus.org would be suspended, a prominent Chicago law firm has offered it's services pro-bono.
So we can expect the chickenboning Lindtard's gang of e360 insight to have their gonads flattenned pretty quick by the court pretty soon (if not by Angel's Anvil Delivery Service)...
Let this be a warning to spammers: YOU CHICKENBONERS CANNOT EXPECT TO WIN, AND AS PEOPLE ARE GETTING MORE AND MORE TIRED OF YOUR SHENANIGANS, YOU CAN BE EXPECTED TO BE HUNTED AND SEE YOUR SPAMMING OPERATIONS KILLED PRETTY MUCH EFFECTIVELY.
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Re:The straight dope (Score:5, Insightful)
Re:The straight dope (Score:5, Insightful)
Actually, even if the judge ordered ICANN to suspend their domain, ICANN would not be able to comply, because it is not within ICANN's power to do so.
The judge could order the registrar to pull the domain though.
The amount of power the US could potentially have over the Internet is rather frightening
The US has minimal power over the internet. The internet is a set of standards for computer networks. The US has some power over some domain names because the companies that manage these domain names are located in the US.
And should the US abuse its position, I'm sure other countries will compensate. Why does ICANN have such power? Because internet users say that they do. Why are the DNS roots authoritative? Because internet users say that they are. Should a critical mass of internet users disagree, then they lose this power.
Despite all the bitching about ICANN, generally speaking, they do a decent job. Certainly far better than the UN/ITU proposals to bring it under the control of the dictator's debating club on the east river.
No jurisdiction. (Score:2)
against a non-party to a case.
In California, that is why there is a joinder in divorce cases, to get the pension plans and such to be subject to the orders of the court.
Re:The straight dope (Score:5, Interesting)
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--dave
Re:The straight dope (Score:5, Informative)
Dave Linhardt is e360. It's a one-man shop. Just another ranting chickenboner -- you should have seen him carry on on NANAE. I can't wait to see him try to collect his precious judgement in a UK court.
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Except, of course, if the people ever do any business in the US. And for anybody involved in computers, that's kind of hard to avoid. Viz the arrest of a transit passenger running an on-line gambling site legally, outside the US.
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"Prices are quoted for convenience in US Dollars. UK/European VAT Residents need to add UK VAT at 17.5%. Data Feed is a service supplied and maintained by an independent contractor licensed by The Spamhaus Project to sell and provide access by subscription to Spamhaus DNSBL data."
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Because far more people know the conversion rate from their currency to US dollars than do to UK pounds?
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Why (Score:2, Insightful)
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But when we (and
There are many scavenger occupations
Re:Why (Score:5, Funny)
Yes: a good rifle.
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That's your problem right there. They put together a database of *reported* spammers. Our local newspaper was erroneously put on a blacklist for spamming. In order to be removed they had to donate $50 to an approved charity. The *only* charity on the list? That's right, spamhaus's legal defense fund.
I don't use blacklists because the people who run them are extortionists.
Bullshit (Score:2)
Spamhaus doesn't charge (or require "donations") to be delisted.
Provide some proof for your absurd assertions, or STFU.
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But that was annoying. The lists should expire IP addresses after a period of time [1 day-1 month or whatever]. This was the only list that we experienced this problem wi
The important thing to take away from this (Score:5, Funny)
You will notice that, at the bottom of the page, there is a contact us type button.
I think we've all learned something important here today.
Re:The important thing to take away from this (Score:5, Funny)
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I found it delightfully ironic.
My mail server uses spamhaus. I gave went ahead and gave it to them.
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Ruling against Spamhaus still stands... (Score:5, Informative)
Re:Ruling against Spamhaus still stands... (Score:5, Interesting)
Yes, they got a judgment against Spamhaus. Judgments are meaningless if they aren't enforceable. Good luck enforcing it in the USA, since Spamhaus does not do business in the USA and has no assets in the USA to seize.
While some foreign judgments are enforceable in the UK, e360insight will have to go to a UK court and explain why their default judgment is valid, and why US law applies to a UK company which does no business in the USA. And since they're now in the UK, e360insight will have to explain why they are violating UK law relating to spam.
Highly unlikely to be enforced.
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Careful here. They DO have assets in the USA.
From http://www.spamhaus.org/faq/answers.lasso?section= Spamhaus%20SBL [spamhaus.org]
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Update on botnet spammer (Score:5, Informative)
Marginally irrelevant, but good news on spam: Update on Jeanson James Ancheta, botnet spammer. [slashdot.org] The short version: he's now Federal inmate number 32392-112 at the California City Correctional Institution.
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GOOD! (Score:2)
Spamhaus should have said "no jusrisdiction" (Score:2, Insightful)
I hope to hell they're able to avoid the default judgement in any case, but from what it looks like they successfully fought the Illinois filing (by arguing that they weren't in Illinois, and getting it moved up to the Federal level... not that they're in
"Contact us" script on E360Insight is a joke (Score:2, Informative)
http://www.e360insight.com/contact.php [e360insight.com]
Note to E360INSIGHT: FUCK YOU (Score:4, Interesting)
There is a very hot spot for you in hell someday.
This decision has nothing to do with Freedom of Speech, it's about scum spammers taking advantage of the legal system.
Spammers: Die In A Fire.
Spamhaus: Keep doing a good job.
For those that think I'm trolling, look at my slashdot ID number, I've been around a long time.
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Newbie.
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You misspelled that... (Score:3, Funny)
This ruling is PRO freedom of speech (Score:4, Insightful)
This is a win for those who believe in property rights.
My servers. My rules.
Re:This ruling is PRO freedom of speech (Score:5, Informative)
1st admendment is to prevent the GOVERNMENT from abridging your right to speech/expression. I can tell you to get off my servers all I want. I can ask someone else to filter your access to my servers as well.
The government CANNOT mandate that a filter be used however, but this is not the case here.
Tom
Meth addicts - please read! (Score:5, Funny)
Anyone hooked on meth tonight and feel like making a few phone calls?
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In New York State, it's harassment to call somebody 2 or more times between the hours of (I think) 11pm and 8am.
Not that they don't deserve it.
So don't do it.
Or if you do it, don't get caught.
They seem to be litigous SOBs.
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In New York State, it's harassment to call somebody 2 or more times between the hours of (I think) 11pm and 8am.
Yeah, so all you Slashdotters out there, don't call more than once, but at least call once. How many Slashdotters are there anyway? Just one page per Slashdotter should be plenty methinks.
outta curiosity (Score:2)
and if so is it using spamhaus's list???????
Open letter to e360Insight (Score:2)
Let me explain this first. Spamgourmet is an organistion that allows you to give out limited-use email aliases of the form anyname.n.yourname@spamgourmet.com.
-Anyname can be any alphanumerical string (i don't know how long, but be sensible).
-n stands for the number of emails that will be relayed to your own email account (called the "protected account").
-yourname is the alia
"Does not do business in Illinois" argument (Score:2, Informative)
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Excellent question. The question of where does a transaction occur is an old one, and there is a great deal of legal precedent to determine the answer.
Did your transaction take place in Iowa or the UK? Is Spamhaus in Iowa? Is Spamhaus licensed/registered to do business in Iowa?
I suggest following e360Insight's advice (Score:5, Interesting)
Dear Senator|Representative <XYZ>:
e360Insight, an American company, has recently sued Spamhaus, a British company, claiming that Spamhous's service, which lists the e-mail addresses and domain names of known spammers, has violated e360Insight's rights.
Spamhaus provides an invaluable service. Those of us responsible for administering e-mail services know and love the company. Though most users aren't aware of it, almost anyone who uses e-mail receives less unwanted e-mail because of Spamhaus.
e360Insight, as best I can tell from their website, is a major SENDER of unsolicited and/or unwanted SPAM messages. Their argument is incorrect because only individual e-mail administrators have the ability to block e-mail. Spamhaus has no such ability. We CHOOSE to use or ignore Spamhaus recommendations. If such recommendations compromised the e-mail service we provided, we would quickly stop using them due to user complaints.
A federal court has already ordered Spamhaus to pay $11.7 million (an unenforceable measure, since Spamhaus isn't in the US). e360Insight has also asked that Spamhaus's domain be shut down (which was was rejected by U.S. District Judge Charles Kocoras). Please encourage Judget Kocoras and any other federal judges involved to dismiss e360Insight's frivolously lawsuit and protect the rights of American's to use Spamhaus, a valuable service that makes e-mail a usable form of communication.
http://www.house.gov/ [house.gov]
http://www.senate.gov/ [senate.gov]
Why can't we shut them down? (Score:4, Interesting)
1.) file a class action lawsuit
2.) ask them to show their full "client" email list to a judiciary (under NDA maybe)
3.) check with recipients of randomly selected emails - if they really did ask to be sent all these "advertisements".
Re:Whew (Score:4, Insightful)
Plus you should never be rejecting from these lists anyway, just scoring and allowing your users to decide what should be rejected.
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I use the blacklists because it makes them happy, and they dont care if that single email is blocked, because only an idiot would rely 100% on email for something major.
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