Spammer Mad That People Call Him A Spammer

A Chicago area spammer took London-based anti-spam outfit, Spamhaus, to court. E360 was mad that Spamhaus had added their ip addresses and names to a blacklist.

Internet service providers use these blacklists to unilaterally block incoming emails from known spammers.

In order to get themselves removed, E360 sent email after email to Spamhaus, requesting removal.

A Chicago Federal Court ruled that Spamhaus post a notice saying E360 is not a spammer, and ordered Spamhaus to pay E360 $11.7 million.

    NYT: “Spamhaus did not defend itself in the United States court case because it argued that the court lacked jurisdiction over a British group.

    Spamhaus said last week: “We are working with lawyers to find a way to both appeal the ruling and stop further nonsense by this spammer.”

E360 has replaced their main page with information about the suit. They offer an online for as a way to contact them, but not an email address. Apparently, they want to avoid receiving unsolicited messages.

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  1. So…DOES the Chicago Federal court have jurisdiction in the UK?

    Also, how does a private software solution warrant damages to this company…I mean, if people WANTED to receive emails from E360…they would just stop using Spamhaus.

    Hey Ben, if you can,why don’t you post Mr. David Linhardt’s contact information. There are a lot of Consumerists in the Chicagoland area…

  2. Apparently, they made their own wiki page…and were nice enough to include an email address on that page. dave@e360insight.com

    Also, this guy uses Moniker Privacy Services for ICANN registration, a notorious spam service provider, Moniker Privacy Services does not actually operate the sites but is simply the default registrant for its customers who, for whatever reason, want to operate anonymously.
    Read more here: http://news.zdnet.com/2100-1009_22-6025913.html

    For a supposedly legitimate, non-spam company, this guy sure is operating suspiciously.

  3. AcilletaM says:

    Supposedly dw_linhardt@yahoo.com and dlinhardt@gmail.com too according to comments on taint.org

  4. AcilletaM says:

    They have a post there about how the spammers are going after Spamhaus’ domain name.

    “A US-based spam gang has started legal action to have Spamhaus’ domain name confiscated by ICANN, and reportedly, Spamhaus may have been advised badly by their US legal people; so there is now a danger that they *may* indeed lose their domain, and possibly worse.”

  5. Triteon says:

    For those who understand these things, the motion can be found here.

  6. Sam Glover says:

    So…DOES the Chicago Federal court have jurisdiction in the UK?

    They may, depending on a number of factors. The more important questions is why Spamhaus never bothered to respond to E360’s complaint. I’m guessing they never got a copy.

  7. njsykora says:

    The court has no jurisdiction over Spamhaus and ICANN released a statement last week saying that they have no power to suspend the domain name, that power resides with Tucows (Spamhaus’ hosting provider) who are Canadian and therefore also outside the court’s power.

    As an added bonus, ICANN also said that even if they could suspend the domain, they wouldn’t.

    Spamhaus said that if somehow the domain was taken and they were shut down they wouldn’t continue.

    The Chicago Federal Court ladies and gents. Condemning you to gallons of spam.

  8. You can’t blame a court for issuing a default judgement. If you sue someone and they don’t turn up, then if your case isn’t completely batshit insane (and possibly if it is), you win.

    (Well, as far as I know, anyway; IANAL.)

    According to Spamhaus…
    http://www.spamhaus.org/legal/answer.lasso?ref=1
    …the Chicago court screwed up on top of this, but given the counterintuitive nature of many legal situations, I don’t know whether the court actually did get things wrong, or whether it just did what the law does.

    Anyway, if you decide to go to court in East Podunksville, Ohio to sue Boris Yeltsin for kicking your dog (OK, maybe some more plausible foreign national for some more plausible crime), you might well win, because the object of your suit would ignore it and not turn up. Unless the individual you sued came to your town (or at least to the USA), though, you’d have zero chance of getting him, her or them punished in any way.

    So yes, Spamhaus lost this suit, but it’s entirely fair to put “lost” in scare quotes, as in this handy summary:
    http://www.theinquirer.net/default.aspx?article=34415

    More depth:
    http://arstechnica.com/news.ars/post/20060915-7757.html

    Spamhaus page on the guy:
    http://www.spamhaus.org/rokso/evidence.lasso?rokso_id=ROK7

    David Linhardt looks to me like yet another of these not-too-bright raging assholes who’ve found themselves with a six figure salary for some reason, and will fight like rabid weasels to keep it.

    May he be (among the) first up against the wall when the revolution comes, if not sooner.