MonsterHut Jammed for Spam
DeAshcroft writes "Manhattan Supreme Court Justice Lottie E. Wilkins has ordered MonsterHut, its CEO Todd Pelow and CTO Gary Hartl to stop behaving badly. The New York Post has a story on the ruling. The suit, brought by New York Attorney General Eliot Spitzer in May 2002, alleges that MonsterHut sent over 500 million messages, fraudulently claiming that they were opt-in, and ignored at least 750,000 requests by consumers to be taken off their lists. Newsday also has coverage. The AG has an official release on the case. Penalty hearing is scheduled for Feb 11, 2003."
Enjoy your job, make lots of money, work within the law. Choose any two.
I'm glad judges and juries are finally seeing the light and understanding this whole spam mess. Free speech? Nope. It's just like junk fax laws, junk faxes are actually illegal because the recipient pays for the fax machine, paper, toner, etc. Same reason why telemarketers cannot call your cell phone (if you do get a call from them on it, just tell them it's a cell and they'll hang up quick) because you're paying for those minutes. With spam, I'm the one paying for my 'net connection, and after a certain amount of traffic, I pay by the byte. If only I could force direct mail marketers to stop snail-mailing me crap all the time. Why does a single 24-year-old guy need coupons for feminine hygiene products?
...for all the non-lawyers (and non- "Law & Order" watchers) out there. In New York, the "Supreme Court" is the trial court - the lowest level in the system. The next step is the Appellate Division and finally the Court of Appeals. NY's C of A is analogous to other states' Supreme Courts. And no, I have no idea why they did it like that.
Laws affecting technology will always be bad until enough techies become lawyers.
Fraud is not protected speech. There is no free speech issue for such cases.
Sometimes I worry that I'll develop Alzheimer's disease, but no one will notice.