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Californian Court Fines Spammers $2 Million

Posted by timothy on from the not-nearly-enough dept.

afra242 writes "The BBC News has reported that a Californian court has fined a marketing firm $2m for spamming via email. This judgement was the first anti-spam ruling and the marketing firm were fines for sending out millions of unsolicited e-mails telling people how to spam. We're getting closer..." Other readers point to coverage of the judgement from the Associated Press (via SFGate) and from Reuters (via Yahoo!).

4 of 151 comments (clear)

  1. People said... by IversenX · · Score: 5, Insightful

    ...it wouldn't work. That fines wouldn't help.

    If rulings like this become everyday experiences, I honestly think the amount of spam will decrease.

    It will not solve the problem, however. There are ALOT of ideas for this, one of which is POP-Before-SMTP, which seems somewhat sane. But then again, they (more or less) all do. I find it highly unlikely that any of these n solutions will find wide acceptance and use, before at most a handful standardized ways are selected.

    Oh yes, and all your money are belong to us!

    --
    With great numbers come great responsibility!
  2. Closer to what? by muffen · · Score: 5, Interesting

    We're getting closer...

    Hmm... I like them being fined, and california needs the money, that's for sure.
    However, I wouldn't jump too high right now. I think we are just changing the game, not winning it. Here's an example of what spammers are doing now.

    I believe whitelisting is one of the only way to go about stopping spam, but it has obvious problems associated.

    Ah well, atleast the government is doing something... 5 years too late.

  3. Re:From the article... by espo812 · · Score: 5, Insightful
    allow private individuals to sue spammers and collect damages of up to $1,000 per e-mail.

    That's a nice pair of little clauses there.
    How do you figure a fine of $1,000 per e-mail is a nice clause? One of the biggest complaints I have with the american justice system these days is a broad divsion between crimes and consequences (and in punishing responsibility for harm.) There is no way a single e-mail could cause $1,000 worth of damage. Thats an absurd punishment for a virtually victimless crime. Don't get me wrong, I hate spam as much as the next guy. However, there are technical means to alleviate the problem, and a huge fine is not reflective of the damage done.
    --

    espo
  4. Re:From the article... by DiveX · · Score: 5, Insightful

    What all other laws with statutory penalties?

    Cut down a tree in your own yard in many jurisdictions and you'll be paying out thousands in fines. Who is the victim there. Shouldn't you be allowed to cut down your own 200 year old oak tree if you want?

    Littering on the highway is victimless...right? That will get you a $500 minimum fine in some states.

    Junk faxes my only cost you a few pennies, but you can collect $500 from a company that sends it. The law prohibiting it has been around for over a decade. Every SINGLE federal court district that has hear issues of 'free speech' and junk faxing have denied the complaints. Commercial speech does NOT have the same protections nor should it.

    That fact is that such activity is not victimless. Admins have to constantly adjust and upgrade mail servers to try to stop the flow or manage the load. That costs time and money, and those costs are passed on to you and me.

    The only way to stop this kind of behavior is to make it no longer viable for them to do this. The Government doesn't have the resources, so a private right of action is the key. If it wasn't for those of use that take on telemarketers and junk faxers, I guarantee that it would be a much larger problem.

    --
    Cave, wreck, and deep diver.