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First CAN-SPAM Lawsuit Filed in California

rocketjam writes "Foster City, California-based ISP Hypertouch, Inc. has filed the first lawsuit alleging violations of the new Federal CAN-SPAM Act of 2003. The lawsuit was filed against BobVila.com and the spammer they hired, Bluestream Media, for sending Hypertouch customers unwanted, unsolicited email advertisements for Vila's "Home Again Newsletter." The suit alleges the defendents sent spam email ads with fraudulent headers and no physical address. It also alleges the emails were sent to randomly generated and harvested addresses as well as addresses that had replied to opt-out links in other spams. Hypertouch's attorney, John L. Fallat, said the CAN-SPAM Act offers little protection to the public, but they would use the few protections it offers to punish spammers." Reader Clemence links to Wired's coverage of the suit.

14 of 167 comments (clear)

  1. Say it ain't so! by Anonymous Coward · · Score: 3, Funny

    Bob Vila sending spam?!?! Next you'll be telling me Norm Abrams wants me to have a longer penis.

  2. Re:Show how useless it is by gravyfaucet · · Score: 5, Funny

    useless. couldnt they have picked a more suitable target? Its not like Bob Villa employs cloned machines and offers to sell you a "legal" building permit, or promises "add three to five stories to your house - naturally and without a contractor". sheesh

    --
    Yes! Evil rules! Good can suck it! Suck it, good!
  3. Hah! by niko9 · · Score: 4, Funny

    I can see the Warden welcoming Bob Villa to the big house: "Welcome to this old Penitentiary"

  4. Re:Hmm by pongo000 · · Score: 5, Funny

    SMTP HELO's with names whose IP addresses don't match the originating IP

    And all this time I thought HELO DUDE was a perfectly legit way of identifying oneself to an SMTP server...

  5. you can be sure... by Roger+Keith+Barrett · · Score: 5, Funny

    ...than Bob Vila isn't personally involved. Ever watch "This Old House"? The guy never does ANY projects himself. He always passes it off to that other guy! "Hi, I am Bob Vila for Sears Bulk Mail Services. For just $19.95...."

    --

    Why don't you embrace your slashbotness instead of living in a dreamworld?
  6. Re:Fraud by Anonymous Coward · · Score: 1, Funny

    Well, everything's a little weirder with CANned-SPAM around...
    -os

  7. I wonder whose cell would be nicer... by Toxygen · · Score: 5, Funny

    ...Bob Vila's or Martha Stewart?

    1. Re:I wonder whose cell would be nicer... by shadowbearer · · Score: 3, Funny

      Well, one would have nice toilet doilies, and the other would have a working toilet. Which one would *you* rather be in? :)

      sorry, I hadda do it

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  8. Windows: the (un)suspecting victim by mousse-man · · Score: 3, Funny

    I think running Windows is already legally aiding and abetting spamming. I wonder whether this is punishable...

  9. Re:Fraud by Horny+Smurf · · Score: 0, Funny

    "fraud under some law" -- "under some law" -- Ie, illegal. Sometimes lying is a crime (ask Martha Stewart!), most of the time it isn't.

  10. Just imagine for a sec by st0rmshad0w · · Score: 2, Funny

    Imagine the sweet livin on the cell block with Bob and Martha!

    Wow. The mind boggles.

    Prolly never would have happened if Norm were still on board.

  11. Re:Hmm by toast0 · · Score: 5, Funny

    I personally prefer HELO there. You never know, you could be talking to a non-dude SMTP server... wouldn't want to get them mad at you when you haven't even sent any data yet. :)

  12. Re:Fraud by pyrrhonist · · Score: 2, Funny
    However, pretend next year a law is passed that says girls giving out fake phone numbers at bars is now illegal because it is fraudulant.

    I, for one, will work towards making that a reality. ;)

    --
    Show me on the doll where his noodly appendage touched you.
  13. Re:Hmm by iminplaya · · Score: 3, Funny

    If they ever find him guilty of anything, they can make him do community service, like, for instance, he can build "This old Half-way House" for Martha Stewart.

    --
    What?