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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.

6 of 167 comments (clear)

  1. 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!
  2. Hah! by niko9 · · Score: 4, Funny

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

  3. 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...

  4. 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?
  5. I wonder whose cell would be nicer... by Toxygen · · Score: 5, Funny

    ...Bob Vila's or Martha Stewart?

  6. 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. :)