$1B+ Lawsuit Against Spammers

12 comments

Honey Pot people filed what they claim to be the largest anti-spam lawsuit ever, check this out.

Lawsuit Against Spammers

Comments

Jon Praed, the founding

Jon Praed, the founding partner of the Internet Law Group, is Project Honey Pot's attorney in the case.

What happens to any money you win in the lawsuit?
...Obviously a large chunk would go to paying legal fees.

What a joke. This is

What a joke. This is nothing but a pr stunt. They are suing everyone for everything based on shaky if not non-existent law. unspam is doing a great job using project honey pot to get links to their own corporate site and not much else.

Okay, one other thing they are doing. Mining sites participating in projecthoneypot and using that data for their own for sale software product.

GO HONEYPOT!

It's no joke, I keep tabs on the IPs that their honey pots trap and my bot blocker traps the same IPs. The only difference in my approach is I stop the spam bots before they get far enough to scrape an email address, therefore the honeypot isn't really needed.

I hope they bury the businesses involved in spamming and if they fail using the CAN-SPAM angle maybe they can nail 'em with "Computer Hacking and Unauthorized Access Laws" which an attorney I consulted claimed should work.

IncrediBILL, did you

IncrediBILL, did you actually look at the lawsuit? The scope of the suit is so vast as to be unwinnable. If they actually wanted to win, they would have targeted the suit to a few players at most and go after them and set precedence to go after others. As it stands now, this is unwinnable and just being thrown out there as a pr stunt.

Yes, I looked

They are ramping up for the subpoenas of all the John Does, that's the next step.

They also have immaculate records of how each and every spam was sent to non-existent trap email addresses so any John Does that are uncovered haven't got a leg to stand on as these email addresses couldn't have been known to them any other way than by breaking the law.

You obviously missed the point that they filed in the state of Virginia and used the same law firm that represented America Online and Verizon Online which both succeeded in their lawsuits against spammers.

This thing has legs, it could walk!

If I was a spammer, especially one in Virginia, I'd be trying to get beyond the long arm of the law and moving myself and my assets offshore ASAP before the subpoenas hit, but that's just me ;)

huh

There goes the USA trying to tell the rest of the world what to do again.

Looks pretty bogus to me

I've read a lot of legal complaints in my time, and I've read a lot of press releases in my time, and this complaint read more like a press release than a legal complaint.

Technically, it's odd that there is not a single named defendant. Usually, you have at least one known defendant. I don't know how you can even get this complaint served since there is literally no known person to deliver it to. I really wonder if the Eastern District of Virginia, a no nonsense court well known for its "Rocket Docket" and swift handling of cases, is going to let a suit go forward so the plaintiff can start figuring out on the court's time who to sue. I'm also not at all sure that Honeypot is a proper plaintiff with standing - it's sometimes tough for a real incorporated association to get standing in federal court for injuries to its members, and here Honeypot is not even that, but just a "doing business as" project of a for profit company that doesn't seem to claim any direct injury of its own. Then, there is the way it is written, in a breathless and self-congratulatory style that's not much like your average complaint.

Reading the complaint made me feel wary of Project Honeypot - there was just too much hype and booshwa going on for me to feel like they were trustable. That's a shame, because I hate spam, and I would want to participate in something like this if they presented themselves as serious and reliable.

Naming defendants

This is not new, or a PR trick, this is the same thing the RIAA did.

If you followed what happened with the RIAA you would know that they got bitch-slapped in 2004 with a Verizon lawsuit and the U.S. Court of Appeals for the District of Columbia ruled on behalf of Verizon which stopped the RIAA from directly filing subpoena's to get Verizon customer records prior to the lawsuit being filed. It was deemed an invasion of privacy when they were just randomly requesting the identify of a customer without having a legal proceeding already in motion, such as the lawsuit.

What the RIAA did next was combine 500+ IP addresses of file swappers into a "John Doe" lawsuit, followed by a motion to require ISPs to provide the identity of the customers.

So Project Honey Pot is just following established procedure.

HUH?

There goes the USA trying to tell the rest of the world what to do again.

How in the heck does PRIVATE COMPANY filing a US lawsuit filed in VIRGINIA against VIRGINIA spammers get construed as the US trying to tell others what to do?

Not only that, they claim to have members in 102 countries:
http://www.projecthoneypot.org/more.php

Nice try but seriously flawed logic.

Yes Bill

But they file in the US because they know the US is the biggest bully on the block when it comes to enforcing domestic law overseas.

We Brits can be thrown in a US jail on a connecting flight to Mexico for breaking a US law on British soil.

I see

Just like someone in the US could be jailed for breaking a law of another country when we touch their soil.

Are you referring to people like the two former Neteller execs that had the audacity to come to the US when their company prospectus actually claimed they were most likely breaking US laws?

The trick is to stay out of the US if you think you might be jailed for breaking US laws, unlike those two stupid Canadians from Neteller.

Besides, this time it's is a CIVIL lawsuit, not criminal, and filed against US citizens in Virginia.

Casinos

I was referring to some Managing Director of an online gaming co from the UK who was thrown in the slammer when he was flying through the US to Mexico.

He broke US laws just because he didn't IP Block the States. It seems it's a requirement of US law to know US law even if you are not a citizen and don't live there and have never been there in your life. I wonder what laws my sites are breaking.

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