Friday 7 May 2010

Spammers ordered to pay tiny ISP whopping $2.6m

By Dan Goodin in San Francisco
The Register
6th May 2010

A small internet service provider has been awarded nearly $2.6m in a lawsuit it filed against a company that sent just under 25,000 spam messages over an 18-month period.

Although it's questionable whether Asis Internet Services will ever see a penny of that windfall, the judgment is testament to the awesome power of CAN-SPAM, short for the Controlling the Assault of Non-Solicited Pornography and Marketing Act, which was passed by Congress in 2003. It allows judgments of as much as $100 for every unsolicited email, and damages can be tripled for a variety of reasons.

The judgment was awarded by Magistrate Judge Elizabeth D. Laporte of the US District Court in Northern California. It comes in a case filed against the principals of a business called Find a Quote. A four-employee ISP in Garberville, California, Asis said it receives about 200,000 junk messages per day and spends about $3,000 per month to process them.

Laporte calculated that the ISP was entitled to damages of $865,340, but went on to triple the amount, to 2.596m, because, she said, the Find a Quote spammers, including defendant Edward Heckerson, had employed automatic scripts to send their messages.

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