The Spam Diaries

News and musings about the fight against spam.
 by Edward Falk

Thursday, March 01, 2007

CAN-SPAM law survives legal challenge

Via Spam Notes: Spammer Michael Steven Twombly and cohorts leased servers under an assumed name (a violation of CAN-SPAM) from the company "Biznesshosting" and immediately began sending out millions of spams. Biznesshosting was receiving complaints within hours of giving Twombly his login credentials. In addition to the fraudulent server registration, the spams contained fraudulent headers, also a clear violation of CAN-SPAM. Biznesshosting terminated Twombly, but not in time to prevent being listed in one or more blocking lists. The FBI got involved, and eventually Twombly and his partner Joshua Eveloff were prosecuted.

Part of Twombly's defense was that the case should be dismissed on the basis that the CAN-SPAM law is too vague and overbroad. On Feb 22, the U.S. District Court ruled against him.

For more details, read the court's decision (5 pages, pdf).

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