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).
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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