UK spam fighters hit by US legal action

By Matt Whipp

Posted on 15 Sep 2006 at 17:51

UK spam action outfit Spamhaus and US email marketing firm e360 Insight are at loggerheads after a US court granted the latter a permanent injunction against Spamhaus including the company in its list of spammers to block and a fine of nearly $12m.

The suit was filed in an Illinois court by David Linhardt accusing Spamhaus of 'deliberately interfering and defaming e360' in November of 2003. The company claims that attempts to contact Spamhaus resulted in responses to 'threaten us and call us names'.

They claim the result of being blacklisted on Spamhaus's register meant lost jobs and 'millions of dollars in lost commerce', despite being a legal 'opt-in email marketing company'.

An Illinois court yesterday awarded e360 Insight damages to the tune of $11,715,000 and a permanent injunction to prevent Spamhaus from blacklisting the firm in the future.

Steve Linford Chief Executive of the Spamhaus Project maintains that prior to September 2006, e360 Insight had not been placed on the organisation's list of the 'worst' 200 spammers. He claims that e360 Insight was simply mentioned in relation to the listing of well-known spammer Brian Haberstroh, who is on the ROKSO list.

He adds that Spamhaus never blocked e360 Insight from sending emails, and that such a case should be filed in a UK court.

However, Linford claims that 'any ruling whatsoever issued by a United States County, State or Federal Court has no validity in the United Kingdom unless jurisdiction is proven to a British Court'.

He also warns e260 Insight 'that British courts do not accept US-style "SLAPP" suits and impose penalties for lying to the court'.