Subject: [Asrg] The spammers strike back

From: "Hallam-Baker, Phillip" <[email-masked]>
Date: Sat, 26 Apr 2003 14:29:25 -0700

I took a look at the spam sender SLAPP case.

Some observations:

1) Exactly what is the standing being claimed here?
	An association cannot persue court cases on behalf of its members.

2) Exactly who are the 'members' that claim to have been damaged?

3) What is the statutory basis for the complaint against Joker?
	The terms of a domain name registation are governed under the
contract between ICANN and the registrar.

4) The suit attempts to claim damages for libel without actually specifying
the party who was allegedly being libelled. This seems to be a new one, even
for Florida law.

5) Exactly how is a jury trial meant to be sympathetic to this client's
interests?

6) The lawyer bringing the case appears to also be running the group being
used to disguise the identity of the plaintiffs.

Sounds like a case for the EFF...

_______________________________________________
Asrg mailing list
[email-masked]
https://www1.ietf.org/mailman/listinfo/asrg

---

From: Vernon Schryver <[email-masked]>
Date: Sat, 26 Apr 2003 17:15:57 -0600 (MDT)

> From: "Hallam-Baker, Phillip" <[email-masked]>

> ...
> ...

If the topic is what I think it is, a far more relevant forum for
its discussion is the news.admin.net-abuse.email newsgroups.  I
believe all of the defendants are frequently seen in NANAE, and
some have (I hope not imprudently) commented on the case.  There
have been hundreds of articles discussing many aspects of the case,
including words from places such as the Yale Law School.  There
are many mirrors of web pages containing the complaint, the request
for a TRO, and the judge's rejection of the TRO.  One example is
http://www.LinxNet.com/misc/spam/slapp.php

I think it would be really swell if this mailing list did not rehash
those many hundreds of thoughts, and not only because it would be
a rehashing.  Many comments give aid and comfort to those I hope
will suffer most at the end of the saga.

Vernon Schryver    [email-masked]
_______________________________________________
Asrg mailing list
[email-masked]
https://www1.ietf.org/mailman/listinfo/asrg