UK internet company wins anti-spam case

UK internet company Bibliotech has won a groundbreaking legal fight in the US against junk emailing.

London based Bibliotech was yesterday awarded undisclosed damages from Sam Khuri and his Atlanta print company Benchmark Print Supply. Khuri was accused of sending thousands of junk emails through Bibliotech's servers.

While the US court decision has no direct bearing on UK law, legal experts said the ruling could help in the fight against junk emailers - or spammers - in the UK.

Khuri used Bibliotech's servers to forward the junk emails so that any undelivered messages were returned to Bibliotech. The company claimed its network was brought down for several days under the weight of returned messages, prompting it to take legal action.

In addition to the damages award, Khuri agreed that he will stop sending unsolicited email or face a further charge of $1000 damages plus legal costs.

Eduardo Ustaran, a solicitor at law firm Paisner & Co, which acted for Bibliotech, said that while US court decisions do not set precedents in the UK, "this case can be used to assist an argument in a UK court".

The only successful case against a spammer in the UK, that of Virgin Net against its user Adrian Paris, was settled out of court under breach of contract laws and Ustaran said there was "room for a test case on the subject".

As part of European Union legislation on distance selling, which is expected in June, the sending of unsolicited emails will be regulated.