US ISP
EarthLink
claimed this week to have won a significant victory against spammers.
EarthLink's policy of pursuing violators of the federal
Can-Spam
Act through the courts has had significant consequences for Nevada-based
internet marketing company KSTM.
A federal judge in Atlanta has awarded the ISP an $11m judgement against KSTM
for sending millions of illegal mortgage-related email advertisements
nationwide.
"This judgement should be fair warning that if you spam, we will sue," said
Larry Slovensky, assistant general counsel at EarthLink.
According to the lawsuit, KSTM sent emails promoting a website known as
'lmlgdnhk.info'. EarthLink claimed that the company used false and misleading
header information in its emails which violates the Can-Spam Act.
EarthLink also charged KSTM with breaking the
Computer
Fraud and Abuse Act, the
Georgia
Computer Systems Protection Act and state and federal racketeering laws.
The ISP has sued hundreds of spammers since 1996 and won more than $200m in
judgements, including two criminal convictions against spammers who received
prison sentences for their offences.
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