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Latest Trends in the Legal Fight Against Spammers Spam Cambridge, MA January 16, 2004 Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com.

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Presentation on theme: "Latest Trends in the Legal Fight Against Spammers Spam Cambridge, MA January 16, 2004 Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com."— Presentation transcript:

1 Latest Trends in the Legal Fight Against Spammers Spam Cambridge, MA January 16, 2004 Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com

2 Trends Summarized Increasing Private Party Civil Suits Increasing Attention from Government –Civil Suits –Spam Arrests CAN Spam Act Takes Effect Trends for the Year Ahead

3 Private Party Civil Suits ISP Suits – AOL, Earthlink, MSN, Yahoo! –Increasing ease of success –Industry cooperation Spoofing Victims Take Action – Amazon 1 Degree of Kevin Spam Bacon – lists & harvesters, spam software, spam houses, IP address providers, affiliates & defense counsel

4 Government Civil Suits New York AG – Synergy6, Scott Richter California AG Federal Trade Commission Learning curve & limited resources Largely dependent on private party investigations

5 Spammer Arrests New York AG –Howard Carmack Buffalo Spammer –identity theft and forgery Virginia AG –Jeremy Jaynes aka Gaven Stubberfield & Richard Rutkowski –Virginia spam statute

6 CAN Spam Takes Effect Little Immediate Impact on In-Box But Does Reveal Spammers Motives Chilling Effect on legitimate mailers and advertisers Will Accelerate Run Offshore and the Market for IP addresses Fights over pre-emption

7 Turning the Corner in 2004? Or Falling Behind? Increasing criminal enforcement & industry cooperation Maturing Spam Industry –Growth in blocked is phenomenal –Porn spam led the way and is now slowing Compromised computers & spam Need for increased international cooperation

8 Why We Will Defeat Spam Victory Doesnt Require 100% Spam-Free In-Box –Banks survive bank robberies Spammers Struggle on Increasingly Small Margins is Still Incredibly Resilient – survives despite 60% spam rate Spam is the Parasite, is the Host –If spam kills , spam dies too Filters + Lawsuits Work, and Spammers Know It

9 Questions ??? Latest Trends in the Legal Fight Against Spammers Spam Cambridge, MA January 16, 2004 Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com


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