1. A Litigators View of the Law on Message Abuse A Presentation to the Messaging Anti-Abuse Working Group Summit May 18, 2004 Jon Praed Internet Law Group JonPraed@aol.com

2. What is Message Abuse? Theft & property destruction via spam, phish, viruses & worms

3. Laws Against Message Abuse AUPs – Setting expectations Common Law – trespass to chattels State Statutes (VA Computer Crimes Act; WA anti-spam laws) Federal Statutes (CAN Spam Act; Computer Fraud & Abuse Act) Foreign Laws International Treaties Extra-Legal Measures

4. Laws Objectives Injunctions Damages Bankruptcy Imprisonment General & Specific Deterrence Retribution Education

5. Is It Working? Enforcement system is not yet mature –Criminal enforcement & international cooperation lag –Civil enforcement still requires deep pockets & information –Individual victims feel like mere observers Civil enforcement works –You can sue where the spam lands -- Verizon Online v. Ralsky –Lawsuits change the economics of abuse -- breaking the webmaster model -- AOL v. CEN –Contempt is real -- AOL v. CN Productions –Bankruptcy is not an option Criminal enterprise is not yet mature either

6. A Litigators View of the Law on Message Abuse A Presentation to the Messaging Anti-Abuse Working Group Summit May 18, 2004 Jon Praed Internet Law Group JonPraed@aol.com