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eKibitz » Technology » Spamhaus Losing Fight Against Spam eKibitz



Spamhaus Faces US Courts
Written By: Joseph Gillespie

Spamhaus, a UK-Based non for profit organization dedicated to the fight against email spam, recently expressed concerns that they could be at risk of being shut down, thus removing a block of over 50 Billion spam messages in one day.

The concern arose after a US Federal Courts awarded email marketing company, E360Insight, with $11.7m after they sued Spamhaus for placing them on an email blacklist. Spamhaus, being based in the UK ignored the ruling as it is not within US Jurisdiction. However, now the concern is on how far E360Insight and the US Federal Court may go to enforce the ruling. The greatest fear is that the judge will request ICANN (Internet Corporation for Assigned Names and Numbers) suspend their domain name, effectively shutting down the organization.

Spamhaus is eager to express the massive impact this would have on the internet as a whole.

"The effect of suddenly not blocking such a large amount of spam would allow this volume of unwanted junk to hit mail server queues all over the world," the organisation said. "We believe that a government agency would have to step in before that happened."

Spamhaus claims that it monitors around 650 million email inboxes and blocks 50 Billion spam messages... every day.

If the organization were to suddenly drop off of the internet, they fear that those spam messages would busrt forward and overwhelm their users. The group is currently hoping that even if the issue does make it to ICANN, that ICANN will fight the order and not shut down the domain. "We are sure that Icann understands the technical effect as well as the political one." they said.

In addition to this hope of ICANN siding with them, Spamhaus is also seeking their own legal counsel to attempt to fight the original order. "To ensure that this does not happen we are working with lawyers to find a way to appeal/contest the ruling and stop further nonsense by this spammer." the organisation said. Spamhaus has hinted however that if they are unable to win the appeal, they will simply give up and shut down.

Spamhaus is run entirely by volunteers, and when suggested that they simply change their domain name, or run the site off of the IP address if the appeal should fail, they responded, "The reality is that if Spamhaus gets around the court order by switching domain, the judge would very likely rule us in criminal contempt. We do not want a criminal record for the sake of fighting spam. We normally help fit the spammers with criminal records, not the other way round."

UPDATE:
ICANN has released an official statement that it will NOT be suspending Spamhaus.org in light of this situation.

"ICANN has been advised that a Proposed Order referencing ICANN has been submitted to the court in the matter entitled e360Insight, LLC et al. v. The Spamhaus Project, Case No. 06 CV 3958. This lawsuit is currently pending in the United States District Court, Northern District of Illinois.

Please note that ICANN is not a party to this action and no order has been issued in this matter requiring any action by ICANN. Additionally, ICANN cannot comply with any order requiring it to suspend Spamhaus.org or any specific domain name because ICANN does not have either the ability or the authority to do so.
"

[Full Statement]
Last Modified: October 11th, 2006


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Comments on This Article:

Mark Ferguson
26 Mar 2007, 22:22
E360Insight v Ferguson was filed March 7, 2007 in the federal court in Illinois.

Here is the Complaint and my response since I and none of the other defendants have yet been served.

http://whew.com/Litigation/ongoing/e360Insight_LLC/e360vFerguson.pdf

http://whew.com/Litigation/ongoing/e360Insight_LLC/

Mark Ferguson
abuse@whew.com
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