Anti-spam firm ordered to cease blocking
OUT-LAW News, 12/05/2004
SpamCop, a service that helps to block junk e-mail, has been
issued with a temporary restraining order by the Northern
California District Court to prevent it from blocking messages sent
by a company called OptInRealBig.com, according to media
reports.
SpamCop operates an anti-spam "blocklist" that can be used by third
parties as a reference to block junk e-mails. The list is compiled
by users informing SpamCop when they receive an unwanted e-mail.
SpamCop then uses the information to determine the Internet
Protocol (IP) addresses used to send the messages. OptIn is suing
SpamCop, arguing that its activities interfere with OptIn's
business by causing ISPs to block its e-mail marketing. However,
the company is run by Scott Richter, an individual dubbed the
world's third-largest spammer by the Register of Known Spam
Operations. In December, Richter was named in a lawsuit by New York
Attorney General Eliot Spitzer for sending deceptive spam. OptIn
also alleges that SpamCop's refusal to disclose the identity of the
complainants could add to potential violations of the new US
Can-Spam Act which requires the removal of people from mailing
lists if they chose. This, it argues, is impossible unless the
complainant can be identified. The imposition of the restraining
order is no indication as to whether SpamCop's blocklisting will be
barred in the long term. The restraining order remains in place
until 20th May when the dispute goes to trial.
