Hi malware fighters,
Read about this court verdict here:
http://management.silicon.com/government/0,39024677,39162462,00.htm
polonus
The best thing to happen here is for even more people to blacklist e360insight by whatever means each person has available … spam filter, etc.
Hi CharleyO,
That is also an aspect of America I like, that who has “the deepest pockets” is not always the winner, but the smarter guy gets the worm sometimes.
polonus
That’s definitely an aspect of America that I like: I don’t live under its laws:
"Default judgments obtained in U.S. county, state or federal courts have no validity in the U.K. and cannot be enforced under the British legal system," Spamhaus said on its Web site. "As spamming is illegal in the U.K., an Illinois court ordering a British organization to stop blocking incoming Illinois spam in Britain goes contrary to U.K. law which orders all spammers to cease sending spam in the first place."
http://news.com.com/Spam+fighter+hit+with+11+million+judgment/2100-7350_3-6116009.html?tag=cd.top
Up yours! As I believe they say over there.
Hi FwF,
Well and that was exactly what got them off the hook. In the UK spamming is illegal.
That is why for instance now they like to propose an exclusion for “commercial” spamming (EU proposals).
And that is just to come to a point like in the States verdict to again arrive at the point “where money speaks”, and that is the ‘lingua franca’ of this day and age,
yours faithfully,
polonus
I agree with what CharleyO says about e360insight. They should not be allowed to deliver their junk anywhere in the world where it’s not legal to do so. Our U.S. laws don’t mean diddly squat anywhere else and that’s the way it should be. 
Another (slightly more provocative) quote from Spamhaus:
"Although meaningless for Spamhaus, which as a British organization not subject to Illinois court orders is listing Linhardt's company E360 Insight on its SBL spam blocklist as usual, the Illinois ruling shows that U.S. courts can be bamboozled by spammers with ease," it said.
http://www.betanews.com/article/Spamhaus_Wont_Pay_Alleged_Spammer/1158338611
Spamhaus (SBL/XBL black lists) catches most of the spam in my Mailwasher’s Origins of spam function. Long live spamhaus.
Hi DavidR,
Well to make this picture complete, let us also put here the other side of the story, as revaeled by the poor spammer: http://www.e360insight.com/case_history.html
Now we have a fairly balanced thread at least.
polonus
How do they say in those holywood movies?
Only in America … : : :
I’m afraid I don’t need to be concerned with any balance from a cash case history from e360 designed to support their 11 million dollar claim, they are hardly going to publish anything that might be damaging to their case.
As has been clearly stated this US court judgement holds no legal jurisdiction in the UK and if the want to take it to court in the UK then if they win, any enforcement would be legal.
Spamhaus Could Lose Domain Name
After thumbing its nose at a US court, UK spam fighting organization Spamhaus could lose its domain name. The action would come as a result of an expected order by a federal judge in Chicago that would order ICANN to suspend the group's rights to spamhaus.org.
http://www.betanews.com/article/Spamhaus_Could_Lose_Domain_Name/1160501590
Hi FwF,
Yes if you are presiding over the backbone of the Internet and who deals and take the domain names you can come to these situations. It is “money speaks” louder then your domainname is worth. Where bidyou.com is sure to win from moral.com is where you get these outcomes.
polonus
ICANN refuses to pull Spamhaus domain:
http://www.theregister.co.uk/2006/10/12/icaan_spamhuas_dispute_latest/
Hoorah for ICANN … they did the right thing! 
Hopefully, Tucows will also do the right thing.
As the article mentions Tucows is Canadian, so also outside the Jurisdiction of a US County Court (Illinois), so hopefully they too will thumb their noses at this and protect us against the spammers.
Operators of the Spamhaus block list project will appeal an Illinois court's ruling that could shutter the effort if upheld, while other researchers contend that unwanted e-mail campaigns reached an all time high during the third quarter of 2006.In a document filed with the U.S. District Court for the Northern District of Illinois by Spamhaus’ lawyers on Oct. 13, the project’s directors indicated that they will fight the court’s September ruling that awarded $11.7 million in damages to e360insight, an e-mail marketing company that claims it was unfairly labeled as a bulk spammer by the organization.
"Although Spamhaus is based in the United Kingdom, unsurprisingly no spammers risk filing lawsuits in a British court, primarily because the UK legal system is based on 'loser pays costs' and does not allow frivolous lawsuits," the organization said.“Instead, spammers routinely threaten to file lawsuits in their local nation’s courts in the hope that a local judge can be bamboozled into accepting the case believing there is jurisdiction and in the hope of winning a default judgment from the local court when Spamhaus does not show up to defend the case.”
While maintaining that such default judgments “are without meaning and not enforceable in the UK,” Spamhaus appears to have begun taking the Illinois case seriously, hiring the well-known Chicago-based law firm Jenner & Block to carry out its appeal in the suit.
The uncharacteristic move to defend itself comes after Judge Charles Kocoras of the U.S. District Court Illinois circulated a proposed court order earlier in October that asked ICANN (Internet Corporation for Assigned Names and Numbers) and Spamhuas’ registrar to revoke the project’s Web site.
At the same time that Spamhaus is fighting for its survival, researchers contend that spam campaigns reached an all-time high during the first half of 2006.
According to the latest research released by security applications maker Symantec, spam made up 54 percent of all the world’s e-mail traffic during the first six months of this year, representing a nearly 50 percent increase compared to the second half of 2005.
Symantec said that the most common type of spam detected in the first six months of 2006, representing 26 percent of the messages, offered pitches for health services and products.
Fifty-eight percent of all spam detected worldwide originated in the United States, according to Symantec’s Internet Security Threat Report.
Hi malware and spam fighters,
And these people we’re up against: http://www.spamhaus.org/rokso/index.lasso
They are good for 85% of all the spam that goes out.
polonus
Hello malware fighters,
Round three in Spammer vs Spamhaus is up:
http://blogs.securiteam.com/index.php/archives/704
Who is gonna win? Deep pocket or the idealist? Spamhaus USMarshalls is after your domain!
polonus