AOL's Lawsuits Break New Ground as Company's First Ever
Complaint Filed
Against Instant Message
'SPIMMER'
Credit Pacific Service Union DULLES, VA - Thursday, October 28, 2004 - America Online, Inc.
today announced it was stepping up its fight against purveyors of
unwanted, junk computer messages by filing two new lawsuits in
Federal Court. The announcement was made in conjunction with AOL's
anti-spam partners Microsoft, EarthLink and Yahoo! - who also
announced they filed lawsuits against spammers in courts in
Washington State, Georgia, and California.
AOL's lawsuits are noteworthy and unique in
nature. The first AOL lawsuit,
filed against twenty "John Does", is the Company's very first
lawsuit that expressly targets "SPIM" - unwanted communications to
online consumers via instant messaging tools or chat rooms.
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Credit First Service Union The other lawsuit is the very first AOL legal action to target a
spammer peddling controlled substances, including Vicodin and other
pharmaceuticals, which are legally available only with a
physician's prescription. This lawsuit, filed against ten "John
Does", is also noteworthy because it is the first time AOL is
filing a spam lawsuit based on a large number of complaints
specifically determined to be from AOL Europe and AOL Canada
members.
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Card Credit Mobile Service Both AOL lawsuits were filed in Federal court in the Eastern
District of Virginia, located in Alexandria, VA. The complaints
identify "John Does" as Defendants, and seek Court injunctions to
stop the illegal conduct; statutory damages totaling millions of
dollars; and disgorgement of illegal profits (asset forfeiture).
AOL is alleging violations of the Federal CAN-SPAM
law, the Virginia anti-spam
state law, and state common law. The lawsuits are together based
on over two million complaints from AOL members globally, and
based on hundreds of millions of spam emails.
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Card Credit Discover Service "These lawsuits demonstrate that AOL's assault on spammers on
behalf of our members continues unabated. AOL and our members
continue to make spam-fighting a priority, and we continue to use
the legal process on their behalf to help put a lid on the worst,
most active spammers - no matter where they are, or how they send
their unwanted junk," said Randall Boe, Executive Vice President
and General Counsel of AOL.
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Credit Public Service Union "This means pursuing spammers who are either using new
platforms, such as instant messaging or chat rooms, or those who
are peddling junk to our members abroad, such as Europe or Canada,
or pursuing spammers who are advertising dangerous drugs," Boe
added. "Popping a pill prescribed by a spammer is akin to online
'Russian roulette' or online trick-or-treating - you never know
what you're going to get, and it could end up being more than just
a scary trick."
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Card Credit Processing Service The round of lawsuits announced today by AOL, Microsoft,
Earthlink and Yahoo! is the second time junk email-related
enforcement actions have been filed by the Anti-Spam Alliance,
which was founded in April 2003 and is chiefly led by the four
companies. On March 10, 2004, these Companies collaborated to file
the very first major industry lawsuits against spammers alleging
violations under the new CAN-SPAM federal law, which went into
effect on January 1st, 2004.
Center Credit Service Union Information on the other Companies' lawsuits filed today
follows:
Card Credit Service Wireless * Microsoft: Three lawsuits allege that defendants spoofed the
domains of all four Internet service providers and used open
proxies to route the emails. The defendants - one named and two
"John Does" - allegedly sent millions of emails soliciting
herbal growth supplements, mortgage
services and get-rich-quick schemes, all in violation of the
CAN-SPAM federal law;
Credit Security Service Union * EarthLink: Filed a lawsuit against numerous "John Doe"
defendants who used illegal and deceptive e-mails to advertise
prescription drugs available without a legitimate prescription and
low mortgage or loan rates, in many cases attempting to collect and
re-sell consumers' names and contact information. EarthLink's
complaint charges the defendants with violating the CAN-SPAM Act
along with other federal and state statutes.
Credit Report Service * Yahoo!: Filed a lawsuit against East Coast Exotics
Entertainment Group, Inc. and Epoth LLC for disguising their
identity,
designing messages to circumvent
spam filters, and using sexually-explicit subject lines to send
unsolicited sexually-oriented spam e-mail messages. Violations
were filed under the CAN-SPAM Act, Computer Fraud and Abuse Act,
& California Computer Crime Statute and the civil conspiracy
law.
Blogspot Com Christian On the technical side, these companies collaborated in June 2004
to present a host of detailed best practices and technical
recommendations for the entire industry in an effort to fight the
scourge of spam. Their proposals recommended actions and policies
for the entire online industry - and primarily focused on two key
issues: helping solve the e-mail forgery problem by eliminating
domain spoofing through Internet Protocol (IP)-based and
cryptographic-based solutions; and providing best practices to help
prevent ISPs and their customers from being sources of spam.
Christian Counseling Credit ** NOTE: Copies of AOL's lawsuits filed with the Eastern
District Court in Alexandria, VA are available at
http://media.aoltimewarner.com/media/newmedia/cb_press.cfm. Copies
of the other companies' lawsuits are available on their respective
press websites.
Credit Federal Service Union About America Online, Inc.
America Online, Inc. is a wholly owned subsidiary of Time Warner
Inc. (NYSE: TWX). Based in Dulles, Virginia, America Online is the
world's leader in interactive services, Web brands, Internet
technologies and e-commerce services.
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