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These were filed under the new federal anti-spam law, the Controlling
the Assault of Non-Solicited Pornography and Marketing (Can-Spam)
Act of 2003, which went into effect on 1 January.
There was a combined filing of six lawsuits against hundreds of
defendants, including some of the US' most notorious large-scale
spammers. A release stated that the Can-Spam law provides strong
new enforcement tools for e-mail and Internet service providers
and law enforcement. It criminalises specific tactics spammers use
to spread junk e-mail. The law, which was supported by the above
mentioned companies, allows for harsh new penalties against large-scale
spammers that use fraud, deceit and evasion to try to send junk
e-mail to consumers.
The four companies filed legal complaints in federal courts in
California, Georgia, Virginia and Washington state a few days ago.
The complaints charge the defendants with sending a combined total
of hundreds of millions of bulk spam e-mail messages to customers
of the four networks. Some of the common allegations described in
the complaints include:
* Deceptive solicitations for a variety of products including
get-rich-quick schemes, prescription drugs, pornography, instructions
for conducting spam campaigns, banned CDs, mortgage loans, university
diplomas, cable descramblers and other common types of unsolicited
e mail
* Use of open proxies (sending spam through third-party computers
to disguise their point of origin)
* Absence of a physical address in the e-mail
* Absence of an electronic unsubscribe option
The four companies had formed an anti-spam alliance in April 2003.
Coalition members meet regularly to proactively address the spam
problem that threatens the effectiveness of e-mail as an essential
means of communication. Through ongoing industry collaboration with
a number of telecommunications companies and industry partners,
the group expects to make consistent progress in the areas of technical
standards development, as well as improved enforcement techniques
and litigation
Beyond today's major enforcement efforts, the anti-spam industry
alliance claims to be making progress on issues related to new and
promising technical Internet standards, specifically regarding the
certification and authentication of e-mail.
By sharing information, resources and investigative best practices
within this industry alliance, the companies stated that they were
able to identify high-volume outlaw spammers for civil lawsuits.
This is the first and most critical stage in the campaign to end
unwanted junk e-mail through stepped-up and coordinated civil enforcement
programmes.
The companies feel that the menace of spam can only be significantly
addressed and resolved through a comprehensive, multilayered approach.
This includes anti-spam technologies, consumer education and awareness,
legal enforcement, self-policing of e-mail account abuse, and stronger
partnerships between industry and government and other regulatory
agencies.
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