The Spamhaus case, a spam savvy Illinois lawyer perspective

1. Make no mistake: this is serious. To make that point, consider what is likely to come next. When Spamhaus continues to operate, the plaintiffs will implore the court to enter criminal contempt charges against the company and its principals. It's not clear how broadly such charges could be, but this judge has certainly not shied away from broad orders to this point. At the very least, this could mean that Mr. Linford will be at risk if ever he decides to pay a visit to the United States. The worst case, of course, is that U.S. based volunteers could be criminally at risk as well. I doubt the worst case is likely to happen, but make no mistake that it is possible.

2. Moreover, this judgment will likely follow “Spamhaus” in perpetuity. Even if it shuts down and later some of the same people reconstitute “SpecialHamHouse” to publish similar data, the judgment will almost certainly stick to the new entity. In the long run, cute arguments and legal light of hand don’t work. Look at an organization like KaZaA, which spent a significant percentage of their significant revenues on the smartest lawyers in the world to avoid jurisdiction. Even with those resources they were eventually hailed into court and effectively shut down. Even if e360 is not the RIAA, Spamhaus, unfortunately, does not have anywhere near resources as KaZaA. SecuriTeam Blogs » The Spamhaus case, a spam-savvy Illinois lawyer perspective

Linked by shanmuga Saturday, 7th October 2006 11:14PM