EarthLink
Identifies and Sues Multi-State Spam Ring [February
18, 2004]
ATLANTA, Feb 18, 2004 /PRNewswire-FirstCall
via COMTEX/ -- EarthLink (ELNK) , one of the nation's
leading Internet service providers, today announced
legal action against a multi-state spam ring in which
16 individuals and corporations sent out more than 250
million illegal junk emails. The lawsuit identifies
alleged individuals and corporations in Florida (Orlando),
California (Woodland Hills, Marina Del Rey, Valencia,
Los Angeles), Tennessee (Medina), Michigan (Southfield)
and Nevada (Las Vegas, Carson City).
According to an Amended Complaint filed
February 17 in U.S. District Court in Atlanta, the "Alabama
Spammers" -- so-called because of their frequent
use of phone lines in and around Birmingham, Alabama
-- represent a technically sophisticated criminal organization
that "engaged in a massive scheme of theft, spamming
and spoofing." The lawsuit alleges that the defendants
used a hierarchy of falsified names, false addresses
and non-existent corporate entities to disguise the
identities of individuals involved.
To further hide their identities, the
defendants used spam emails to direct people to dynamically-hosted
Web sites that would disappear after advertising a product.
Common products advertised by the Alabama Spammers included
Viagra(R), herbal supplements, adult matchmaking services
and spam-for-hire services. Defendants named in the
lawsuit include individuals listed as among the world's
largest spammers by ROKSO, the Register of Known Spam
Operations, maintained by The Spamhaus Project, an anti-spam
organization ( www.spamhaus.org ).
"Because spam imperils the integrity
of the Internet, EarthLink is aggressively pursuing
litigation, technical solutions, consumer education
and legislative support to stop these intrusive and
illegal emails," said Karen Cashion, assistant
general counsel for EarthLink. "Filing lawsuits
against alleged spammers and seeking judgments that
put them out of business is an important way that EarthLink
helps preserve the Internet experience for all users."
In its lawsuit, EarthLink is charging
the defendants with violating federal and state laws,
including federal and state civil RICO laws, the Computer
Fraud and Abuse Act, the Electronic Communications Privacy
Act, and the Georgia Computer Systems Protection Act.
The lawsuit also alleges that the defendants used stolen
or falsified credit cards, identity theft, banking fraud
and other illegal activities to fraudulently purchase
Internet accounts and send out their junk emails.
As in previous cases, EarthLink is asking
for injunctive relief that will prevent the defendants
from illegally spamming any Internet user, regardless
of the user's ISP. EarthLink is also seeking unspecified
damages.
The case against the Alabama Spammers
is the result of a year-and-a-half long investigation
by EarthLink's Abuse Team, led by Mary Youngblood, and
Pete Wellborn, outside legal counsel for EarthLink.
In late 2002, Youngblood noticed a spike in spam coming
from phone lines in Birmingham, Alabama. Youngblood
and her team determined that the spam originated from
a single spammer or group of spammers, and in August
2003, EarthLink filed a lawsuit against "John Does"
1 - 25, aka the Alabama Spammers.
Wellborn's investigation following the
John Doe lawsuit led to EarthLink's identification of
the alleged spammers in the Amended Complaint filed
February 17.
EarthLink's lawsuit against the Alabama
Spammers is the latest example of the ISP's multi-faceted
fight against spam. Last May, EarthLink launched spamBlocker,
becoming the first major ISP to provide a permission-based
spam-fighting tool that blocks virtually 100 percent
of all junk email. That same month, EarthLink won a
$16.4 million judgment and injunctive relief against
Howard Carmack, aka the "Buffalo Spammer,"
shutting down an operation that had generated more than
825 million spam emails on the Internet. EarthLink's
pursuit of Carmack led to his eventual arrest and indictment
by the New York Attorney General's office. Carmack is
scheduled to stand trial in Buffalo, N.Y. in March.
About EarthLink
"EarthLink
revolves around you(sm)." As a leading national
Internet service provider (ISP) headquartered in Atlanta,
EarthLink has earned an award winning reputation for
outstanding customer service and its suite of online
products and services. According to the J.D. Power and
Associates 2003 Internet Service Provider Residential
Customer Satisfaction Study(SM), EarthLink is ranked
highest in customer satisfaction among high-speed Internet
Service Providers. Serving more than five million subscribers,
EarthLink offers what every user should expect from
their Internet experience: high-quality connectivity,
minimal drop-offs and ISP-generated intrusions, and
customizable features. Whether it's dial-up, high-speed,
Web hosting, or wireless Internet service, EarthLink
provides the tools that best let individuals use and
enjoy the Internet on their own terms. Learn more about
EarthLink by calling (800) EARTHLINK or visiting EarthLink's
Web site at www.earthlink.net
.
SOURCE EarthLink |
