A UK MP has called the actions by a US court against Spamhaus outrageous and
will call on the Americans for an apology and the suspension of the judge in
question.
The UK anti-spam organisation
Spamhaus
was found guilty by a judge of harming a spammers business and ordered to
pay £11.7m in costs.
But Derek Wyatt,
chairman of
the All Party Parliamentary Internet Group (Apig), slammed the decision by
the US District Court for the Northern District of Illinois, calling it "
completely and utterly wrong".
"It is outrageous, and not for the first time, the Americans have got it
completely wrong. Spamhaus is one of the greatest intelligence organisations I
have come across; these judgements make the law and the judges look complete
asses," he told Computeractive.
He plans to write to the American embassy demanding an apology and the
suspension of the judge in the case. He will also be talking to Steve Linford,
one of Spamhaus' founders about the legal problem, which Linford is concerned
could escalate further.
The loss of Spamhaus would hit internet users hard. The organisation helps
internet service providers and organisations filter out spam by means of a
blacklist.
The problems for Spamhaus started when David Linhardt (aka
e360 Insight), named as a spammer by
Spamhaus, filed a lawsuit in an Illinois court, which it did not contest in
person.
He claimed that voluntary organisation Spamhaus has a business in Illinois
enabling him to sue. Spamhaus presented paperwork proving it had no business in
Illinois, so was outside the court's jurisdiction.
If it had gone to court to defend itself, this would have been considered an
admitance that it fell within the court's jurisdiction.
Linford said Spamhaus followed all the procedures that it could. "We followed
the rules of the court but it had no effect, the case continued and here we are.
"
The decision creates a legal mess for Spamhaus. In September, Judge Charles
Kocoras of the Illinois court issued a default ruling which ordered Spamhous to
pay damages of $11.7m to e360insight and its chief executive, Linhardt.
Spamhaus was also barred from causing any email sent by e360insight or
Linhardt to be "blocked, delayed, altered, or interrupted in any way" and
ordered the anti-spam organisation to publish an apology stating that Linhardt
and his company are not spammers.
Although the judgements can't be enforced in the UK, last week the judge also
issued a proposed order that calls on Icann and Tucow to suspend Spamhaus'
internet service.
Icann, the non-profit organisation set up
to manage the domain name system of the internet, lacks the legal powers to
comply as it does not maintain the dot org registry. Nor can it force
registrars, such as Tucow to delete domain names.
Tucow is based in Canada so it may not be
concerned by the US call. Additionally Spamhaus is now fighting back and has
some powerful friends.
A number of large US organisations and legal firms are ready to defend it, as
is one US government agency. Linford hopes Wyatt can persuade the UK Government
to offer its support as well.
You can read
updates on the case
on the Spamhaus website .
Reader comments