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A Litigator’s View of the Law on Message Abuse

A Litigator’s View of the Law on Message Abuse A Presentation to the Messaging Anti-Abuse Working Group Summit May 18, 2004 Jon Praed Internet Law Group JonPraed@aol.com. What is Message Abuse? Theft & property destruction via spam, phish, viruses & worms. Laws Against Message Abuse.

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A Litigator’s View of the Law on Message Abuse

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  1. A Litigator’s View of the Law on Message Abuse A Presentation to the Messaging Anti-Abuse Working Group Summit May 18, 2004 Jon Praed Internet Law Group JonPraed@aol.com

  2. What is Message Abuse?Theft & property destructionvia spam, phish, viruses & worms

  3. Laws Against Message Abuse • AUPs – Setting expectations • Common Law – trespass to chattels • State Statutes (VA Computer Crimes Act; WA anti-spam laws) • Federal Statutes (CAN Spam Act; Computer Fraud & Abuse Act) • Foreign Laws • International Treaties • Extra-Legal Measures

  4. Law’s Objectives • Injunctions • Damages • Bankruptcy • Imprisonment • General & Specific Deterrence • Retribution • Education

  5. Is It Working? • Enforcement system is not yet mature • Criminal enforcement & international cooperation lag • Civil enforcement still requires deep pockets & information • Individual victims feel like mere observers • Civil enforcement works • You can sue where the spam lands -- Verizon Online v. Ralsky • Lawsuits change the economics of abuse -- breaking the webmaster model -- AOL v. CEN • Contempt is real -- AOL v. CN Productions • Bankruptcy is not an option • Criminal enterprise is not yet mature either

  6. A Litigator’s View of the Law on Message Abuse A Presentation to the Messaging Anti-Abuse Working Group Summit May 18, 2004 Jon Praed Internet Law Group JonPraed@aol.com

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