Unspam's At it Again - the Spam Harvester Lawsuit


PC World reports that Unspam (through Project Honeypot / represented by Internet law Group) filed a one billion  (!) dollar lawsuit against email harvesters. 

An AP article notes: 
Collecting e-mail addresses is not by itself illegal, but Praed [of Internet Law Group]  said the plaintiffs will be able to link the harvesting to spam e-mails, which are illegal under federal and state laws. Those laws allow individuals who receive unwanted spam to seek civil damages.
Sounds questionable to me.  Unless the emailer knew or had reason to know that there was improper harvesting I don't see where the claim is against the emailer.  As the article notes, harvesting is not illegal under CAN-SPAM (it is an aggravating factor). 

Also, only state AGs the FTC and providers of "Internet Access Services" may bring claims under CAN-SPAM.  I haven't looked at the Complaint, but Unspam may have a problem fitting this definition and also showing it was damaged in any way.  It's trying to act as a private attorney general for a statute that does not envision (other than ISPs) any such private attorneys general.  [via How Appealing]

More:  you can access a copy of the complaint here.  Color me unimpressed.  There's no saying how the lawsuit will fare but it has a ton of issues - ranging from disfavor of John Doe lawsuits to the "internet access service" issues to damages issues.  Couple that with the statement on their website:
Obviously a large chunk would go to paying legal fees. Intriguingly, though, since we will know what Project Honey Pot members provided the data that ends up winning the case, maybe we'll be able to send them a little bonus. :-)
That, my friends, is one unattractive lawsuit.
 
 
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