Spamhaus v e360Insight... dead but not gone
Spamhaus get slapped down... ordered to pay $11.7m to alleged spammers e360insight
Spamhaus v Illinois..
Things have gone quiet in the press about the Spamhaus v e360insight suit, but that does not mean that the issue has gone away. There is a new article on the SecuriTeam article about this very issue:
I've already had my say about what I think was a very wrong move by Spamhaus to do what they did, thumbing their noses at the U.S courts while sitting back in what they thought was safe comfort in the UK. As I said, the decision has many implications, not only for the future viability of Spamhaus and its service (and perhaps Spamhaus's continuing existence), but also for other spam reporting services such as Spamcop. It seems that Matthew Prince, Adjunct Professor of Law, John Marshall Law School, who was consulted by SecuriTeam, also feels that Spamhaus should not have ignored this suit for various reasons, a couple of biggies being:
- The risk that USA based volunteers could be criminally at risk.
- The risk that ICANN (which is subject to U.S. law) may be ordered to shut down the Spamhaus domain (to quote: "All it will take for this to end badly for Spamhaus is one lawyer at ICANN getting a little bit spooked and Spamhaus could lose not only it’s .org but potentially any other TLD that ICANN controls.")
- Other "chain of command" vulnerabilities subject to US law (quote: "For example, going after Tucows;(Spamhaus’s Canadian-based registrar), going after Public Interest Registry (PIR, which controls the .org TLD and is based in the U.S.), going after the Spamhaus servers (at least some of which appear to be based in the U.S.), and going after the U.S.-based volunteers themselves (i.e., criminal contempt).")
It may be too late for Spamhaus to easily undo the damage they have done to their own case and only time will tell how far e360sight are going to try and push this. Considering Spamhaus is allowing e360insight to ask for whatever they want, unchallenged, anything is possible.