Is this where I say I told you so? e360insight v Spamhaus - the latest
"...The organisation [Spamhaus] is concerned at how far the US court will go while it appeals the ruling. Its greatest fear is that the judge will ask the Internet Corporation for Assigned Names and Numbers (Icann) to suspend the spamhaus.org domain.
The anti-spam group maintains that this cannot actually happen owing to the effect the shutting down of the domain would have on the internet...."
What I want to know is, where the heck were Spamhaus's legal counsel when Spamhaus made the very silly decision to simply ignore the US lawsuit because they're in the UK and they felt somehow "safe"? Did Spamhaus receive bad advice, or did they ignore good advice? Only Spamhaus knows.
Spamhaus says "To ensure that this does not happen we are working with lawyers to find a way to appeal/contest the ruling and stop further nonsense by this spammer," Let's hope its not too little too late.
I said back in September that "This 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." Some argued against that opinion.
Now Spamhaus has "hinted that it could give up the ghost rather than face more legal issues with a workaround".
They should have fought this issue. Whoever it was that told Spamhaus that they were "safe" in the UK or did not discourage the misapprehension that USA laws couldn't touch Spamhaus, have a lot of explaining to do.
"Linhardt's lawyers have filed a request with the judge to ask the Internet Corporation for Assigned Names and Numbers, which manages domain name addresses, to shut down Spamhaus. In a response, dated Oct. 9, ICANN wrote that it does not have the ability or authority to suspend domain names."
"ICANN said that in most cases only the Internet registrar with whom the registrant has a contractual relationship can suspend an individual domain name. Tucows officials could not be reached for comment."
Be warned, it ain't over yet. ICANN's standing on this issue can be argued against, and ICANN did say "in most cases". I understand that Tucows falls under the auspices of US law as well, so what happens when e360insight turns their attention to them... or to the US based Spamhaus volunteers... this could get *real* messy. $11.7 million is a lot of money to fight for.
Draft orders here (PDF format):
My previous posts on the issue:
Spamhaus v e360Insight... dead but not gone - this blog posts explains the potential dangers Spamhaus faces
Spamhaus get slapped down... ordered to pay $11.7m to alleged spammers e360insight - a commentary on the original lawsuit result, and whether Spamhaus was right or wrong to thumb their noses at the Courts.
Spamhaus v Illinois.. spammer dirty tricks