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A Litigator’s View of the Law on Message Abuse

Explore laws and tactics against message abuse such as spam, phishing, and viruses. Learn about legal frameworks at state, federal, and international levels, as well as the effectiveness of civil and criminal enforcement methods. Discover the implications and challenges faced in combating 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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