MySpace Wins $234 Million CAN-SPAM Case

LOS ANGELES — Social networking site MySpace has won a $234 million legal judgment under the CAN-SPAM law over junk messages sent to MySpace members after defendants Sanford Wallace and Walter Rines failed to show up in court.

The judgment is thought to be the largest ever made against senders of unsolicited commercial email.

"Anybody who's been thinking about engaging in spam are going to say 'Wow, I better not go there,'" Hemanshu Nigam, MySpace chief security officer, told the Associated Press. "Spammers don't want to be prosecuted. They are there to make money. It's our job to send a message to stop them."

The two junk mailers created MySpace accounts and took over existing ones by stealing passwords. Using these accounts, they emailed MySpace members fraudulently, making the mail look like it came from trusted friends. Typically, the email asked recipients to view a video or visit a website.

"When you go there, they were making money trying to sell you something, or making money based on hits or trying to sell ringtones," Nigam said.

MySpace said the duo sent 735,925 messages to its members.

In court papers, MySpace said that sending the junk mail cost the company money and generated complaints from hundreds of users. MySpace also claimed that some of the external websites contained pornographic material, potentially harming teenagers who use MySpace.

Under the 2003 CAN-SPAM law, each violation entitles MySpace to $100 in damages, which is tripled when spam is sent "willfully and knowingly."

MySpace sought $157.4 million from Wallace and Rines under CAN-SPAM, plus a further $63.4 million separately from Rines under the same law. MySpace sought another $3 million from the pair under a different section of CAN-SPAM, $1.5 million under California's anti-phishing laws and reimbursement for $4.7 million spent on legal fees.

U.S. District Judge Audrey B. Collins granted every one of MySpace's claims for damages. The judge also issued injunctions against Wallace and Rines, barring similar activities in the future.

John Levine of the antispam advocacy group Coalition Against Unsolicited Commercial Email told reporters he believes MySpace will have a tough job collecting the money.

"The giant judgments are all defaults, which means they don't necessarily even know how to find the spammer."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Examine How 'Derisking' in Banking Affects Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking in the financial services industry, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More