America Online, EarthLink, Microsoft and Yahoo! Team Up to File
First Major Industry Lawsuits Under New Federal Anti-Spam Law
Founding Members of the Industry's Anti-Spam Coalition Form
United Front Against Spammers On Behalf of Online Consumers
Sunnyvale, CA -- March 10, 2004 -- America Online Inc. (NYSE:
TWX), EarthLink Inc. (Nasdaq: ELNK), Microsoft Corp. (Nasdaq: MSFT)
and Yahoo! Inc. (Nasdaq:YHOO - News), a leading global Internet
company,today jointly announced that their collaborative anti-spam
industry efforts have resulted in the coordinated filing of the
first major industry lawsuits under the new federal anti-spam law,
the Controlling the Assault of Non-Solicited Pornography and
Marketing (CAN-SPAM) Act of 2003, which went into effect Jan. 1.
Laptop Battery The country's four leading e-mail and Internet service providers
announced the combined filing of six lawsuits against hundreds of
defendants, including some of the nation's most notorious
large-scale spammers. The lawsuits were announced by senior
executives of the companies at a joint press conference at the St.
Regis Hotel in Washington.
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Thinkpad New Federal Anti-Spam Law
The CAN-SPAM law provides strong new enforcement tools for e-mail
and Internet service providers and law enforcement, and
criminalizes specific tactics spammers use to spread junk e-mail.
The law, which was supported by the four companies, allows for
harsh new penalties against large-scale spammers that use fraud,
deceit and evasion to try to send junk e-mail to consumers.
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Microsoft Each of the four companies last night filed legal complaints in
federal courts in California, Georgia, Virginia and Washington
state. The complaints charge the defendants with sending a combined
total of hundreds of millions of bulk spam e-mail messages to
customers of the four networks. Some of the common allegations
described in the complaints include these:
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Laptop Computers * Deceptive solicitations for a variety of products including
get-rich-quick schemes, prescription drugs, pornography,
instructions for conducting spam campaigns, banned CDs, mortgage
loans, university diplomas, cable descramblers and other common
types of unsolicited e-mail
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Laptop Computer * Use of open proxies (sending spam through third-party
computers to disguise their point of origin)
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Desktop Computer * Falsified "from" e-mail addresses
(spoofing)
Notebooks * Absence of a physical address in the
e-mail
Lenovo * Absence of an electronic unsubscribe
option
Hard Drive Each allegation is a direct violation of the CAN-SPAM law. A
summary of each filing is included below. More detailed information
about each case can be found on each complainant's Web site.
Travelstar Comments
"Today is a red-letter day for big-time spammers, and the letters
they should remember from this day forward are 'CAN- SPAM,'" said
AOL Executive Vice President and General Counsel Randall Boe.
"Congress gave us the necessary tools to pursue spammers with stiff
penalties, and we in the industry didn't waste a moment - moving
with speed and resolve to take advantage of the new law. Consumers
should take note that the new law not only empowered us to help can
the spam, but also to can the spammers as well - and we'll do that,
one spam kingpin at a time if necessary. Our actions today clearly
demonstrate that CAN-SPAM is alive and kicking - and we're using it
to give hardcore, outlaw spammers the boot."
Gateway "Today's bold action represents a decisive step by the leaders
in our industry to preserve the integrity of the Internet and
restore the value of e-mail that spammers have threatened to
undermine," said EarthLink Vice President, Chief Privacy Officer
and Assistant General Counsel Les Seagraves. "Together, we are
using a tough new federal law, combined with existing state laws,
to let criminal spammers know that the nation's leading Internet
providers are united by a common goal - stopping the flow of
illegal and intrusive junk e-mail and strengthening the Internet
experience for all users. Collectively, we are committed to sending
spammers the message that we will find them and use the full force
of the law to stop them."
Laptop Parts "Substantial building blocks have been put into place in the
effort to contain spam," said Microsoft Deputy General Counsel
Nancy Anderson. "With the creation of this anti-spam industry
alliance and the implementation of a federal law to litigate
effectively against spammers, we are witnessing the impact that
this industrywide attack on spam is having. We've had the
opportunity to share investigative best practices and various legal
resources and information to ensure that spammers are going to have
an increasingly difficult time continuing their deceptive practices
with the full force of this industry coming down on them."
Software "We're holding spammers directly accountable for the relentless
infiltration of people's inboxes. We're acting on behalf of the
millions of people who are saying 'enough is enough,'" said Yahoo!
Senior Vice President and General Counsel Mike Callahan. "With
federal legal remedies and industry collaboration, we have a
significant new advantage. We are leveraging new legal tools and
sharing best practices, sending a signal to spammers that they are
facing a more unified front than ever before. This is great news
for all consumers."
Hard Drives The Industry Anti-Spam Alliance
The four companies formed an anti-spam alliance in April 2003.
Coalition members meet regularly to proactively address the spam
problem that threatens the effectiveness of e-mail as an essential
means of communication. Through ongoing industry collaboration with
a number of telecommunications companies and industry partners, the
group expects to make consistent progress in the areas of technical
standards development, as well as improved enforcement techniques
and litigation.
Electronics Beyond today's major enforcement efforts, the anti-spam industry
alliance is making progress on issues related to new and promising
technical Internet standards, specifically regarding the
certification and authentication of e-mail.
Canon Spam continues to drain time, resources and network space from
online companies and inhibit the online experience of consumers
across the medium. Spam remains the chief concern of the four
companies and their customers.
Desktop Pc Today's announcement is the result of substantial corporate
cooperation. By sharing information, resources and investigative
best practices within this industry alliance, these companies have
been able to identify high-volume outlaw spammers for civil
lawsuits - a first and critical stage in the campaign to end
unwanted junk e-mail through stepped-up and coordinated civil
enforcement programs.
Desktop Computers The companies believe that the issue of spam can only be
significantly addressed and resolved through a comprehensive,
multilayered approach that includes anti-spam technologies,
consumer education and awareness, legal enforcement, self-policing
of e-mail account abuse, and stronger partnerships between industry
and government and other regulatory agencies.
Think Pad About America Online
America Online Inc. is a wholly owned subsidiary of Time Warner
Inc. (NYSE: TWX). Based in Dulles, Virginia, America Online is the
world's leader in interactive services, Web brands, Internet
technologies and e-commerce services.
Repair About EarthLink
"EarthLink revolves around you." Celebrating ten years as a
leading national Internet service provider (ISP), Atlanta-based
EarthLink has earned an award-winning reputation for outstanding
customer service and its suite of online products and services.
According to the J.D. Power and Associates 2003 Internet Service
Provider Residential Customer Satisfaction StudySM, EarthLink is
ranked highest in customer satisfaction among high-speed Internet
Service Providers. Serving more than five million subscribers,
EarthLink offers what every user should expect from their Internet
experience: high-quality connectivity, minimal drop-offs and
ISP-generated intrusions, and customizable features. Whether it's
dial-up, high-speed, Web hosting, or wireless Internet service,
EarthLink provides the tools that best let individuals use and
enjoy the Internet on their own terms. Learn more about EarthLink
by calling (800) EARTHLINK or visiting EarthLink's Web site at
www.earthlink.net.
Data Recovery About Microsoft
Founded in 1975, Microsoft (Nasdaq "MSFT") is the worldwide leader
in software, services and Internet technologies for personal and
business computing. The company offers a wide range of products and
services designed to empower people through great software - any
time, any place and on any device. About Yahoo!
Yahoo! Inc. is a leading provider of comprehensive online products
and services to consumers and businesses worldwide. Yahoo! is the
No. 1 Internet brand globally and the most trafficked Internet
destination worldwide. Headquartered in Sunnyvale, Calif., Yahoo!'s
global network includes 25 world properties and is available in 13
languages.
Cisco America Online is a registered trademark of Time Warner.
Earthlink and the EarthLink logo are registered trademarks of
EarthLink, Inc.
Microsoft is a registered trademark of Microsoft Corp. in the
United States and/or other countries.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
Keyboard For more information, press only:
Nicholas Graham, America Online, (703) 265-1746
Carla Shaw, EarthLink, (404) 748-7267,
shawcm@corp.earthlink.net
Carrie Loe, Waggener Edstrom for Microsoft, (425) 638-7000,
carriel@wagged.com
Rapid Response Team, Waggener Edstrom for Microsoft, (503)
443-7070, rrt@wagged.com
Mary Osako, Yahoo!, (408) 349-5528, mosako@yahoo-inc.com
Monitor # # #
Desktop Case Summaries
America Online
Infosys AOL v. Davis Wolfgang Hawke, et al.
Davis Wolfgang Hawke (also known as Dave Bridger), Braden
Bournival and unknown John Doe Defendant co-conspirators are
alleged to have transmitted millions of spam email messages
directing AOL Members to websites selling "Pinacle" penis
enlargement pills, weight loss supplements, hand-held
devices advertised as "personal lie detectors," and a product
labeled "the Banned CD." These spam messages were transmitted
between July 1, 2003 and the present. The complaint alleges that
AOL has tallied at least 100,000 member complaints about messages
advertising these products. In
addition, the complaint alleges that Hawke also offered to provide
or sell a number of illegal spam-related goods and services under
the apparently fictitious name "Dave Bridger," including:
Refurbished Laptops * Providing "250 free proxies every day to [Hawke's] affiliates"
and offering to "pay them $20 per sale for Pinacle, an
herbal penis enlarger"
Wipro * Offering "bulk friendly hosting" on servers located in China,
Latin America, or other foreign countries, so that mailers could
"point your domains to our server if it helps you get into specific
domains like AOL"
Lap Top * Selling millions of AOL addresses, and "cracked" bulk mailer
programs
Refurbished AOL v. John Does 1-40
AOL's Complaints alleges: From at least November 2003 to the
present, unknown John Doe Defendants have transmitted millions of
spam messages to AOL Members advertising numerous websites selling
a variety of products, including mortgage leads, adult-content
websites and business opportunities. The messages are transmitted
through fraudulent means to make it difficult to determine the
identity of those responsible, and contain misleading subject
lines, including the completely false claim in some that the spam
message is an "important message from AOL." The John Doe Defendants
also used other deceptive tactics in an attempt to evade AOL's spam
filters, including random text in the body of their messages. AOL
has already tied more than half a million Member complaints to
these Defendants (and is still counting complaints attributable to
them). On some days, complaints about these spammers constituted as
many as 10% of all AOL Member complaints about spam.
Memory EarthLink
Intel EarthLink v. John Does 1-25 (The "Prescription Drug Spammers");
John Does 26-35 (The "Mortgage Lead Spammers"); John Does 36-45
(The "Cable Descrambler Spammers"); John Does 46-55 (The
"University Diploma Spammers"); and John Does 56-65 (The "Get Rich
Quick Spammers") and John Does 66 - 75, other spammers.
Since January 1, John Doe defendants 1 - 75 have been responsible
for a substantial portion of the incoming spam on EarthLink's
network, sending millions of spam emails to advertise Websites
selling prescription drugs, mortgage leads, cable descramblers,
university diplomas and get-rich-quick schemes. The defendants have
hidden their identities with false domain-name registration
information, falsified headers, fake "from" lines and misleading
subject lines, violating the federal CAN SPAM Act, EarthLink's
Acceptable Use Policy and other state and federal laws. Some of the
defendants have used text randomizers to insert long passages of
gibberish in messages in attempts to evade EarthLink's spam
filters.
As400 Fingerprint phrases and sample subject lines include: "Enjoy
deep discount meds here," "G_eneric via-gra 60% cheap*r cowslip,"
"promote someone else's online business and cash in big," "make
over $1000 per day," and "attention single mothers."
Averatec Microsoft
Hardware MICROSOFT CORPORATION v. JDO MEDIA, INC., a Florida Corporation,
and JOHN DOES 1-50 (United States District Court, Western District
of Washington)
This lawsuit charges JDO Media, Inc. ("JDO"), a Florida company,
and other unknown defendants, with operating an automated
multi-level marketing ("MLM") program that is advertised through
spam, and that instructs its members on how to generate leads for
the program, or for other products, through spam. The lawsuit
alleges that Hotmail subscribers have been barraged by millions of
illegal emails touting this program.
Dual Xeon The lawsuit alleges that the spam used to promote the program is
intentionally routed through open proxies, contains header
information that is false and misleading, and uses other
obfuscatory methods to disguise the senders' identities. This
lawsuit also charges that the email advertising the program
contains misleading subject lines such as "This is your lucky day",
"Elite, Professional Invitation", and "Warning!!! These three
minutes could change your life". Many of these email messages are
sent with "high priority." These deficiencies are all alleged to be
in violation of the federal CAN-SPAM Act.
Storage Alleged CAN-SPAM Violations
Seagate * falsified from email addresses and transmission
paths
Computer Sales * use of open proxies
Computer Hardware * deceptive subject lines
Printers * no physical address on some of the
messages
Technology MICROSOFT CORPORATION v. JOHN DOES 1-50, d/b/a Super Viagra
Group (United States District Court, Western District of
Washington)
This lawsuit alleges that the Super Viagra Group has sent hundreds
of millions of illegal e-mail messages to Hotmail subscribers
advertising either "Super Viagra" or a
weight
loss patch. The e-mailing practices of this spam group
are sophisticated, and are alleged to be in violation of the
federal CAN-SPAM Act and other state and federal law.
Mainframe The lawsuit contends that the Super Viagra Group routes its
e-mail messages through open proxies and hijacked computers in
countries around the world, uses misleading transmission
information and subject lines, and take other actions to disguise
their true identities. The lawsuit identifies almost forty
different domain names where, allegedly, the Super Viagra Group's
products can be purchased. The identified domains are registered to
individuals in Argentina, Turkey, Russia,
South
Africa, South Korea, Lithuania, and India.
Samsung Alleged CAN-SPAM Violations
Computer Repair * open proxies for some or all emails
Used Computers * falsified from email addresses on most or all
emails
Network * deceptive subject lines on some emails
Digital Cameras * no physical address on most emails
Desktops * no electronic unsubscribe option on some
emails
Cognos Yahoo! Inc.
Hosting Yahoo! Inc. vs. Eric Head, Matthew Head and Barry Head, and
their companies Gold Disk Canada, Inc., Head Programming, Inc., and
Infinite Technologies Worldwide, Inc. collectively known as "The
Head Operation."
Netfinity Alleged Spam Activity:
Defendants were on Yahoo! Mail's "Most Wanted" spammer list for
allegedly sending millions of spam messages. In January 2004,
Yahoo! Mail received approximately 94 million total e-mails from
The Head Operation.
Internet * Disguised Identity: The use of open proxies from countries all
over the world to disguise the origin of the messages.
Cheap Computer * Unsolicited Commercial Messages: Messages consisted of
solicitations for life insurance, mortgage and debt consolidation
and travel services.
Digital Camera * Deceptive Subject Lines: Messages included misleading subject
lines, including "past due account."
Printer * Sold Personal Data: Defendants allegedly collected personal
information, such as the names and e-mail addresses of Yahoo! Mail
users who responded to the defendants' spam solicitations, and sold
the information as "leads" to marketers.
Xseries * False Domains: The domain names for the websites promoted in
the messages were falsely registered to individuals with physical
addresses in China.
Maxtor * Font Tricks: The defendants used color font tricks to hide
randomized text in an attempt to circumvent the SpamGuard
filter.
Data Storage Yahoo! and the Yahoo! logo are trademarks and/or registered
trademarks of Yahoo! Inc.
All other names are trademarks and/or registered trademarks of
their respective owners
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