Tag Archives: legitimate Internet

Why Did EarthLink Drop Charges?

What’s the story behind EarthLink’s decision to drop charges in part of the Alabama Spammer spam case? The Atlanta Business Chronicle yesterday said:

Atlanta-based EarthLink dismissed charges against Alyx Sachs and Albert Ahdoot and said it believes the two were victims of a massive and sophisticated campaign of identity theft and that they were unaware of and had no role in spamming. In January 2005, EarthLink scored a legal victory against the Alabama Spammers.

That must have been quite a campaign to dupe EarthLink, who one assumes are quite good at sorting their wheat from their chaff. The press release itself leaves no doubt that EarthLink feels the two are on the good side of the email marketing fence:

“Sachs and Ahdoot are considered professionals in legitimate internet marketing and recognized leaders in web based advertising,” says their attorney, Paul Sigelman. “Their dismissal is a clean triumph of truth for legitimate Internet ad agencies.”

Earthlink noted that after careful evaluation, it believes Alyx Sachs and Albert Ahdoot are by their own company policies diligent in enforcing maintenance of a spam-free Internet Ad business and prohibit the sending of unsolicited commercial email.

Sachs and her company (I think it was Netglobalmarketing, but the domain has expired) were the subject of a NYT piece in April 2003, and legal threats against Techdirt shortly thereafter after a reader of the site published the duo’s contact details (further discussed on Slashdot).

Ahdoot seems to have been near the top of the SpamHaus list of top (alleged) spammers, but is now nowhere to be found. I can see an interesting tale lurking behind this. How can one be a ‘top spammer’ one day and then the victim of massive identity theft the next?

WhenU’s Popup Victory

WhenU, now known as Claria, has won what it calls an “important decision for the entire Internet industry” in its motion to enjoin the Utah Spyware Control Act, passed in March. WhenU had argued the Act “affects legitimate Internet advertising companies and therefore violates the First Amendment and dormant Commerce Clause of the United States Constitution, among other laws”. (Here’s a CNET story on the verdict.)

If I understand the ruling correctly (and this is based largely on Ben Edelman’s assistance), the judge has ruled that, in this particular law, Utah was unconstitutional in trying to limit popups, while it was within the constitution in trying to outlaw spyware — or more specifically, software that is installed without a licence and lack a proper uninstall procedure. As the judge did no want to break the act in half he ruled in favour of a preliminary injunction for WhenU. Ben, who works as a consultant for the Utah government, reckons WhenU could lose on appeal, since under Utah law, the judge “is obliged to regard the act as ‘severable'” — in other words, that he can keep parts and discard parts.

Avi Naider, WhenU’s Chief Executive Officer, meanwhile, is celebrating his victory. “Spyware is a problem and we want to put an end to it,” he says in a press release. “WhenU supports appropriate anti-spyware legislation at the federal level, but unfortunately Utah’s Act also impairs legitimate Internet advertising.”