Information about this court ruling can be found on Spamhaus.s web site,
here:
http://www.spamhaus.org/archive/legal/e360/kocoras_order_6_10.pdf
Apparently, at this stage, it is only a proposed ruling. But I am no
lawyer.
Gadi.
While it's OK to discuss the issue of a U.S. court ordering ICANN to suspend domains of foreign organizations, please would NANOG refrain from threads making legal assumptions based on this particular case or comments otherwise giving the spammers ideas on how to get better orders from U.S. courts.
Spamhaus responded to the initial lawsuit and judgement here:
http://www.spamhaus.org/legal/answer.lasso?ref=3
Steve Linford
The Spamhaus Project
http://www.spamhaus.org
This is a really good perspective on the subject, from an Illinois bar
lawyer:
http://blogs.securiteam.com/index.php/archives/664
While it's OK to discuss the issue of a U.S. court ordering ICANN to suspend
domains of foreign organizations, please would NANOG refrain from threads
making legal assumptions based on this particular case or comments otherwise
giving the spammers ideas on how to get better orders from U.S. courts.
IMHO at this point the subject is off-topic, especially given the way some
members of this forum continually seek to give unqaulified legal advice.
Yes, the FINAL ruling will presumably have legal impications for both
spamhaus and ISP's who use their lists, BUT, until all litigation in this
case is settled, speculation and comment will NOT help.
Pesonally speaking I know which I would prefer.. To see Spamahaus continue
its effective and much needed work in helping to limit the impact of major
spam sources.
Barry.
Director
Euhosts.net
Here's an excerpt from the blog entry:
"Instead of badmouthing the judge, what I would imagine is far more
productive are letters from ISPs around the world attesting to the
importance of Spamhaus as an organization and emphasizing how it is
the individual ISP, not Spamhaus, making the affirmative choice to
stop e360s messages from entering your servers and your property."
The author also says:
"Maybe counsel for one of the larger ISPs would be willing to act as a
clearinghouse and file the letters, en masse, with the court."
I hope folks take these comments to heart.
I posted my own experience to the blog.
I encourage others to do so.
Thomas
Gadi Evron wrote: