Citizens Cannot Use CAN-Spam to Sue Spammers: District Court Rejects Appeal
When a lawyer thinks about test cases, usually the main considerations revolve around the makeup of the plaintiff and the defendant. Lawyers want to put the white hat on the plaintiff and the black hat on the defendant. With the CAN-Spam Act, that consideration is fairly straightforward: pick a spammer for a defendant and someone who’s inbox is bursting with more Viagra and laser printer toner ads and important career information that will make you look three inches taller than a newspaper recycling bin brimming with the Sunday paper leftovers. But a word of caution here: the CAN-Spam Act’s private enforcement provisions are limited to “Internet access service” providers (like Comcast, Cox, AT&T), not you and me as individuals.
Still, not an impossible task. Round up some exemplarly emails and ask the big guys to file suit. It has already happened – MySpace won a $230 million victory against spammers who sent 730,000 emails, but reportedly hasn’t collected on the judgment. One spammer was convicted of felony spamming, sentenced to nine years in jail, but was later allowed by the Virigina Supreme Court to challenge the constitutionality of the statute.
Nevertheless, the United States continues to be the target of almost 30% of the world’s spam. If you have any doubt, look in your inbox. But I’m getting off track. We’re still looking for a white-hat plaintiff to file suit against spammers.
Enter Jim Gordon, who owned gordonworks.com and got too much spam. To put an end to it, Gordon sought $10 million from two companies, Virtumundo, Inc. and Adknowledge, Inc. as well as their sole shareholder, Scott Lynn, who the court called “in modern parlance, spammers.” Gordon filed suit under the federal CAN-Spam Act after collecting thousands of unsolicited bulk emails as evidence that Virtumundo was a spammer of the worst kind.
The federal District Court for the Western District of Washington granted summary judgment to Virtumundo earlier this year ruling that Gordon had not suffered “adverse effects” within the meaning of CAN-Spam. Yep, he lost, but then appealed.
The Ninth Circuit just rejected an appeal from Gordon, upholding the lower court’s decision and fing that Gordon was not an “Internet access service” provider, and therefore did not have standing to sue. Ninth Circuit Judge Richard Tallman wrote:
[O]ur review of the congressional record reveals a legitimate concern that the private right of action be circumscribed and confined to a narrow group of private plaintiffs. [T]his demonstrates to us that lawmakers were wary of the possibility, if not the likelihood, that the siren song of substantial statutory damages would entice opportunistic plaintiffs to join the fray, which would lead to undesirable results. While Congress did not intend that standing be limited to fee-for-service operations, we think it did intend to exclude plaintiffs who, despite certain identifying characteristics, did not provide the actual, bona fide service of a legitimate operation.
Finally, the Court noted:
It matters not that [Gordon] entered the keystrokes or clicked the mouse. Nor is it relevant that he created gordonworks.com e-mail addresses for family and friends, and not merely himself. While Verizon and GoDaddy might have a compelling argument that they are IAS providers within the meaning of the CAN-SPAM Act, Gordon’s claim that he holds such elite status is unconvincing.
And with that, the Court ruled against Jim Gordon and all private users of the Internet to attack spam through the CAN-Spam Act. Oh look, I just got another email. How about that? I can lose a pound a day on this diet!!!
[thanks to dok1 and j. craig williams via cc]
Jake Warner Profile: The Self-Help Legal Trailblazer
We all know that legal fees are sometimes unaffordable by those with limited income.
We all know some people will not have the capacity to hire lawyers and represent them in every dispute they may find themselves in.
So, placed in a difficult situation, these people turn to free legal aid given by the government. The problem however, is that there are thousands of low-income people needing legal assistance and there are not enough lawyers to go around – the outcome is a long waiting list.
One of the problems is that the legal aid system is limited in helping only the poor, which leaves out the middle class income earners who also need the financial help with their legal expenses, which can make these people unable to afford hiring private lawyers to represent them. This is where Ralph “Jake” Warner got his idea when he co-founded Nolo Press in 1971. He believes in reshaping the legal system and makes it easy for everyone to understand. The motto of the company is “Law for All”. Jake Warner believes that law is an integral part of democracy and he is passionate about it. His goal, achieved through Nolo Press, is to reshape the law by putting it in layman terms and make it easily accessible by everyone.
Jake Warner must have been greatly influenced by the prevailing “free living” concept of his era in 1966. The sentiment at that time was anti-corporate and all about communal living and free love. Many of his fellow graduates eschewed the traditional path out of law school of getting into the big law firms and getting big money. His classmates liked the idea of working pro-bono, helping others get legal representation at low costs or even free.
Jake had the dream of making law accessible to all and this goal has driven him to find a way to make it accessible to middle class income earners who were previously not qualified to get help from legal aid. In 1971, Warner and his business partner Ed Sherman, published their first book titled “How to Do Your Own Divorce“. The book was written by Sherman and for quite a long time they lugged cases and cases of this book door-to-door to various bookstores until they found a distributor that was willing to represent them.
Today Jake Warner serves as chief executive for Nolo Press, and they put out dozens of self-help law books a year covering varying topics such as landlord-tenant rights and estate planning. He remains aggressive and passionate about making law accessible to all by publishing books like “Nolo’s Quick LLC: All You Need to Know About Limited Liability Companies” and many more. His company also produces software, like “Quicken Willmaker“, which is a bestseller and they are also launching a bid to sell legal forms and products online.
Thanks to people like Jake Warner, people of limited means now have a choice when it comes to representing themselves in court. While no one will deny that the services of a lawyer are without comparison, NOLO has given people an option and has given many people a taste of the law – perhaps spawning more than a few future law students looking to further their legal education.
Jake Warner received his law degree from Boalt Hall School of Law at the University of California at Berkeley and his undergraduate degree from Princeton.
Top 100 Law Schools in America for 2009
1. Yale University
New Haven, CT
Score 100 Tier 1
Out-of-state tuition (full-time) $43,750
2007 Total enrollment (full-time) 586
2. Harvard University
Cambridge, MA
Score 91 Tier 1
Out-of-state tuition (full-time) $39,325
2007 Total enrollment (full-time) 1,734
2. Stanford University
Stanford, CA
Score 91 Tier 1
Out-of-state tuition (full-time) $39,916
2007 Total enrollment (full-time) 538
4. Columbia University
New York, NY
Score 88 Tier 1
Out-of-state tuition (full-time) $43,470
2007 Total enrollment (full-time) 1,236
5. New York University
New York, NY
Score 85 Tier 1
Out-of-state tuition (full-time) $40,890
2007 Total enrollment (full-time) 1,424
6. University of California–Berkeley
Berkeley, CA
Score 81 Tier 1
Out-of-state tuition (full-time) $39,141
2007 Total enrollment (full-time) 864
7. University of Chicago
Chicago, IL
Score 80 Tier 1
Out-of-state tuition (full-time) $39,198
2007 Total enrollment (full-time) 607
7. University of Pennsylvania
Philadelphia, PA
Score 80 Tier 1
Out-of-state tuition (full-time) $41,960
2007 Total enrollment (full-time) 782
9. Northwestern University
Chicago, IL
Score 79 Tier 1
Out-of-state tuition (full-time) $42,942
2007 Total enrollment (full-time) 771
9. University of Michigan–Ann Arbor
Ann Arbor, MI
Score 79 Tier 1
Out-of-state tuition (full-time) $41,949
2007 Total enrollment (full-time) 1,148
9. University of Virginia
Charlottesville, VA
Score 79 Tier 1
Out-of-state tuition (full-time) $38,500
2007 Total enrollment (full-time) 1,175
12. Cornell University
Ithaca, NY
Score 77 Tier 1
Out-of-state tuition (full-time) $42,683
2007 Total enrollment (full-time) 583
12. Duke University
Durham, NC
Score 77 Tier 1
Out-of-state tuition (full-time) $40,748
2007 Total enrollment (full-time) 583
14. Georgetown University
Washington, DC
Score 74 Tier 1
Out-of-state tuition (full-time) $39,390
2007 Total enrollment (full-time) 1,605
15. Vanderbilt University
Nashville, TN
Score 72 Tier 1
Out-of-state tuition (full-time) $39,838
2007 Total enrollment (full-time) 601
16. University of California–Los Angeles
Los Angeles, CA
Score 71 Tier 1
Out-of-state tuition (full-time) $37,648
2007 Total enrollment (full-time) 1,025
16. University of Texas–Austin
Austin, TX
Score 71 Tier 1
Out-of-state tuition (full-time) $35,130
2007 Total enrollment (full-time) 1,291
18. University of Southern California (Gould)
Los Angeles, CA
Score 68 Tier 1
Out-of-state tuition (full-time) $42,640
2007 Total enrollment (full-time) 598
19. Washington University in St. Louis
St. Louis, MO
Score 67 Tier 1
Out-of-state tuition (full-time) $38,189
2007 Total enrollment (full-time) 801
20. George Washington University
Washington, DC
Score 65 Tier 1
Out-of-state tuition (full-time) $38,198
2007 Total enrollment (full-time) 1,412
21. Boston University
Boston, MA
Score 64 Tier 1
Out-of-state tuition (full-time) $36,806
2007 Total enrollment (full-time) 815
22. Emory University
Atlanta, GA
Score 63 Tier 1
Out-of-state tuition (full-time) $38,176
2007 Total enrollment (full-time) 709
22. University of Minnesota–Twin Cities
Minneapolis, MN
Score 63 Tier 1
Out-of-state tuition (full-time) $32,005
2007 Total enrollment (full-time) 793
22. University of Notre Dame
Notre Dame, IN
Score 63 Tier 1
Out-of-state tuition (full-time) $35,950
2007 Total enrollment (full-time) 563
25. Washington and Lee University
Lexington, VA
Score 62 Tier 1
Out-of-state tuition (full-time) $33,685
2007 Total enrollment (full-time) 395
26. Boston College
Newton, MA
Score 61 Tier 1
Out-of-state tuition (full-time) $36,590
2007 Total enrollment (full-time) 778
27. Fordham University
New York, NY
Score 60 Tier 1
Out-of-state tuition (full-time) $39,450
2007 Total enrollment (full-time) 1,191
27. University of Illinois–Urbana-Champaign
Champaign, IL
Score 60 Tier 1
Out-of-state tuition (full-time) $36,056
2007 Total enrollment (full-time) 587
27. University of Iowa
Iowa City, IA
Score 60 Tier 1
Out-of-state tuition (full-time) $32,589
2007 Total enrollment (full-time) 633
30. College of William and Mary (Marshall-Wythe)
Williamsburg, VA
Score 59 Tier 1
Out-of-state tuition (full-time) $28,536
2007 Total enrollment (full-time) 617
30. University of Washington
Seattle, WA
Score 59 Tier 1
Out-of-state tuition (full-time) $26,231
2007 Total enrollment (full-time) 528
32. Ohio State University (Moritz)
Columbus, OH
Score 58 Tier 1
Out-of-state tuition (full-time) $33,946
2007 Total enrollment (full-time) 669
32. University of Alabama
Tuscaloosa, AL
Score 58 Tier 1
Out-of-state tuition (full-time) $22,170
2007 Total enrollment (full-time) 492
32. University of Colorado–Boulder
Boulder, CO
Score 58 Tier 1
Out-of-state tuition (full-time) $31,278
2007 Total enrollment (full-time) 530
32. University of Georgia
Athens, GA
Score 58 Tier 1
Out-of-state tuition (full-time) $29,054
2007 Total enrollment (full-time) 642
36. Indiana University–Bloomington
Bloomington, IN
Score 57 Tier 1
Out-of-state tuition (full-time) $34,486
2007 Total enrollment (full-time) 619
36. University of Wisconsin–Madison
Madison, WI
Score 57 Tier 1
Out-of-state tuition (full-time) $32,774
2007 Total enrollment (full-time) 807
38. George Mason University
Arlington, VA
Score 56 Tier 1
Out-of-state tuition (full-time) $28,532
2007 Total enrollment (full-time) 503
38. University of Arizona (Rogers)
Tucson, AZ
Score 56 Tier 1
Out-of-state tuition (full-time) $28,574
2007 Total enrollment (full-time) 453
38. University of California (Hastings)
San Francisco, CA
Score 56 Tier 1
Out-of-state tuition (full-time) $35,345
2007 Total enrollment (full-time) 1,215
38. University of North Carolina–Chapel Hill
Chapel Hill, NC
Score 56 Tier 1
Out-of-state tuition (full-time) $25,422
2007 Total enrollment (full-time) 699
42. University of Maryland
Baltimore, MD
Score 55 Tier 1
Out-of-state tuition (full-time) $31,814
2007 Total enrollment (full-time) 678
42. Wake Forest University
Winston-Salem, NC
Score 55 Tier 1
Out-of-state tuition (full-time) $31,500
2007 Total enrollment (full-time) 452
44. Tulane University
New Orleans, LA
Score 54 Tier 1
Out-of-state tuition (full-time) $36,670
2007 Total enrollment (full-time) 752
44. University of California–Davis
Davis, CA
Score 54 Tier 1
Out-of-state tuition (full-time) $37,734
2007 Total enrollment (full-time) 577
46. American University (Washington)
Washington, DC
Score 53 Tier 1
Out-of-state tuition (full-time) $37,190
2007 Total enrollment (full-time) 1,246
46. Brigham Young University (Clark)
Provo, UT
Score 53 Tier 1
Out-of-state tuition (full-time) $17,400
2007 Total enrollment (full-time) 457
46. Southern Methodist University
Dallas, TX
Score 53 Tier 1
Out-of-state tuition (full-time) $34,576
2007 Total enrollment (full-time) 562
46. University of Connecticut
Hartford, CT
Score 53 Tier 1
Out-of-state tuition (full-time) $36,960
2007 Total enrollment (full-time) 484
46. University of Florida (Levin)
Gainesville, FL
Score 53 Tier 1
Out-of-state tuition (full-time) $30,174
2007 Total enrollment (full-time) 1,290
51. University of Utah (Quinney)
Salt Lake City, UT
Score 52 Tier 1
Out-of-state tuition (full-time) $26,256
2007 Total enrollment (full-time) 397
52. Arizona State University (O’Connor)
Tempe, AZ
Score 50 Tier 1
Out-of-state tuition (full-time) $26,320
2007 Total enrollment (full-time) 595
52. University of Cincinnati
Cincinnati, OH
Score 50 Tier 1
Out-of-state tuition (full-time) $33,102
2007 Total enrollment (full-time) 356
52. University of Tennessee–Knoxville
Knoxville, TN
Score 50 Tier 1
Out-of-state tuition (full-time) $27,762
2007 Total enrollment (full-time) 469
55. Baylor University (Umphrey)
Waco, TX
Score 49 Tier 1
Out-of-state tuition (full-time) $33,294
2007 Total enrollment (full-time) 411
55. Florida State University
Tallahassee, FL
Score 49 Tier 1
Out-of-state tuition (full-time) $30,782
2007 Total enrollment (full-time) 764
55. University of Houston
Houston, TX
Score 49 Tier 1
Out-of-state tuition (full-time) $24,632
2007 Total enrollment (full-time) 785
55. Yeshiva University (Cardozo)
New York, NY
Score 49 Tier 1
Out-of-state tuition (full-time) $39,470
2007 Total enrollment (full-time) 948
59. Pepperdine University
Malibu, CA
Score 48 Tier 1
Out-of-state tuition (full-time) $35,520
2007 Total enrollment (full-time) 633
59. Temple University (Beasley)
Philadelphia, PA
Score 48 Tier 1
Out-of-state tuition (full-time) $27,078
2007 Total enrollment (full-time) 754
59. University of Kentucky
Lexington, KY
Score 48 Tier 1
Out-of-state tuition (full-time) $24,804
2007 Total enrollment (full-time) 426
59. University of Missouri–Columbia
Columbia, MO
Score 48 Tier 1
Out-of-state tuition (full-time) $28,336
2007 Total enrollment (full-time) 449
63. Brooklyn Law School
Brooklyn, NY
Score 47 Tier 1
Out-of-state tuition (full-time) $39,625
2007 Total enrollment (full-time) 1,186
63. Case Western Reserve University
Cleveland, OH
Score 47 Tier 1
Out-of-state tuition (full-time) $35,220
2007 Total enrollment (full-time) 678
63. Loyola Marymount University
Los Angeles, CA
Score 47 Tier 1
Out-of-state tuition (full-time) $36,058
2007 Total enrollment (full-time) 1,003
66. Illinois Institute of Technology (Chicago-Kent)
Chicago, IL
Score 46 Tier 1
Out-of-state tuition (full-time) $33,879
2007 Total enrollment (full-time) 751
66. Seton Hall University
Newark, NJ
Score 46 Tier 1
Out-of-state tuition (full-time) $38,040
2007 Total enrollment (full-time) 722
68. Indiana University–Indianapolis
Indianapolis, IN
Score 45 Tier 1
Out-of-state tuition (full-time) $31,993
2007 Total enrollment (full-time) 647
68. University of New Mexico
Albuquerque, NM
Score 45 Tier 1
Out-of-state tuition (full-time) $24,467
2007 Total enrollment (full-time) 347
68. University of Oklahoma
Norman, OK
Score 45 Tier 1
Out-of-state tuition (full-time) $24,953
2007 Total enrollment (full-time) 510
68. University of Richmond (Williams)
Richmond, VA
Score 45 Tier 1
Out-of-state tuition (full-time) $30,010
2007 Total enrollment (full-time) 486
68. Villanova University
Villanova, PA
Score 45 Tier 1
Out-of-state tuition (full-time) $30,890
2007 Total enrollment (full-time) 727
73. Lewis and Clark College (Northwestern)
Portland, OR
Score 44 Tier 1
Out-of-state tuition (full-time) $28,984
2007 Total enrollment (full-time) 537
73. University of Kansas
Lawrence, KS
Score 44 Tier 1
Out-of-state tuition (full-time) $24,085
2007 Total enrollment (full-time) 491
73. University of Nebraska–Lincoln
Lincoln, NE
Score 44 Tier 1
Out-of-state tuition (full-time) $20,935
2007 Total enrollment (full-time) 397
73. University of Pittsburgh
Pittsburgh, PA
Score 44 Tier 1
Out-of-state tuition (full-time) $30,362
2007 Total enrollment (full-time) 714
77. Georgia State University
Atlanta, GA
Score 43 Tier 1
Out-of-state tuition (full-time) $27,916
2007 Total enrollment (full-time) 473
77. Pennsylvania State University (Dickinson)
University Park, PA
Score 43 Tier 1
Out-of-state tuition (full-time) $29,674
2007 Total enrollment (full-time) 573
77. Rutgers, the State University of New Jersey–Camden
Camden, NJ
Score 43 Tier 1
Out-of-state tuition (full-time) $30,492
2007 Total enrollment (full-time) 561
77. Rutgers, the State University of New Jersey–Newark
Newark, NJ
Score 43 Tier 1
Out-of-state tuition (full-time) $30,307
2007 Total enrollment (full-time) 558
77. Santa Clara University
Santa Clara, CA
Score 43 Tier 1
Out-of-state tuition (full-time) $1,175 (per credit hour)
2007 Total enrollment (full-time) 728
82. Loyola University Chicago
Chicago, IL
Score 42 Tier 1
Out-of-state tuition (full-time) $33,300
2007 Total enrollment (full-time) 621
82. Seattle University
Seattle, WA
Score 42 Tier 1
Out-of-state tuition (full-time) $29,938
2007 Total enrollment (full-time) 845
82. University of Hawaii (Richardson)
Honolulu, HI
Score 42 Tier 1
Out-of-state tuition (full-time) $24,480
2007 Total enrollment (full-time) 257
82. University of Miami
Coral Gables, FL
Score 42 Tier 1
Out-of-state tuition (full-time) $34,652
2007 Total enrollment (full-time) 1,252
82. University of Oregon
Eugene, OR
Score 42 Tier 1
Out-of-state tuition (full-time) $24,396
2007 Total enrollment (full-time) 528
82. University of San Diego
San Diego, CA
Score 42 Tier 1
Out-of-state tuition (full-time) $37,704
2007 Total enrollment (full-time) 768
88. Catholic University of America (Columbus)
Washington, DC
Score 41 Tier 1
Out-of-state tuition (full-time) $34,505
2007 Total enrollment (full-time) 607
88. DePaul University
Chicago, IL
Score 41 Tier 1
Out-of-state tuition (full-time) $33,110
2007 Total enrollment (full-time) 745
88. Louisiana State University–Baton Rouge
Baton Rouge, LA
Score 41 Tier 1
Out-of-state tuition (full-time) $21,286
2007 Total enrollment (full-time) 570
88. Northeastern University
Boston, MA
Score 41 Tier 1
Out-of-state tuition (full-time) $36,564
2007 Total enrollment (full-time) 624
88. St. John’s University
Jamaica, NY
Score 41 Tier 1
Out-of-state tuition (full-time) $38,400
2007 Total enrollment (full-time) 748
88. University of Denver (Sturm)
Denver, CO
Score 41 Tier 1
Out-of-state tuition (full-time) $32,752
2007 Total enrollment (full-time) 855
88. University of Nevada–Las Vegas (Boyd)
Las Vegas, NV
Score 41 Tier 1
Out-of-state tuition (full-time) $20,302
2007 Total enrollment (full-time) 341
95. Marquette University
Milwaukee, WI
Score 40 Tier 1
Out-of-state tuition (full-time) $29,410
2007 Total enrollment (full-time) 530
95. St. Louis University
St. Louis, MO
Score 40 Tier 1
Out-of-state tuition (full-time) $31,750
2007 Total enrollment (full-time) 750
95. University of South Carolina
Columbia, SC
Score 40 Tier 1
Out-of-state tuition (full-time) $33,622
2007 Total enrollment (full-time) 665
95. University of the Pacific (McGeorge)
Sacramento, CA
Score 40 Tier 1
Out-of-state tuition (full-time) $34,474
2007 Total enrollment (full-time) 615
99. Hofstra University
Hempstead, NY
Score 39 Tier 1
Out-of-state tuition (full-time) $37,600
2007 Total enrollment (full-time) 870
100. Mercer University
Macon, GA
Score 38 Tier 1
Out-of-state tuition (full-time) $32,292
2007 Total enrollment (full-time) 448
100. Stetson University
Gulfport, FL
Score 38 Tier 1
Out-of-state tuition (full-time) $29,240
2007 Total enrollment (full-time) 765
100. Syracuse University
Syracuse, NY
Score 38 Tier 1
Out-of-state tuition (full-time) $41,694
2007 Total enrollment (full-time) 659
100. University at Buffalo–SUNY
Buffalo, NY
Score 38 Tier 1
Out-of-state tuition (full-time) $21,433
2007 Total enrollment (full-time)746
100. University of Louisville (Brandeis)
Louisville, KY
Score 38 Tier 1
Out-of-state tuition (full-time) $25,956
2007 Total enrollment (full-time) 323
