UK-based anti-spam organisation, Spamhaus has stated that it intends to ignore
an $11 million ruling against it delivered recently in an Illinois court.
The case was brought by David Linhardt, chief executive of e360 Insight, who
filed the lawsuit after Spamhaus blocked his e-mails to its users.
Because Spamhaus declined to participate in the US proceedings, a default judgement
was obtained ordering the company to pay Linhardt damages, to remove Linhardt's
Register Of Known Spam Operations (ROKSO) record and to cease blocking his
e-mails.
In a statement released following delivery of the judgement, Spamhaus announced
that:
"A lawsuit filed in an Illinois court by David Linhardt (aka e360 Insight
LLC) against The Spamhaus Project Ltd., a British-based organisation over which
the Illinois court had no jurisdiction, went predictably to default judgement
when Spamhaus did not accept US jurisdiction."
"To get the bogus 'SLAPP' (Strategic Lawsuit Against Public Participation)
lawsuit case accepted in Illinois, David Linhardt had fabricated that Spamhaus
"operates business in Illinois". Illinois District Court Judge Charles
Kocoras failed to seek proof and erroneously ruled his Illinois Discrict Court
had jurisdiction over the United Kingdom."
"Default judgments obtained in US County, State or Federal courts have
no validity in the United Kingdom and can not be enforced under the British
legal system. A Plaintiff seeking to have such an order enforced must re-file
the case in a British court of law and prove jurisdiction, as well as the small
matter of proving the rest of the case."
"The invalid default judgement awards compensatory damages totaling $11,715,000.00,
orders Spamhaus to permanently remove Linhardt's ROKSO record, orders Spamhaus
to lie by posting a notice stating that Linhardt is "not a spammer"
and orders Spamhaus to cease blocking spam sent by Linhardt."
"Although meaningless for Spamhaus, which as a British organization not
subject to Illinois court orders is listing Linhardt's company E360 Insight
on its SBL spam blocklist as usual, the Illinois ruling shows that US courts
can be bamboozled by spammers with ease. As spamming is illegal in the United
Kingdom, an Illinois court ordering a British organization to stop blocking
incoming Illinois spam in Britain goes contrary to UK law which orders all spammers
to cease sending spam in the first place."
"Spamhaus had advised Mr Linhardt from the start that a US judgement
would be invalid outside of the United States and that he would need to re-file
his case in the United Kingdom."