SpamHaus Lawsuit (Updated)

There’s been a lot written about a spammer listed by SpamHaus sueing them in the US, but this lawyers account is worth a read. Basically it looks like SpamHaus made a legal mistake in the way they dealt with the US court:

3. That said, Spamhaus had a likely winner of an argument if they’d made it from the beginning: the U.S. court does not properly have jurisdiction over the U.K.-based company. […] it would have been possible for an attorney to make what is known as a “special appearance” before the court without acknowledging the court’s jurisdiction in the case. Reading the record, I’m puzzled that this wasn’t the strategy Spamhaus’s counsel chose.

4. Unfortunately, since that’s not what happened, Spamhaus may have waived personal jurisdiction as a defense early on in the case when they not only appeared, but then asked for the case to be removed from state court (where it was originally filed) and moved to federal district court (where it is today).

Most importantly, he says:

9. Finally, one last point: anyone who has a chance to talk publicly about this, if you are a friend to Spamhaus I would strongly urge you to refrain from making derogatory statements about the judge or the legal system in the U.S. Talk all you want about the evidence that you believe demonstrates e360 is a spammer. Talk about how important Spamhaus is to the functioning of email. But calling the judge stupid doesn’t help the case. Given the record, the judge had little choice other than to do what he did. So far as I can tell, Spamhaus presented no argument that would let him get out of this case, even withdrawing the answer that had been filed from the proceedings.

Anyway, he says a lot more than that so please go and read.

Update: The spammer who is suing SpamHaus is now being sued themselves in California on 87 counts of spamming.