[LINK] FW: Abfab can no longer spam XS4ALL subscribers

[felipe rodriquez]

Hi,

A dutch internet provider, XS4ALL, just won a legal case against a dutch
spammer. 


http://www.xs4all.nl/uk/news/overview/nomorespam.html



XS4ALL pressrelease
March 8 2002

Abfab can no longer spam XS4ALL subscribers 

Abfab has been ordered to stop inconveniencing XS4ALL 
subscribers by sending them spam, unsolicited commercial bulk 
mail. If it persists, it will face a penalty of EUR 50 per e-mail, up to

a maximum of EUR 2.5 million. That is the result of the
summary proceedings instituted by XS4ALL against the 
Amstelveen-based company. The judge at the Amsterdam Court 
has ruled that XS4ALL has no legal conveyance obligation
and can therefore ban third parties from sending spam through its 
systems.

The judge writes: "The essential point is that XS4ALL has no legal 
conveyance obligation. It has nevertheless given its users and/or 
customers and/or subscribers (hereinafter referred to as 
customers) a commitment that it will convey all e-mail
messages and has thus imposed a conveyance obligation upon 
itself. However, XS4ALL does not wish to convey messages which 
its customers have not asked to receive and therefore does not 
wish these messages to be delivered through its systems, in this case
from Abfab. The question of whether the unsolicited sending 
of large volumes of advertising messages by e-mail should be 
referred to as 'spam' or 'electronic direct marketing' is not relevant 
to this dispute. (...) For the present it is adjudged that since XS4ALL
imposes such a ban (on the sending of spam) on its 
own customers, it can also, as it has no legal conveyance 
obligation, ban third parties such as Abfab from
sending unsolicited advertising messages to its customers through 
its systems. On these grounds alone the claim by the plaintiff is 
sustained."

Specifically, the first and most important claim by XS4ALL has 
been fully sustained, namely that Abfab may no longer send 
unsolicited e-mail to e-mail addresses which end in a domain name 
containing the word XS4ALL (including hacktic.nl). That means that 
the vast majority of private XS4ALL subscribers must be protected 
against spam from Abfab in the future.

XS4ALL's second and third claims were unfortunately dismissed. 
XS4ALL had requested a ban on the sending of unsolicited 
commercial e-mail to customers with their own domain name and 
secondary users of the mail servers. The judge ruled that it was too 
difficult for Abfab to comply with this. If Abfab is prepared to comply 
with the spirit of the judgement, XS4ALL will of course provide it with
lists of the domain names involved, so that these customers 
too can be safeguarded against its unsolicited commercial e-mails 
in the future.

This judgement is a useful step in the fight against spam. Although 
it only applies to Abfab, the grounds are no less applicable to all 
other senders of spam. XS4ALL therefore hopes that this judgment 
will send a clear signal that the sending of spam to XS4ALL 
customers is unlawful.

XS4ALL is also working to develop technical measures to make it 
easier for customers to filter out spam themselves. Customers who 
wish to do so will be able to arrange for XS4ALL to add an 
additional warning line to e-mails from notorious spam domains. 
This will enable customers to separate out spam automatically and if
necessary remove it without reading it. However, such 
systems will never offer sufficient protection against the tidal wave 
of spam which is flooding the internet. Ultimately only the recipient 
can determine, on the basis of the content, whether the
e-mail is required or not. Therefore XS4ALL will continue to push for 
an explicit legal ban on spam, whereby the privacy and freedom of 
choice of citizens can also remain guaranteed on the internet.