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Bookmark and Share TRO Answer: e360Insight vs. The Spamhaus Project
Statement

Category: Legal
Updated: 2006-06-24
Statement Ref: S01

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A SLAPP lawsuit filed in an Illinois court by a Chicago-based spammer, David Linhardt (aka e360 Insight LLC), against The Spamhaus Project Ltd in Britain, made the following false claims:

Claim: An Illinois court has jurisdiction over Spamhaus in the United Kingdom because Spamhaus does business in the State of Illinois.

This statement is false. The Spamhaus Project is a non-commercial entity which does not conduct any type of business whatsoever, anywhere, and can not possibly conduct business in the State of Illinois. Spamhaus has no contacts with the State of Illinois nor any affiliation with any Illinois resident or entity. Spamhaus is a British organization and is not subject to the jurisdiction of Illinois (or any US) courts. Spamhaus advises Mr. Linhardt to re-file his case in the proper venue: a law court in the United Kingdom.

Claim: Spamhaus has placed David Linhardt and e360 Insight LLC on its ROKSO list.

This statement is false. Neither David Linhardt nor e360 Insight LLC were put on the ROKSO list (a list of the "200" world worst spam offenders), nor have they ever been at any time prior to September 2006. David Linhardt and e360 Insight LLC are merely mentioned within the ROKSO records of a professional spammer, Brian Haberstroh (aka Atriks) who is on the ROKSO list*. Haberstroh's 'Atriks' spam operation* is intrinsically linked to David Linhardt and e360 Insight LLC by numerous domains and netblocks continuously set up by Linhardt for Haberstroh's spam operation. Linhardt and e360 Insight are therefore included in Haberstroh's ROKSO records solely and specifically as "Partner-in-spam" of Brian Haberstroh (aka Atriks)*.

Claim: Spamhaus blocks Linhardt/e360Insight from sending email out via the Internet thereby causing harm to Linhardt/e360Insight's business.

This statement is false. Spamhaus does not block anyone from sending email. Spamhaus operates a mail filter advisory system which allows Spamhaus users (and ONLY Spamhaus users) to reject INCOMING email at the point of ingress into their private networks from email senders which Spamhaus advises do not fully comply with Spamhaus' policy for acceptance of inbound email. Mr. Linhardt can send as much junk email as he likes to anyone on the Internet, just not to Spamhaus users.

Using knowingly false statements David Linhardt obtained a Temporary Restraining Order (TRO) from Illinois County Court judge Philip L. Bronstein. As the TRO was obtained by deceiving a US judge, Spamhaus will not recognize or obey it.

A TRO, and indeed any ruling whatsoever issued by a United States County, State or Federal Court has no validity in the United Kingdom unless jurisdiction is fully proven to a British Court. Spamhaus advises Mr. Linhardt to re-file his case in a British court when he can prove jurisdiction, but advises Mr. Linhardt that British courts do not accept US-style 'SLAPP' suits and impose severe penalties for lying to the court.

Steve Linford
Chief Executive
The Spamhaus Project Ltd.
London, United Kingdom

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* Brian Haberstroh ceased spam-related activities in 2007 and was removed from the ROKSO list in 2008

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