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Category: Legal
Updated: 2020-07-31
Statement Ref: S02

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In April 2003, Mark E Felstein, the personal lawyer of Florida 'spam king' Eddy Marin, set up an "Association of Anonymous Direct Email Marketers" (i.e: an 'association of anonymous spam senders') called "EMarketersAmerica" and filed a lawsuit in a Florida court against Spamhaus, and others, in an attempt to force Spamhaus to stop blocking spam sent by any spammers EMarketersAmerica would reveal, via secret communications from their lawyers, to be members of their association of anonymous spam senders (really you couldn't make this up if you tried).

Making a number of fraudulent claims to the Florida court, Felstein attempted to obtain a Temporary Restraining Order to prevent Spamhaus blocking spam sent by any members of EMarketersAmerica. Unsurprisingly, the Temporary Restraining Order was denied.

Spamhaus indicated it was preparing to respond simply to file for discovery to identify the anonymous spammers behind EMarketersAmerica. Apparently not having thought of that rather obvious snag prior to filing their lawsuit, EMarketersAmerica instantly filed a plea with the court to dismiss their own lawsuit. The court dismissed the case "With Prejudice" and barred the Plaintiffs from attempting a similar lawsuit against Spamhaus in the U.S. court again. EMarketersAmerica promptly vanished was never heard of again.

Footnote: The Spamhaus Project is a European organization with no U.S. ties or presence and therefore does not recognize orders issued against it by U.S. courts.

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