[Nlnog] MEDIA, COURT: Martijn Bevelander fined US$25,000

Raymond Dijkxhoorn raymond at prolocation.net
Thu Apr 8 06:52:47 UTC 2004


Beefje toch de lul.

---------- Forwarded message ----------
Date: Wed, 7 Apr 2004 19:22:12 -0400
From: Alan Brown <alanb at DIGISTAR.COM>
To: SPAM-L at peach.ease.lsoft.com
Subject: MEDIA, COURT: Martijn Bevelander fined US$25,000

As reported in nanae (OP is alan [at] wylie.me.uk (Alan J. Wylie)

As seen in the EDRI-gram bi-weekly newsletter, Number 2.7, 7 April

EDRI-gram is a bi-weekly newsletter about digital rights in Europe.


The Dutch spammer Martijn Bevelander has to pay 25,000 US Dollar to
the US Federal Trade Commission, for unfair and deceptive acts of
commerce.  Bevelander and his company Maps Holding BV were accused by
the FTC for misrepresenting the subject line, 'spoofing' (faking) the
sender) and creating untrue opt-out possibilities in large amounts of
unsolicited commercial mail. Both Bevelander and his US business
partner Brian Westby have agreed to settle out of court. Westby pays
87,500 US dollar to the FTC.

According to the complaint, Westby sent large amounts of adult e-mails
with misleading subject lines, like 'Did you hear the news?' en 'New
movie info'.

For a period of three years, they both have to notify the Commission
of any change in their private address and telephone number, any
change in their employment status, and make all their current and
future personnel sign a statement that they have read the FTC-order.

The FTC can bring enforcement actions against any deceptive acts of
commerce, including false or misleading headers and subject
headings. The US claims jurisdiction over foreigners in these cases
because the spam was addressed to US citizens. The US Can-Spam Act,
entered into force on 1 January 2004, does not ban spam. It only
creates the right to opt-out from future mailings.


Stipulated final judgement and order for permanent injunction

FTC Complaint (16.09.2003)

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