Tuesday, November 25, 2008

U.S. court: 873 million U.S. dollars fine for sending spam on Facebook

While the economy of the United States of America, according to their future president in a "vicious circle" and is a "crisis of historic proportions' fears, at one U.S. courts with ever new records in punitive payments because of sending spam messages. Layers penalties until 2008 in the longest single-digit million range, catapulted the U.S. District Court in the Central District of California's record in May this year at dizzying 230 million U.S. dollars. Two punishing spammers who are using password-phishing unauthorized access to accounts of the social networking platform gives MySpace and under whose name spam messages to other MySpace members had sent.But also that much more is proved now a fellow judge of U.S. District Court in the Northern District of California in San Jose: He imposed a fine of as much as twice 436 638 600 US-dollar against spammers who in March and April this Year over 4 million spam messages via the system of internal message sent Facebook should have - which totaled more than 873 million U.S. dollars makes. Hauptbeklagter probably was a 32-year old Canadian from Montreal, the firm Atlantis Blue Capital, headquartered in Panama City, and operates several websites. According to the published court documents, was a Canadian private detective mid-August, a person with the name Adam Guerbuez in Montreal to identify this person and the writ and other court papers to hand over.

In the application threw the Facebook lawyers accused the "knowledge and belief" to be unjustly access to members' accounts have to give and then on "scripts" or "bots" to send spam to have abused. Used was also called Wall feature of Facebook, a kind of blackboard for users of the network. By its actions against the accused had in 2004 entered into force in CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act), the Computer Fraud and Abuse Act and against the California Penal Code Section 502 " failed states in the application. Aggravating, said the lawyers come, adding that Facebook users about spam messages with advertising for inappropriate things like marijuana, pills for penis extensions and other products with sexual orientation had been confronted.

Since Facebook as a consequence of the acts a "significant damage to his reputation" and "economic loss" in a magnitude of at least 5000 U.S. dollars have suffered, the lawyers demanded the competent judge at U.S. District Court on the defendants for infringement of the three top legislation referred to the omission and future damages to be condemned. Now the defendant would have had the opportunity to comment on the allegations to speak - but not what he did. Rather, the Canadians, according to another private detective since early October become untraceable. As in the case of MySpace spammers requested the plaintiff side then a so-called Säumnisurteil in which solely on the basis of the current document location is decided - and continued until late last week alone from the allegations Facebook.

After the ruling by Judge Jeremy Fogel must not only Guerbuez Adam 436 638 600 U.S. dollars statutory damages and 436 638 600 U.S. dollar extended damages (both 100 U.S. dollars per spam message) pay, but also the legal costs of the other side and bear the legal costs . Facebook that the money will ever see, but it believes the company is not: In the company's own blog, said security chief Max Kelly, we do not assume that Guerbuez or his company ever issued for the penalties can be raised. But we will make every effort, at least a portion of the money to get. Facebook welcome the ruling nevertheless as a "major victory for our users against spam and those who produce it."

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