ISP Files First CAN-SPAM Act Lawsuit

(from wired.com) The Federal Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) has its first test since the law was passed two months ago. California Internet service provider Hypertouch has filed suit against the owner of BobVila.com and its marketing affiliate BlueStream Media, claiming that they violated the CAN-SPAM Act when they sent e-mail advertisements with forged header information. While acknowledging that the CAN-SPAM Act is too weak to have any serious effect, John Fallat, attorney for Hypertouch asserted that "We're dealing with what we've got. We want to send a message to legitimate operators like BobVila.com that if they hire spammers, they will be responsible for spamming."