Perth-based T3 Direct is seeking compensation of AU$43,750 from Joseph McNichol, whom it alleges caused the company to be blacklisted on the spews.org Web site.
Blacklist sites distribute lists of Internet Protocol (IP) addresses online that are believed to be involved in spamming activities, enabling end users to block traffic from such IP addresses.
Because other blacklist sites have been sued and shut down, SPEWS - Spam Prevention Early Warning System - operates in secret, with no listed contact details. It is a not-for-profit organisation.
A writ of summons was filed against McNichol on May 24, upon receipt of which he was given 10 days to confirm his awareness of the charges.
"It's only the second spam-related lawsuit in Australia and the first of its kind worldwide," said Troy Rollo of the Coalition against Unsolicited Bulk E-mail. "It's the first time someone has gone and sued someone else just for saying they are a spammer."
T3 is seeking loss and damages of AU$14,000 for replacing blocked or compromised IP numbers, $4,750 for labour costs of technicians to establish an alternative e-mail system, $5,000 to purchase a new server computer and $20,000 for loss of income it claims to have incurred over a 20-day waiting period for a new Internet connection to be installed.
Rollo, who claims some of the damages being sought by T3 Direct are -clearly not justified based on the pleadings of the case", is in the midst of establishing a Web site for the case from which a legal defence fund will be set up for McNichol.
Jeremy Malcolm, an independent Perth-based solicitor who specialises in IT law and is representing McNichol, said he wouldn't be putting in a defence straight away and would be applying for a summary judgement in the hopes of not having to go to trial.
Malcolm described the statement of claim against his client as a -fairly weak claim...brought about to intimidate a critic of T3 Direct".
-We will defend it as strongly as we can."
Mark Reynolds, president of Western Australia Internet Association, claimed it had received many complaints about T3 Direct over the years.
In response to -many, many complaints this year about spam", Reynolds said the Association is working on a policy derived in consultation with its members that will enable it to recommend to its members -- 60 ISPs in WA -- what they should do in regards to spam. As the WA Internet Association owns and operates WA-based exchanges -which most ISPs exchange information on for a low cost", Reynolds said the ultimate aim was to -enforce its spam policies for users of that network" and if ISPs chose to ignore the Association's policy -deny them use of the network".
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Reynolds also said it was the first case of its kind he had heard of. -It's the first time a known spam organisation is suing an end user who made public complaints about receiving spam." Reynolds added that as overseas anti-spam organisations had already got wind of the proceeding, -it could end up bigger than Ben Hur".
McNichols aired his view on his Web site www.vtgts.com/auspam.htm
T3 Direct's legal representatives, Perth-based Tan and Tan Solicitors, did not return ZDNet Australia's calls by press time.
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Hey, who gives a fig about who spews.com or anyone else is - or what protection they may or may not get in the US?
Spam is inherently evil and spammers are the ultimate parasites who do not deserve space on the planet. Spam is the most pernicious threat to the long-term viability of the Internet and we as individuals, or as businesses, as an industry, governments, everyone, must take whatever action is necessary to destroy this scourge and punish the perpetrators.