Virgin Net has become the first ISP in the United Kingdom to sue a spammer with a writ issued today against Surrey, England, businessman Adrian Paris.
The ISP claims Paris, trading under the name ProPhoto UK, sent out more than 250,000 junk e-mails using a Virgin Net account, leading to over 1,500 complaints. Paris allegedly set up four separate e-mail accounts during 1998 in an attempt to sell a database of e-mail addresses.
Paris is being sued for breach of contract: All Virgin Net users sign an agreement not to "use the system to send material [likely] to cause annoyance, inconvenience or anxiety".
"Paris clearly breached this," according to a Virgin Net spokeswoman.
David Johnson, Virgin Net's business development director, said he hopes the case will send out a clear message to spammers.
"As an ISP, we have a responsibility to protect our customers from potential spamming, and by pursuing this case we hope that spammers will think twice before sending any unsolicited e-mail out in the future," Johnson said.
Into the hole
One of the results of Paris's activities was the "blackholing" of Virgin Net by Realtime Blackhole List, a company which blocks messages from ISPs known to be propagating spam.
"We have also had to restore our reputation with other ISPs after being blackholed by RBL," Johnson said.
EuroISPA secretary general Nicholas Lansman backs the Virgin move: "ISPs should be encouraged to protect their users and have a duty to look after clients," he said. A tough line against spammers is also necessary to protect their business interests, according to Lansman. "Spamming is losing ISPs business," he said.
EU policy implications
EuroISPA is to lobby the European Parliament, ahead of a vote on spam this week. EuroISPA presented a petition signed by over 500 Internet providers in response to what it regards as insufficient European Union policy. The opt-out system proposed in the recent Electronic Commerce Bill "simply will not work," according to Jean-Christophe Le Toquin from EuroISPA. Instead, the organization proposes an opt-in system where consumers choose whether they receive unsolicited e-mail.
Lansman said that no system will prevent the determined spammer, but it is up to government to take a firm stand and implement good practice. "Spam is not good for customers, it wastes their time and their money," he said.
