Perspective: How MySpace brought down a spammer

MySpace.com is well known as a social-networking service that allows members to create unique personal profiles online to find and communicate with other people. But did you also know that MySpace is actively trying to root out spammers?

In March, MySpace filed a lawsuit in federal court against Sanford Wallace doing business as FreeVegasClubs.com, RealVegas-Sins.com and Feeble Minded Productions. The company alleged it was the victim of an abusive scheme to disseminate commercial messages and solicitations to MySpace users.

MySpace claimed it had received many complaints related to the defendant's Web sites. After an investigation, it discovered that the defendant had created more than 11,000 similar MySpace profiles and 11,383 unique America Online e-mail accounts to register those profiles.

MySpace concluded that the defendant used an automated bot to register those profiles and addresses. In doing so, the company's unique e-mail address registration requirement was circumvented. So was MySpace's daily limit on the number of messages that can be sent from any one profile in a single day.

The company claimed that the defendant sent out a series of messages, comments and bulletins to its users that were designed to redirect them to a phony Web site containing a MySpace logo. Members' user names and passwords were then solicited through a box that closely resembled the screen used by members when logging onto the service. The defendant then allegedly used this phishing technique to hijack members' user names and passwords to log onto their profiles and send messages to their friends and also direct them to the defendant's Web sites.

Overall, MySpace asserted that the defendant sent nearly 400,000 messages and posted 890,000 comments from 320,000 hijacked MySpace user accounts. MySpace also claimed that the defendant created groups on MySpace that redirected users to the defendant's Web sites, which included altering the MySpace "unsubscribe" link to point to the defendant's Web sites instead of actually allowing members to unsubscribe.

On top of all of this, MySpace argued that the defendant's Web sites contained adult-oriented material. Because MySpace permits users as young as 14 years old to create profiles, minors were put at risk of being exposed to offensive content.

Finally, the defendant admitted his Internet business earns him about $1 million per year.

MySpace asked the federal court to enter an injunction prohibiting the defendant's activities, claiming relief under the Can-Spam law. This statute, among other things, regulates how commercial e-mail is transmitted, prohibits the use of false, misleading or misleading information, and requires accurate contact information.

While MySpace did not obtain all of the relief it sought, it still scored a major victory in a recent ruling.

Specifically, the defendant was ordered not to access or use the MySpace Web site to transmit any electronic messages. The court said he could not establish or maintain any MySpace profiles or accounts. What's more, he was ordered not to use MySpace for any commercial purpose or to refer to MySpace in connection with any unsolicited electronic communication in any way that suggests that the message is affiliated with the company.

The ruling also prohibited the defendant from using any MySpace logo in a manner that would suggest to users that they are logging onto their MySpace accounts. Finally, the defendant was ordered not to induce users of the social network to provide MySpace identifying information without the full knowledge and consent that the defendant is not affiliated with MySpace.

Such an injunction plainly benefits MySpace users. But this relief also helps the company, which incurred bandwidth and delivery costs, not to mention the added expenses that went into stopping the defendant's activities.

Biography
Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual-property disputes. To receive his weekly columns, send an e-mail to [e-mail] with "Subscribe" in the subject line. This column is prepared and published for informational purposes only, and it should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.

More Perspectives

[SeizeCTRL]

Screw That

Send in armed robots, ninjas, crazed out S.W.A.T. guys or some C4 strapping jihadists to the spammer's house. Surely there is a way to blackmail some mafia hitmen to do this also...

Start picking them off one by one and the internet will sit back and rejoice as spam traffic decreases.

[ajhoughton]

Hmmm

The best response I've ever seen to a spammer was what
happened to Alan Ralsky. After an article written in November
2002 by Mike Wendland of Detroit Free Press, someone found
his home address and posted it on Slashdot along with a hint
that people should sign him up for catalogs and mailings on as
many sites as possible.

It turns out that spamming works just as well via the U.S. Postal
Service as it does via e-mail. Only most people don't have mail
sorting equipment or indeed a mail room to store all the sacks
of mail they receive?

Ralsky got quite upset, threatening to sue people and saying
"They've signed me up for every advertising campaign and
mailing list there is ? These people are out of their minds.
They're harassing me."

Delicious irony, I say.

[rcardona2k]

Sounds too MySpace-specific

What's his next target: facebook, linkedin?

Spamford deserves special attention in prison.

[killshot71]

I agree

From this article, it sounds like this guy was caught defrauding 300,000 people through MySpace and the only punishment is a ban from MySpace? Isn't that what they do to a 12-year-old who swears too much on his MySpace page? Brought down a spammer? Hardly.

That's like knocking over a bank and robbing everyone inside and the only punishment the judge orders the criminal to start using a different branch.

Fortunately, the FTC hit Wallace in the pocketbook with a $4 million judgment earlier this year. But when are they going to put this guy in jail?

[Penguinisto]

Ah yes... Spamford Wallace.

This fool has been a PITA since the days of USENET.

I suspect the list of people that want to see him dead is pretty long by now.

/P

[Fireweaver]

"Victory" when the term is used loosely

This is only a victory in the smallest meaning of the word and it shows just how toothless Can Spam is.
Further MySpace didn't "Bring Down" the spammer at all. No, He's still "Up" and sending spam, he's just not allowed to use MySpace. Guess he'll be on to exploiting Facebook to illegally promote his million dollar spamming business next. And why wouldn't he? There's NO deterrent to keep him from doing so- obviously the law is a joke.

Perhaps MySpace should be suing the guy for fraud or copyright infringement instead. Seems that one of those options might yield a bigger penalty- since special interest groups (read: music and video industries) have made those laws "important" in the court's eyes.

[disco-legend-zeke]

Hanging is too good for spamford.

Somthing like staking him down in the desert and pouring grease and sugar on him.

Think of every spam you have ever received as a teeny tiny ant bite.

How's that for making the punishment fit the crime.