Spamhaus Update: Judge Denies e360’s Requested Relief

For those of you following the e360 v. Spamhaus case, today the judge in the case issued an order denying e360’s motion to, among other things, order ICANN to suspend Spamhaus’s domain. In relevant part, Judge Kocoras wrote:

In its moving papers, e360 requested three forms of relief for the claimed noncompliance: first, suspension of Spamhaus’s domain name until it complies with the terms of the injunction; second, steps to prevent third parties from accessing Spamhaus’s technology or permission to add them as defendants to this suit if they continue to do so; and third, a monetary sanction against Spamhaus for each day that it fails to comply with the injunction. When e360 appeared in court to present the motion, we noted the breadth of the requested relief and directed e360 to submit a draft order that was more tailored.

The Spamhaus case, a spam-savvy Illinois lawyer perspective

i’ve been following the spamhaus case with some interest. you see, i am a lawyer, and even an active member of the illinois bar. i happen to teach as an adjunct professor at the same law school where the judge in the case also teaches as an adjunct. and the class i’m
teaching next week is all about what behavior by a defendant in the online world is sufficient to establish a jurisdictional hook. Sun Shine invited me to contribute and, before too much misinformation gets circulating, i feel compelled to chime in with my 2 cents.

as lawyers always do, let me caveat this with the usual disclaimers:
i know only the bare minimum of details about the case, this message should not be construed in any way as legal advice, and no one should mistake me for a qualified trial lawyer. as someone, probably a law professor, once said: those who can do, do; those who can’t, teach.

with that said, below is my take on some of the recent questions that have arisen over the spamhaus case: