About Chatmag Sections Advertising Information Contents Topic Index Guide IRC Introduction Introduction What is IRC? IRC Software Installing IRC Software IRC Tutorial mIRC Basics Article Connecting to an IRC Network Making Smileys :) Etiquette Internet Based Web Based Networks Internet Safety Safety Kids Safety' Handling Abusers Meeting in Person Relocating "Posers" Safety Articles Internet Scams AskMSN Online and Real Life Relationships by Caryl Safety Software Black Ice Defender News Find out the latest in chat related issues. Information for Operators and Internet Service Providers. Add Your Listing to Chatmag	Opinion by Peter J. Carr A recent lawsuit has been filed against Jay Stuler by Brian Haberstroh /aka/  Atriks Inc. /aka/ Distributed Mail Corporation.  According to a web site detailing the plight of Mr. Stuler, he is being sued by the company after he complained they had spammed him with unwanted advertisements.  The company has filed a suit, alleging that Mr. Stuler has interfered with their normal business, causing them monetary and other harm. Virtually every web hosting company posts an "Acceptable Use Policy", in which spamming is prohibited, and sites determined to be spamming can lose their hosting contract.  In addition, hosting providers provide an email address to report spam and other violations, generally an abuse@ email address.  Hosting providers invite the public to submit alleged spam for investigation. Providers in general do not terminate clients for a few complaints, but act when a number of complaints are received.  We know of no provider that would terminate a contract after receiving complaints from one person. It may well be that Mr. Stuler was singled out from other complainants due to his public participation and comments within NANAE, the Usenet Group devoted to email spam and related issues.  While his comments may not of been favorable to the plaintiff, he has every right to state his position regarding spam in general and any alleged spam company.  Whether the comments he made falls into the category of slander is up to a court to determine, should the case come to trial. The broader issue is whether we as Internet users have the right to file complaints regarding spam, and the right to publicly participate in online discussions regarding the growing spam problem. Suits such as this are oftentimes filed to dissuade people from participating in anti spam activities or posting within news groups or discussion forums.  The general term is SLAPP, Strategic Lawsuit Against Public Participation, and is not legal in most U.S. States.  It would be up to the court to determine if this particular suit falls within the guidelines of a SLAPP. As long as Internet web hosts continue to provide an abuse email address, we encourage users to continue to complain about alleged spamming operations, and allow the hosting providers to determine whether a company violates their Acceptable Use Policy, and deal with the company in a timely manner.  Public participation on discussion boards and news groups is a fundamental part of online life, and we are opposed to the attempts by some to stife discussions of the issues. Discuss this topic on Chatmag's Discussion Board. For more information on SLAPP Suits please see: California Anti SLAPP Project. Cyberslapp.org
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