Why Aren’t There More Spam Lawsuits? by John Levine

The CAN SPAM act has been in place for five and a half years. Compatible state laws have been in place nearly as long. Anti-spam laws in the EU, Australia, and New Zealand were enacted years ago. But the number of significant anti-spam lawsuits is so small that individual bloggers can easily keep track of them. Considering that several billion spams a day are sent to people’s inboxes, where are all the anti-spam lawsuits?There are a couple of reasons, but by far the largest one is that, unless the recipient is unusually lucky, anti-spam lawsuits are difficult to prosecute and win. The evidence in such suits is very technical — mail headers, WHOIS data, traceroutes, ASN numbers, affiliate codes and HTTP redirections that tie a sender to a particular message, or more likely, a thousand messages.

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