Spammers won’t like delayed notice subpoenas

Spammers hide behind the shield of the internet, which provides some anonymity for them while they pump our inboxes full of sex cream offers. When law enforcement gets clued in to a potential spammer, the first course of action is usually to obtain a subpoena for the ISP’s records, as the ISP is often the only way law enforcement can find out who the spammer is. Unfortunately, ISPs (particularly spammer friendly ones) can easily clue the perpetrator into what is going on, and the scammer then jumps behind his shadow. If some attorneys had their way, this notice would be the outlier rather than the norm.

Ethan Preston, a technology rights attorney out of Chicago, has a fine summary of this issue posted at his site. It is well worth a look, particularly if you are interested in some of the positive legal trends that could move in favor of the anti-spam effort. Ethan has included a link to his full opinion article on the issue, from the March 2005 edition of the Journal of Internet Law. Heavily researched (as a good attorney should do), it is a must read for the legal eagles of anti-spam.

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