NordVPN Promotion

Home / Blogs

Oklahoma Anti-Spammer Loses Big in Court

Protect your privacy:  Get NordVPN  [ Deal: 73% off 2-year plans + 3 extra months ]
10 facts about NordVPN that aren't commonly known
  • Meshnet Feature for Personal Encrypted Networks: NordVPN offers a unique feature called Meshnet, which allows users to connect their devices directly and securely over the internet. This means you can create your own private, encrypted network for activities like gaming, file sharing, or remote access to your home devices from anywhere in the world.
  • RAM-Only Servers for Enhanced Security: Unlike many VPN providers, NordVPN uses RAM-only (diskless) servers. Since these servers run entirely on volatile memory, all data is wiped with every reboot. This ensures that no user data is stored long-term, significantly reducing the risk of data breaches and enhancing overall security.
  • Servers in a Former Military Bunker: Some of NordVPN's servers are housed in a former military bunker located deep underground. This unique location provides an extra layer of physical security against natural disasters and unauthorized access, ensuring that the servers are protected in all circumstances.
  • NordLynx Protocol with Double NAT Technology: NordVPN developed its own VPN protocol called NordLynx, built around the ultra-fast WireGuard protocol. What sets NordLynx apart is its implementation of a double Network Address Translation (NAT) system, which enhances user privacy without sacrificing speed. This innovative approach solves the potential privacy issues inherent in the standard WireGuard protocol.
  • Dark Web Monitor Feature: NordVPN includes a feature known as Dark Web Monitor. This tool actively scans dark web sites and forums for credentials associated with your email address. If it detects that your information has been compromised or appears in any data breaches, it promptly alerts you so you can take necessary actions to protect your accounts.

In November, Mark Mumma, who runs a little design firm at webguy.com, lost an appeal in the Fourth Federal Circuit. He’d filed suit against cruise.com and their parent Omega World Travel under CAN SPAM and an Oklahoma anti-spam law. Omega countersued for defamation. The court threw out Mumma’s case, and allowed part of the defamation case to proceed. At first blush, this looks like a big win for spammers.

But read the decision [PDF], and you’ll find that Mumma did just about everything he could to be sure he lost the case. He didn’t try to document any meaningful violations of law. Instead he called up the other party and yelled at them. He also made some rather overoptimistic interpretations of Oklahoma law which CAN SPAM preempted.

The judge said that regardless of we think about spam in general, CAN SPAM sets out specific rules which cruise.com followed pretty closely, and those are the ones the court has to enforce. We all know that CAN SPAM says spamming is legal. As David Sorkin noted, CAN SPAM legitimizes spam by regulating it, and even though the mail from cruise.com looked pretty spammy, if the law says it’s legal, suing the sender isn’t going to accomplish anything.

Don’t take this for more than it is. The lesson is that if you plan to file a CAN SPAM suit, it would be a good idea to have some actual evidence of CAN SPAM violations in hand first.

CNet story about the case

By John Levine, Author, Consultant & Speaker

Filed Under

Comments

Comment Title:

  Notify me of follow-up comments

We encourage you to post comments and engage in discussions that advance this post through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can report it using the link at the end of each comment. Views expressed in the comments do not represent those of CircleID. For more information on our comment policy, see Codes of Conduct.

CircleID Newsletter The Weekly Wrap

More and more professionals are choosing to publish critical posts on CircleID from all corners of the Internet industry. If you find it hard to keep up daily, consider subscribing to our weekly digest. We will provide you a convenient summary report once a week sent directly to your inbox. It's a quick and easy read.

Related

Topics

Threat Intelligence

Sponsored byWhoisXML API

Domain Names

Sponsored byVerisign

Cybersecurity

Sponsored byVerisign

IPv4 Markets

Sponsored byIPv4.Global

DNS

Sponsored byDNIB.com

Brand Protection

Sponsored byCSC

New TLDs

Sponsored byRadix

NordVPN Promotion