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In a real combat, civilians are called "collateral damage." In the spam wars, it is legitimate e-mailers who are getting the tag.
When computer users started getting saturated with spam - unsolicited, bulk email the anti-spammers fought back.
Spammer block lists, litigation, and state and federal anti-spam legislation are just a few of the tactics in the increasingly bitter war.
The combatants include computer users, spammers, anti-spam block list providers like Spamhaus and SPEWS (Spam Prevention Early Warning System). Internet service providers, and permission-based e-mailers.
Now legitimate e-mailers say they are getting hurt and are crying unfair.
"It's getting out of hand," said David Bates, an attorney in the West Palm Beach office of Gunster Yoakley & Stewart. "With the proliferation of anti-spam laws by the states, it's easy for legitimate, permission-based email marketers to run afoul of the myriad of new laws."
One of his South Florida clients was sued by a law firm in Utah, claiming the firm was sending spam under a new law passed in the state. The Utah law calls for damages of $10 to $50 to a spam recipient, but the law firm contacted Bates' client and threatened a class action suit unless the e-mailer settled for $6,500.
"That Utah law firm has filed over 2,500 suits - it's a racket, a scam, that is being repeated in other states," he said. "Fortunately, my client had impeccable records and could show that the e-mail was sent after the recipient had opted in and before he had opted out."
Typically, the lawsuits...