Attorney General Lockyer Wins First-Ever State Lawsuit Against Spammer. The state of California won a $2 million judgment against PW Marketing and its owners Paul Willis and Claudia Griffin. In addition to the monetary judgment, the state won injunctive relief, which it intends to use as a model for future anti-spam actions. The defendants are prohibited from:
- Sending unsolicited commercial emails.
- Disguising their identity by sending email that appears to originate from an email address that is neither the actual address nor the address where replies can be received.
- Sending emails that contain false or misleading information about the country or Internet mail server from where the advertisement is sent.
- Accessing and using the computers, computer systems or computer networks of other persons or businesses without their permission or in violation of their terms of service.
- Using false or misleading information to register for an email address, Internet service or Internet domain name.
- Using, transferring or otherwise making available to other persons email address lists compiled for the purpose of sending spam.
- For 10 years, owning, managing or holding any economic interest in any company that advertises over the Internet, without first providing written notice to the Attorney General.
This judgment was based on California’s existing anti-spam law, which will be strengthened on Jan. 1, 2004 from opt-out to opt-in and allow a private right of action for individuals.
