[Mimedefang] [OT] Nasty situation

Jay Levitt jay-defang at shopwatch.org
Thu Apr 10 13:27:01 EDT 2003

David Skoll wrote:

> Anyone have practical tips on tracking the culprit down?

Trying to track them technically is probably near-impossible.  Instead,
follow the money - figure out who the advertised porn site is, and subpoena
their records to see who they paid.  (Or just sue them directly, since the
spammer is acting as their agent.)

> Does anyone
> have any idea what my legal options are?

If roaringpenguin.com is trademarked, they are causing dilution of your
mark, though I'm not sure if that applies only to "famous" marks or all
trademarks.  Other than that, you might be able to consider what they're
doing harassment.  I don't think Computer Fraud & Abuse applies, since they
did not gain access to your system via fraudulent credentials, only other
people's systems, so you probably don't have standing.  You could talk to a
lawyer though.

Jay Levitt

> Regards,
> David.
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