Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Dec 2 Search Insider Summit (Utah) Dec 6 Email Insider Summit (Utah) Jan 11 OMMA Agency of the Year (NYC) Jan 12 MEDIA Agency of the Year (NYC) Jan 26 OMMA Social (San Francisco) Jan 27 OMMA Performance (SF) Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 15 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL)
Recently Concluded Events
Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA) Sep 23 Creative Media Awards (NYC) Sep 23 The Future Of Media (NYC) Sep 22 Online All Stars (NYC) Sep 21 OMMA Awards (NYC) Sep 21 MediaPost Live at Advertising Week All-Access (NYC) Sep 21 OMMA Global New York (NYC)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 OMMA Agency of the Year 2010 MEDIA Agency of the Year
2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year 2009 OMMA Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Spam King Faces Wrath Of Facebook
by Wendy Davis, Monday, March 2, 2009, 8:00 AM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Legal, Spam, Social Networks, Online

MOST READ

SpamFacebook has sued Sanford "Spamford" Wallace for allegedly spamming members by flooding their Facebook walls with posts that appear to have come from their friends.

In a complaint filed last week in federal district court in the northern district of California, the social networking site alleges that Wallace and two others ran a scheme that involved creating Facebook accounts, tricking members into providing their passwords, and then impersonating them to send messages to their friends. Wallace and the others allegedly began the enterprise last November.

Facebook argues that the alleged impersonations make the messages especially problematic. "Traditional spam messages are easily identified and ignored," the company wrote in its complaint. "Defendants unauthorized use of compromised Facebook accounts to send spam makes those messages more difficult to identify as spam, because they appear to be personal messages from friends." The social networking site alleges that these messages hurt the company's reputation and goodwill.

Wallace, one of the Web's most persistent spammers, first came to fame as the "Spam King" in 1997, when he ran the email marketing company Cyber Promotions. In addition, the Federal Trade Commission has targeted him for distributing adware. Earlier this decade, a judge ordered him to pay more than $4 million for installing ad-serving programs on consumers' computers without obtaining their consent.

Last year, a federal court in Los Angeles ordered Wallace and another individual to pay MySpace $230 million for sending members unsolicited messages that appeared to have come from their friends.

But despite Wallace's notoriety, it's not clear that Facebook can prove a CAN-SPAM violation because there are questions about whether the federal anti-spam law applies to messages posted to a social networking site, as opposed to those sent to an email address.

"It's not at all obvious that the wall posts are covered by CAN-SPAM," said Seattle-based Internet law expert Venkat Balasubramani. That statute applies to unsolicited messages sent to email addresses. While MySpace persuaded federal courts in Los Angeles to rule that in-network messages were covered by CAN-SPAM, the San Jose judge deciding the Facebook case might rule differently.

Facebook also alleged that Wallace and the others violated the Computer Fraud and Abuse Act by disregarding the site's terms of service, and that they violated the California Anti-Phishing Act. The site is asking for an injunction ordering Wallace and the others to stop sending messages to Facebook users and for monetary damages.

Facebook previously won a $873 million judgment against spammer Adam Guerbuez and his company, Atlantis Blue Capital, but Guerbuez did not appear in court to contest the allegations.

Even when companies win large spam awards, they might not be able to collect them, often because defendants either can't be found or don't have enough money to pay. But Facebook said in a statement that just bringing the case serves a purpose. "Whatever the outcome, we think this kind of persistent legal pressure will act as a deterrent against those attempting to trick and annoy our users," the company said.

2 people recommend this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
'Grey's Anatomy' Sires Web Series Spin-Off   
Extending one of its more popular brands online, Disney/ABC Television Group on Thursday debuted an original...
New Dynamic Logic Service Brings In-Ad Surveys   
As an advertiser, how would you like to get instant feedback on an online ad right...
Social Media Fires Up Video Game Marketing   
Facebook and Twitter campaigns have fueled the fire of video game marketing by augmenting traditional widgets...
Study: Consumers Value Traditional Attributes In Online Brands   
While Google remains consumers' favorite online brand, Yahoo and Amazon are not far behind, according to...
Microsoft Targets Television Advertisers For Xbox Live, Embeds Nielsen Measurement In-Game   
Supported by Nielsen, Microsoft unveiled the first pilot Thursday on the second season of the Xbox...
Lawmakers, Inching Toward A Privacy Bill, Question 'Data-Mining Reapers'   
Lawmakers Thursday questioned whether businesses are amassing too much data about consumers without their knowledge or...
Most Mobile Users Indifferent To Or Don't Want Ads   
Nearly four in 10 consumers don't want to receive mobile ads for any reason -- and...
LinkedIn Launches Custom Groups For Marketers   
Expanding its monetization efforts, LinkedIn is launching a new program allowing marketers to create sponsored groups...
Judge Green-Lights Class-Action Against Citysearch   
Dealing a blow to IAC, a federal judge has decided that disgruntled online marketers can proceed...
Verizon App Offers All-In-One Easy Access to Social Nets, Twitter   
Verizon Wireless has partnered with iSkoot to launch an application promising easy access to popular social...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2009 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com