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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical AGIS/Cyberpromo Article
http://www.freep.com/browsing/internet/qagis1.htm > >October 1, 1997 > > BY MIKE BRENNAN > Free Press Business Writer > > A Dearborn Internet company must put the Web's > largest creator of electronic junk mail back on > line, at least for the next two weeks, a federal > judge ruled Tuesday. > > But Cyber Promotions must post a $12,500 bond > to pay for any potential damage to Apex Global > Internet Services' (AGIS) computer network > from net users opposed to bulk electronic > advertising, U.S. District Judge Anita Brody said > in her ruling in Philadelphia. > > Cyber Promotions had been sending daily millions > of unsolicited electronic ads for everything from > get-rich-quick schemes to sexually explicit Web > sites. > > Sept. 16, AGIS pulled the plug on Cyber after > three AGIS central switching stations were shut > down by a flood of electronic signals from Web > surfers opposed to junk E-mail. > > Brody ruled AGIS' contract with Cyber > Promotions requires a 30-day notice before > service could be terminated. > > So, she said, AGIS must reinstate Cyber > Promotions through Oct. 16, or until the junk > E-mailer gets connected through another Internet > service provider. > > AGIS President Phillip Lawlor said he was > disappointed with Brody's decision because he > feels she did not hear all the evidence. He > contends he may still disconnect Cyber > Promotions without notice because of the > electronic attacks against his network and > because the company also used AGIS' network to > counterattack its Web enemies. > > He asked that anti-bulk E-mail forces end the > warfare against AGIS because of the court > order. "The court has spoken," Lawlor said. "We > need to honor our connectivity contract to Cyber > Promotions." > > Lawlor said he now regrets his decision to give > Cyber Promotions and several other bulk > E-mailers -- called spammers in Net jargon -- a > home. But he said he took his actions to help > create a code of ethics for bulk E-mailers. > > Now he would welcome federal legislation > blocking the use of the Internet to companies that > send unsolicited bulk E-mail to Web surfers who > don't want to receive them. > > "I would like some law I can enforce," he said. "I > don't consider myself an anti-spammer, just a > large backbone provider burdened with the task > of protecting the Internet." > > Cyber Promotions President Sanford Wallace > could not be reached for comment. > > Not addressed in the judge's ruling was Cyber > Promotions' contention that the First Amendment > guarantees its right to send all the E-mail it > wants. > > "Under the law, it is improper to consider the > nature of the activities of Cyber," Brody wrote in > a footnote. "This includes my strong personal > distaste for Cyber's business." > > Brody said the public interest "tips towards the > issuance of a preliminary injunction, although it is > undisputed that Cyber's business ... is a > controversial one. > > "However, the fact that Cyber is an unpopular > citizen of the Internet does not mean that Cyber > is not entitled to have its contracts enforced in a > court of law or that Cyber is not entitled to such > injunctive relief as any similarly situated > business," Brody ruled. > > > >
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