Published Friday, October 13, 2000, in the San Jose Mercury News
Case against MAPS proceeds
Local anti-spam company under fire
BY TRACY SEIPEL, Mercury News
A Santa Clara County Superior Court Judgr ruled Thursday that a New
Hampshire company could
pursue its claims against a local anti-spam
organization, saying the company's allegation that
it was damaged by being listed as a spammer has some merit.
The case, which has raised a host of free speech and
e-commerce-related legal issues, involves the
conduct of Mail Abuse Prevention System, a widely
used Redwood City company set up to help companies
screen junk e-mail.
Under attack from firms that have wound up on its
so-called ``Blackhole List'' of junk e-mailers, MAPS
filed suit this spring seeking a definitive ruling
from a California court that its practices did not
violate any laws.
The target of the suit was Black Ice, which makes
software tool kits and had threatened legal action
over being placed on the Blackhole List. Black Ice
responded by counter-suing MAPS, accusing it of
defamation and unfair business practices.
In his ruling Thursday, Judge Socrates Manoukian
sided primarily with Black Ice. He ruled the firm
can proceed with its case against MAPS and can seek
punitive damages.
Black Ice attorneys Steve Levitan and Clark Stone
said they were satisfied with the decision.
``Black Ice is pleased with the results and it
intends to pursue its claims against MAPS,'' said
Levitan. ``Black Ice is a legitimate business, and
what MAPS did to us was -- in our view -- arbitrary
and wrong. Black Ice was injured and it wants to be
made whole.''
Michael Risch, attorney for MAPS, was dismayed.
``We are obviously disappointed that the court
didn't see all of the issues our way. At the same
time, several parts of the court's ruling
significantly narrow the issues in the case as to
what exactly it is Black Ice can claim as
wrong-doing.''
Lawyers for MAPS have likened their organization to
Consumer Reports, saying it simply renders an
opinion on whether a particular company is
generating unwanted spam and ignoring pleas from
computer users to stop sending e-mails. As the
company sees it, issuing those opinions is protected
free speech.
Internet Service Providers such as Hotmail subscribe
to MAPS, and can use it to block e-mail from Web
sites on the Blackhole List. MAPS stresses that
service providers make the decision whether to block
e-mails, and that MAPS is simply in the business of
providing information.
Black Ice disagrees, and in court papers depicted
MAPS as recklessly disseminating false information.
Critics of the Redwood City company maintain it has
accumulated too much control over what Internet
messages reach their destinations.
Black Ice was not the first company to challenge
MAPS in court. Earlier this year, two other
companies sued MAPS on the East Coast, including
Harris Interactive, a giant e-mail company
affiliated with the Harris polling service.
MAPS set up a legal defense fund to fight off
challenges to its anti-spam efforts. The company
even challenges readers on its Web site to sue MAPS,
comparing the debate to the Roe vs. Wade abortion
decision. ``It's our hope that MAPS can help bring
about a similar landmark case and carry it all the
way to the Supreme Court,'' reads the Web site.
Contact Tracy Seipel at tseipel@sjmercury.com or
(408) 920-5343.