Myspace and Facebook Tough on Spam and Publicity

Written by Carl E. Reid on August 26, 2008

Whether it’s high profile publicity stunts or really making a statement, spammers are on notice from social networks. The “terms of use” agreement every person has to electronically sign, before becoming a member of MySpace or Facebook, is being used against spammers in court.

MySpace won a default judgment against “Spamford” Wallace, back in May, 2008. The infamous Scott Richter also had to pony up $6 million to MySpace back in June. Mr. Richter’s spamming exploits are well known, from his $7 million settlement with Microsoft back in 2006, for alleged illegal spam activities. Last week Facebook filed a law suit against Adam Guerbuez. He is accused of hijacking some 4 million Facebook accounts to market illegal drugs and other offensive products.

Different than other Internet companies, social networks won’t allow a person to send the first message on a social network, without agreeing to a very carefully worded online document. This agreement MySpace members sign specifically says a person must pay MySpace $50 for each unsolicited email. This agreement appears to hold its own, as in a case with MySpace vs. TheGlobe.com. The judge upheld that particular agreement provision.

It’s usually harder to prove the exact injury to a company. Having exact dollar amounts in the usage agreements helps the social networks win cases. Under the CAN-SPAM Act, each violation is quantified with $100 in damages, and triple that amount if it’s done willfully.

It appears that for both Plaintiff and Defendant, these high profile cases provided both sides with a huge amount of publicity. In most cases parties settle the spam lawsuits. AOL and Microsoft fought have fought off spammers, with high profile law suits. “The legal publicity stunts have an impact, just not always the desired one” says John Dozier Jr. of Dozier Internet Law, which represents Internet marketing companies facing spam accusations.

About Carl E. Reid

Developing his career from the mail room to the board room, Carl E. Reid has achieved success by skillfully blending 40 years of technology and business intelligence experience with his passion for helping companies succeed. Carl is founder and CEO of NetTECH Systems Reid & Associates, Inc., an emerging technology consulting company located in the New York City area. One of his specialties is 15 years as a collaboration and email infrastructure consultant. He has implemented and supported Lotus Notes/Domino and other types of SMTP gateway/network configurations in small to large global companies up to 33,000 employees. Some of his clients have included IBM, Citi, JPMChase, Oxygen, LVMH - Moet Hennessy, MeadWestvaco, non-profits and professional organizations. Carl is a Savvy Business Owner, Public Speaker and Author. His articles have appeared in Network World, Computer Monthly magazines and hundreds of web sites. Combining business technology consulting with professional blogging, Carl specializes in advising clients how to best leverage the Internet as a tool for high impact visibility. Carl's speaking style combines humor with expertise, and his advice is always down-to-earth and practical. He personally publishes Library of Congress recognized newsletter blog, http://www.SavvyIntrapreneur.com and http://www.iTechSpeak.com. Carl wrote the original "Professional Blogger Job Description", being used as standard document within companies. As a business career coach, Carl teaches professionals how to run their career as a profitable business.
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