The Spamhaus Project suffered a rare legal setback last month in federal court in Nebraska where the Court in DatabaseUSA.com LLC ruled against Spamhaus Project No. 8: 19-CV-423 (D. Neb. July 27, 2020) that the plaintiff was wrongly listed in his Domain Block List (DBL).
The DBL lists domains that Spamhaus determines are “used in unsolicited bulk e-mail, including phishing, fraud,” 419 “or sending or hosting malware or viruses, as well as other domains with a bad reputation for many Heuristics. ” Spamhaus added DatabaseUSA to its DBL in November 2017. DatabaseUSA’s request to be removed by Spamhaus on the grounds that it did not engage in such behavior was denied without explanation as the UK-based organization merely replied: “[w]We do not discuss criteria for inclusion in the DBL, but they do include many factors. Your domain meets several of these criteria. “
Omaha-based DatabaseUSA sued in federal court in Nebraska and received a default judgment against Spamhaus. While Spamhaus did not give a factual answer and did not question the jurisdiction of the court, the Court expressly stated that under the alleged facts it could exercise personal jurisdiction over Spamhaus.
The court ruled on DatabaseUSA, stating that Spamhaus had defamed DatabaseUSA and improperly disrupted its business relationships by falsely including it on the DBL. As a result, the court ordered that Spamhaus:
- Post a statement referring to this action by name and case number (ex.
DatabaseUSA.com LLC v The Spamhaus Project, No. 8: 19-CV423 (D. Neb), on its [DBL] Website stating that DatabaseUSA.com LLC was incorrectly blacklisted from May 2017 to the date of this order; and
- If Spamhaus lists DatabaseUSA.com on its blacklist from time to time on this order, it must provide DatabaseUSA.com LLC with an explanation and an explanation of how DatabaseUSA.com can be removed from the blacklist.
Fred Vakili, CEO of DatabaseUSA, was satisfied with the outcome of the court and stated, “Spamhaus’ arbitrary and unresponsive practices have created an unfair and hostile business environment. Their actions have even blocked our ability to do business with our own customers at times. “Spamhaus has not yet complied with this order.
August 4, 2020 in Spam.