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Busting Blocks: Appropriate Legal Remedies for Wrongful Inclusion in Spam Filters under U.S. Law

Jonathan I. Ezor
Touro College Law Center - Institute for Business, Law and Technology


November 13, 2006


Abstract:     
This paper discusses the growth and increasing significance of e-mail in the business and personal environment, and how unsolicited bulk commercial e-mail, also known as spam, has become a significant drain on technical and economic resources. It analyzes the statutory and self-help efforts to combat spam, focusing on block lists and automated spam filters, and how alleged spammers have brought lawsuits in U.S. courts claiming they had been wrongfully included within block lists and filters. Finally, it describes possible claims under U.S. law, then argues for a higher standard of care among block list vendors and the need for recourse to courts when self-help remedies for mistaken block listing fail.

Keywords: spam, filter, blocklist, block list, UCE, unsolicited commercial e-mail, e-mail, email, spammer, spammers

Working Paper Series

Date posted: November 15, 2006 ; Last revised: November 28, 2006

Suggested Citation

Ezor, Jonathan I., Busting Blocks: Appropriate Legal Remedies for Wrongful Inclusion in Spam Filters under U.S. Law (November 13, 2006). Available at SSRN: http://ssrn.com/abstract=944551


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Contact Information

Jonathan I. Ezor (Contact Author)
Touro College Law Center - Institute for Business, Law and Technology ( email )
225 Eastview Drive
Central Islip, NY 11722
United States
6314212244x412 (Phone)
5169773001 (Fax)
HOME PAGE: http://www.tourolaw.edu
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