Juno Tracks Down Rogue Spammer
Business Wire - September 03, 1998 10:58
NEW YORK--(BUSINESS WIRE)--Sept. 3, 1998--
World's Second Largest Online Service Announces Breakthrough in
Forgery Lawsuit against TCPS, Inc.
Juno Online Services, L.P. today announced that it has successfully located Ronald Alvin, the elusive chief of alleged porn marketer TCPS, Inc., and has successfully
served court papers on Mr. Alvin at his Brooklyn, New York residence.
As a result, Juno expects its four-month old, million-dollar lawsuit against TCPS, Mr. Alvin, and Financial Planning Associates, another affiliate of Mr. Alvin, to
proceed to a jury trial soon in federal court in New York.
In May 1998, Juno filed a federal lawsuit seeking damages against a number of defendants it alleges have forged the Juno name into unsolicited commercial e-mail
(commonly known on the Internet as "spam"). Among the most notorious parties named in the lawsuit is TCPS, a Brooklyn, NY company that has flooded the
Internet with hundreds of thousands of unsolicited e-mail messages touting sexually explicit videotapes, including such titles as "World's Biggest Gang Bang" and
"Gang Bang II."
TCPS is well known within the Internet community for having frustrated the detection efforts of Internet service providers and law enforcement officials nationwide
through a sophisticated network of fictitious business names and mail drops. As a result, several months of detective work were required before Juno was able to
confirm the alleged spammer's physical whereabouts and serve him with court papers.
"A large number of ISPs and a larger number of individual users of the Internet have been victimized by TCPS, but until now no one has been able to take effective
action against this spammer. I am pleased that Juno was finally able to locate Ron Alvin, and I know we will have broad support across the Internet for our efforts to
put an end to TCPS' pernicious and ongoing spam campaigns," said Richard Buchband, senior vice president and general counsel of Juno.
In its lawsuit against TCPS and others, Juno notes that the practices of spammers have caused interference with its business and the use and enjoyment of its services
by legitimate subscribers. Juno is seeking punitive damages in excess of $1,000,000 against TCPS and Mr. Alvin for damage to Juno's reputation, as well as
damages for federal trademark infringement, false designation of origin, fraud, and unjust enrichment. Additionally, the suit asks the court to grant a preliminary and
permanent injunction against TCPS and Mr. Alvin.
Like other major online services, Juno prohibits its subscribers from using its service for the transmission of spam and from using Juno accounts as "drop boxes" to
receive replies to spam sent through other service providers. Under the guidance of its Security and Abuse Department, Juno has implemented numerous proprietary
measures, including strict outgoing mail limits, designed to prevent the use of Juno for the transmission of spam. Juno also utilizes technical measures to make it
impossible for spammers to use Juno's computers to "relay" their messages. The policy of Juno's Security and Abuse Department is to investigate spam-related
complaints and to take action against any subscriber found to be in violation of these prohibitions.
One of the most challenging practices to address through technical solutions is the forging of Juno e-mail addresses into the "headers" of spam messages sent through
other services. By inserting fake return addresses into their bulk e-mail transmissions, spammers have been able to disguise their identity and deflect both complaints
and costs onto innocent third parties.
"Even one spammer can cause tremendous damage to our business and reputation," added Anna Reboli, director of Juno's Security and Abuse department. "Many
spammers use the Internet to promote pyramid schemes and get-rich-quick systems, or to sell illegal or questionable products. When they forge our name into their
spam, they falsely implicate us in their activities. This is a despicable practice, and we believe it violates the law." In March, Juno announced that it would partner
with the New York State Attorney General to assist in the identification and prosecution of people using e-mail to engage in fraud. Additionally, Juno maintains
working relationships with law enforcement officials nationwide.
About Juno Online Services, L.P.
Launched on April 22, 1996, Juno is the world's second largest provider (after America Online) of dial-up Internet services. More than 5.7 million Juno accounts
have been created since its launch, and approximately 250,000 new accounts are created every month. Juno has won several industry awards for its software,
including a five-star rating from PC Computing Online (May 23, 1997). Juno was also honored by FORTUNE (July 9, 1997) as one of the "25 Cool Technology
Companies of 1997." Juno was organized and financed by D. E. Shaw & Co., L.P.--a global investment bank whose activities center on various aspects of the
intersection between computation and finance--and its affiliates.
More than 150 advertisers have purchased advertising on Juno since the service's launch, including such major firms as Allstate, American Express, Bristol-Myers
Squibb, Citicorp, Chrysler, Delta Airlines, the Ford Motor Company, IBM, Intel, Merrill Lynch, Microsoft, Procter & Gamble, and Travelers Group. Additionally,
Juno has recently announced a number of major strategic marketing alliances, including exclusive multi-year relationships with Bank of America (involving the
marketing of credit cards and related services) and Qwest/LCI (for the marketing of long distance and other telecommunications services). |
