A net user who complained to an ISP about a spammer (who is listed on ROKSO & spews) is now being sued by the spammer for getting him disconnected. "They apparently are angry that spamming has become difficult for them and blame me."

ROKSO listed ( https://www.spamhaus.org/rokso/evidence.lasso?rokso_id=ROK2839 ) Brian Habertstoh / Atriks filed the suit in a New Hampshire Court ( https://spamlawsuit.spamshield.org/summons.html )  this week, the court refused to summarily dismiss the suit on either its lack of merit or the court’s own lack of venue.

In april last year an article entitled ‘paid to spam’ was slashdotted  which detailed VirtualMDA:

"It seems that spammers have taken a new distributed approach to sending spam, and you get paid for it. Virtual MDA will pay you $1 per CPU hour their program is running to relay spam around the world"

The defendant, Jay Stuler calls it a “frivolous lawsuit designed to harass and intimidate” and is asking for PayPal donations to help him fight it: “If I can be sued simply for complaining about spammers, then anyone can be,” he says on his Web site. (https://spamlawsuit.spamshield.org/)

A previous article at the new hampshire business review ( https://www.nh.com/apps/pbcs.dll/article?AID=/20041001/BUSINESSREVIEW01/40930004/-1/BUSINESSREVIEW ) gives more detail on Habserstohss’ involvement with DMC / Atriks / Sendmail / Virtual Mail Delivery Agent / VirtualMDA

Some information from the Rokso Listing

"Sendmails" or "Atriks" is Brian Haberstroh’s distributed e-mail distribution system using proxies on broadband long-lease (or static) IP addresses to send bulk e-mail. It was designed and intended to get bulk e-mail past existing filters. While some legitimate bulk mailers do experience occasional delivery problems, the correct way to resolve that is seeking permission from the recipient, not sneaking around the filters. Sendmails also uses a seemingly endless variety of envelope senders making filtering on "From" difficult for most end-users as well as ISPs.

Haberstroh has also employed a variety of DNS implementations which (temporarily) foiled efforts of postmasters to keep his unwanted mail off of their servers and out of their user accounts. Those techniques include locating DNS servers outside of his primary network at frequently-changing addresses (avoids nulling the nameservers to keep envelopes from resolving, avoiding a common filter rule), and even spoofing DNS records to point at the spam recipient’s MX record.

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Jay Stuler defendant & donations

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