 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
MEMORANDUM
|
EXTRACTED KEY WORDS
SPAM FTC DEFENDANT PRACTICES SPOOFING ATT MATERIALS INNOCENT THIRD FTC ACT RECIPIENT SENDER WESTBY WEB SITES ADULT VERIFICATION SERVICE RELIEF THIRD PARTY TEMPORARY RESTRAINING ORDER REPRESENTATIONS MISREPRESENTATIONS WORKSTATIONS BULK E-MAIL COMMERCIAL E-MAIL CUSTOMERS IMMEDIATE SEXUALLY EXPLICIT INJUNCTIVE RELIEF AUTHORITY COUNTERVAILING BENEFITS LIKELIHOOD |
1 \ L f a1 C! .`,
/.;.!LL,:
PEDERAL TRADE COMMISSION, 1 _ 1
[y;;,,'
,' .. : ;;.
1
Plaintiff, ) Case No. 03 C 2540
1
V. ) Judge James B. i%ge&
1
BRIAN D. WESTBY, ) Magistrate Judge Arlander Keys
1
Defendant. 1
MEMORANDuMSuplpoRTINGpLA~`SMoTIoNFoRTEMpoRAR~
REX3TRAINING ORDER, OTHER EQUITABLE RELIEF, AND ORDtiR TO
SHOW CAUSE WHY A PRELIMlNARY INJUNCI'ION SHOULD NOT ISSUE
I. INIRODUCI'ION
The FTC brings this action to halt Defendant from sending deceptive unsolicited
commercial e-mail ("spam"). Defendant is a "spamme? who sends consumers bulk e-mail with
innocuous subject lines such as `%ez your email addre& or "Payment Declined" which suggest
that the sender has a pre-existing relationship with the recipient. But, when consumers open
Defendants' e-mail, they are greeted with photos of naked women who supposedly make up a
network of housewives in need of sex. The deceptive subject lines enable the spam to evade
filters meant to block spam and expose consumers - including children and individuals at their
/ workstations - to unwanted, and often graphic, sexual material
Compounding the problem with this spam, the e-mails contain forged `%m" and "reply-
to" lines, a practice often referred to as "speofing." Spoofing f&Is the e-mail system by making
it look like an e-mail came from the innocent third party whose e-mail address is placed
`Yi-om" or "Yeply-to" line. Innocent consumers whose e-mail address is "spoofed" are often
SNIPPETS:
|
|
2
.
COMPLAINT
|
EXTRACTED KEY WORDS
CONSUMERS FTC ACT DEFENDANT PRACTICES SPAM VIOLATION RELIEF COURT DECEPTIVE ACTS NUMEROUS INSTANCES COMMERCE INJURY PARAGRAPH SPOOFING MATERIALS UNITED STATES EQUITABLE RELIEF COMPLAINT UNDERLYING E-MAIL MESSAGE INJURE CONSUMERS AUTHORIZATION UNFAIR DISTRICT FEDERAL TRADE COMMISSION REPRESENTATION SUFFER HEADER COMMERCIAL BULK E-MAIL AGENTS ACTING |
UNITED STATES DISTRICT COURT
FOR TJilE NORTHERN DISTRICT OF ILLINOIS
FEDERAL TRADE COMMISSION,
Plaintiff,
V.
BRIAND. WESTBY,
Defendant.
COMPLAINT FOR INJUNCTIVE AND OTHER EOUITABLE RELIEF
Plaintiff, the Federal Trade Commission ("FTC" or "the Commission"), for its
alleges as follows:
1. The FTC brings this action under Section 13(b) of the Federal Trade Commission
("FTC Act"), 15 USC. $53(b), to secure temporary, preliminary, and permanent injunctive
restitution, recission of contracts, disgorgement and other equitable relief for Defendant's
acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. g 45(a).
JURISDICTION AND VFXUE
2. This Court has jurisdiction over this matter pursuant to 15 USC. 85 45(a)
and 28 U.S.C. 55 1331,1337(a) and 1345.
3. Venue in the United States District Court for the Northern District of
under 15 U.S.C. 5 53(b), and 28 U.S.C. 5 1391(b).
PARTIES
4. Plaintiff FTC is an independent agency of the United States Government
statute. 15 U.S.C. $5 41-58. The FTC is charged, inter da, with enforcement of Section
SNIPPETS:
|
|
|
| | | |
|
|
