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Dec-27-2010Calif marketer goes to law school to sue over spam(topic overview)
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Daniel Balsam from San Francisco discovered an answer to that eight years ago after receiving one too many of these emails regarding the enlargement of various private parts. He started a campaign against those email marketers that violate anti-spamming laws, successfully suing many of those in the process. Originally working as a marketer, he shut the door on that career, developed an anti-spamming website and studied law, while making good money suing those companies who bombarded his email with various spam emails ranging from cheap drugs to free sex. While technology giant Cisco Systems Inc. has estimated that around 200 billion of these unwanted emails are sent every day making up about 90 percent of all emails sent, it would seem that his victories would not make much of a difference to the spammers, but the court judgments and settlements he has received from his lawsuits amount to well in excess of $1 million. Some of his adversaries claim that he abuses the system by using small claims court, where many out of state businesses would rather settle to avoid the hassle and expense of the court process. The majority of the companies Mr. Balsam sues are those that violate the Californian anti-spam law. Those laws include sending ads with misleading subject lines that give the impression that they are non-commercial, or those that offer free product that aren't free, and emails that don't offer a way to 'opt out' of receiving more emails from the marketer. [1] Then he found something he wanted to do more: Sue spammers for a living. He quit his job and went to law school--and he's made $1 million doing it. You want to know how great America is? This is how great America is: Not only can you make a living off of peoples' penis-size insecurities, you can also make a living--a good living!--by suing those same people. From San Francisco Superior Court small claims court to the 9th U.S. Circuit Court of Appeals, Balsam, based in San Francisco, has filed many lawsuits, including dozens before he graduated law school in 2008, against e-mail marketers he says violate anti-spamming laws. His many victories are mere rain drops in the ocean considering that Cisco Systems Inc. estimates that there are 200 billion spam messages circulating a day, accounting for 90 percent of all e-mail. [2] In this Dec. 22, 2010 photo, attorney Daniel Balsam, who hates spam so much that he launched a Website Danhatesspam.com, poses outside in San Francisco. From San Francisco Superior Court small claims court to the 9th U.S. Circuit Court of Appeals, San Francisco-based Balsam has been wielding a one-man crusade against e-mail marketers he alleges run afoul of federal and state anti-spamming laws with dozens of lawsuits filed even before he graduated law school in. [3]
From San Francisco Superior Court small claims court to the 9th U.S. Circuit Court of Appeals, the San Francisco-based Balsam has racked up more than $1 million in judgments and settlements with e-mail marketers. His courtroom foes contend he is one of many sole practitioners unfairly exploiting anti-spam sentiments and laws. Balsam makes no apologies for his tactics or his mission, saying he's doing "a little bit of good cleaning up the Internet." [4]
According to the SeattlePI, he has filed and won more that 40 suits raised in small claims court and some in higher courts, whether by decision of the court or by reaching a settlement with the accused party. All in all, he has allegedly earned himself more that $1 million so far. Among the companies he sued are Various Inc. (the company that operates AdultFriendFinder.com), Tagged.com, Valueclick Inc., and many others. Some of them decided to fight back and sue him for threatening to reveal details of settlements that he was forbidden to disclose. Many of these companies and their lawyers claim that Balsam "abuses the processes by using small claims court" in order to make out-of-state companies settle instead of choosing to fight the claims. It seems that they get no sympathy from the judges - he continues to win and earn himself a living. The companies accuse him on being in it for the money - and no doubt, they are partially right. There is also no doubt that he's doing something that a lot of us dream of. "I feel like I'm doing a little bit of good cleaning up the Internet," he says. Judging from the comments the story received, many regular users think of him as a hero. "May he grow so successful that he can begin suing spammers for the rest of us as well. [5] Balsam settles enough lawsuits and collects enough from judgments to make a living. He has racked up well in excess of $1 million in court judgments and lawsuit settlements with companies accused of sending illegal spam. His courtroom foes contend that Balsam is one of many sole practitioners unfairly exploiting anti-spam sentiments and laws. They accuse him of filing lawsuits against out-of-state companies that would rather pay a small settlement than expend the resources to fight the legal claims. "He really seems to be trying to twist things for a buck," said Bennet Kelley, a defense lawyer who has become Balsam's arch nemesis over the years in the rough-and-tumble litigation niche that has sprung up around spam. [6] Sure, everybody hates spam, but most people never file so many lawsuits to stop it. A defense lawyer named Bennet Kelley actually accuses attorney Daniel Balsam of unfairly exploiting the anti-spam laws and the sentiments behind them. He basically often files lawsuits in California against companies that are out of state. These companies would rather settle then have to deal with the hassle of fighting the suits in California. Much of the $1 million in court judgments and lawsuit settlements Balsam has under his belt are the result of these settlements. Kelley said of Balsam, "He really seems to be trying to twist things for a buck. [7]
Since 2002, a man named Daniel Balsam has made a career out of suing companies that send spam messages via email. Formerly a marketer, Balsam quit his job, went to law school, and has since made "well in excess of $1 million in court judgments and lawsuit settlements with companies accused of sending illegal spam." [8]
According to the Seattle P i, Daniel Balsam chucked his job as a marketing executive to turn Van Helsing on the vampire spammers. His career started eight years ago when he got one too many e-mail pitches to enlarge his breasts. He set up a website called Danhatesspam.com, went to law school and is making a decent living suing companies who flood his e-mail inbox with offers of cheap drugs, free sex and unbelievable vacations. Balsam, who is based in San Francisco, has filed many lawsuits, including dozens before he graduated law school in 2008, against e-mail marketers. [9] Most everybody does, of course. He has acted on his hate as few have, going far beyond simply hitting the delete button. He sues them. In this Dec. 22, 2010 photo, attorney Daniel Balsam, who hates spam so much that he launched a Website Danhatesspam.com, poses outside in San Francisco. Eight years ago, Balsam was working as a marketer when he received one too many e-mail pitches to enlarge his breasts. Enraged, he launched a Web site called Danhatesspam.com, quit a career in marketing to go to law school and is making a decent living suing companies who flood his e-mail inboxes with offers of cheap drugs, free sex and unbelievable vacations. [10]
In 2002, marketer Daniel Balsam had enough of the breast enlargement emails clogging his inbox, and decided to do something about it. He went to law school, and now makes his living suing spammers. "What started just as kicks turned into a hobby, which turned into a career," Balsam said. "It's what triggered me to go to law school." ''Under California law, it's illegal to put misleading or fradulent information in commercial email subject lines, or to send emails that don't allow consumers to opt-out of future missives. Balsam has sued dozens of suspicious social media companies for violating the law, and last November, he won a judgment against a company that sent him four emails titled "Hello my name is Rebecca, I love you." (The "adult-oriented" social media company is appealing the ruling). With potential targets landing in his inbox every day, Balsam has won the praise of the internet and the enmity of opponents, who accuse him of "unfairly exploiting anti-spam sentiments and laws."'''' [11]
Daniel Balsam has dedicated his work life to suing spammers, and he's gotten pretty good at it. Today, he makes a living off of the lawsuit judgments going in his favor, while at the same time being a real thorn in the side of spammers who see him as nothing but an annoying menace using the anti-spam laws incorrectly to generate profit. For e-mail users everywhere, he will likely be seen as a bit of a hero. Using the law to force companies to change their spamming ways, or at least hitting their bottom line by winning cash on the outcome of lawsuits regularly seem perfectly fine to us. [12]
Like any real American, Balsam has mortal enemy: Defense lawyer Bennet Kelley, who created a website to rival Balsam's (www.danhatesspam.com was the original; Kelly's version was www.danhatespam.com). Kelley says that Balsam is "exploiting" the anti-spam laws under which he files his lawsuits. Balsam usually sues based on violations of California's anti-spam laws, which makes it illegal for companies to fake noncommercial email headers and subject lines (one he received four times was "Hello my name is Rebecca, I love you") and requires that companies provide "opt-out" options. (He has more than 100 email addresses, theoretically to better position himself for lawsuits.) Exploitation? Probably! But it's hard to find sympathy for spammers. It wouldn't be this great country without a little bit of exploitation. Send an email to Max Read, the author of this post, at. [2] The key to Balsam's legal success is a California state law which makes it illegal to send email advertisements with "falsified, misrepresented, or forged header information" or false or misleading commercial claims in the subject line. The penalty: $1000 "for each''unsolicited commercial e-mail advertisement transmitted in violation''of this section, up to one million dollars ($1,000,000) per incident." When San Mateo Superior Court Judge Marie Weiner in March ordered Trancos Inc. to pay Balsam $7,000 for sending spam that recipients couldn't stop, she noted that he has more than 100 e-mail addresses. Not everyone is a fan of Balsam's, however: He has gained an archenemy in the form of defense lawyer Bennett Kelley, who says that he uses the righteous mantle of anti-spam crusading to "twist things for a buck," gets alleged spammers to settle so they don't have to go to court, then violates the confidentiality terms of his settlements to boast about his successes. Balsam co-wrote and lobbied for a state law which would strengthen California’s anti-spam regulations (and, one might note, make his business potentially more lucrative); while passed by the Legislature, it was ultimately vetoed by Governor Schwarzenegger. [8] "I feel like I'm doing a little bit of good cleaning up the Internet," Balsam said. The spammer attorneys he routinely faces in court have a different opinion. They claim Balsam is cynically exploiting unfair stereotypes of email spammers and making a mockery of the "law" by, you know, trying to enforce these so-called "laws" against spammers. "He really seems to be trying to twist things for a buck," said Bennet Kelley, a defense lawyer who has become Balsam's arch nemesis over the years in the rough-and-tumble litigation niche that has sprung up around spam. If there's anything a defense attorney for an email spammer can't abide, it's another attorney trying to twist things for a buck. [13]
Dan's method of attack is simple. After getting very annoyed with spam in his inbox he started the website DanHatesSpam.com. He then went to law school to learn the trade so he could do something about spam more directly. Since becoming qualified he uses the anti-spamming laws to catch out these companies. Such laws state that you can't send an e-mail with a misleading header that makes the reader think it isn't a sales pitch, you can't state a product is free when it isn't, and you have to have an opt-out in the e-mail that works. If Dan receives such e-mails and they break the anti-spam laws, then he starts a case against the company, takes them to small claims court, and wins. He may be small time, but judgements in his favor now exceed $1 million, making him a problem companies sending out this spam cannot ignore. It also helps that he has no lawyer fees of his own to pay. He really seems to be trying to twist things for a buck. [12] The law also requires a way for Internet consumers to "opt out" of receiving any more spam from a sender. Balsam said he has more than 40 small claims victories and several more in higher courts, mostly alleging the receipt of misleading advertising. In November, he won a $4,000 judgment against Various Inc., an "adult-oriented" social media company that controls AdultFriendFinder.com. A judge sided with Balsam, who sued after he received four identical e-mails sent to four different accounts with the identical subject line "Hello my name is Rebecca, I love you." It's the fourth time he's beat Various in court. [6]
Balsam uses California's anti- spam laws to sue spammers and extract settlements, and makes a good living doing it, apparently. He says he has had 40 victories in small claims courts and more in higher courts. [14] Apparently Balsam settles enough lawsuits and collects enough from judgements to make a living. In fact he has made $1 million out of companies accused of sending illegal spam. The spammers claim that he is one of many who make dosh from exploiting anti-spam laws. They moan that he files lawsuits against out-of-state companies that would rather pay a small settlement than expend the resources to fight the legal claims. [9] Balsam settles enough lawsuits and collects enough from judgments to make a living. He has racked up well in excess of $1 million in court judgments and lawsuit settlements with companies accused of sending illegal spam. [2] Since changing careers, Balsam has filed numerous lawsuits against spammers in San Francisco area courts. He says he's forced more than $1 million in court judgments and settlements with alleged spammers. [13]
The lawsuit was later dismissed in San Francisco Superior Court and Balsam declined to discuss the case other than to say it was "resolved." He said, generally speaking, those who sue him are "retaliating" for lawsuits he filed against them. "I feel comfortable doing what I'm doing," Balsam said of the lawsuits against him. [6]
Balsam certainly isn't the average Internet consumer. When San Mateo Superior Court Judge Marie Weiner in March ordered Trancos Inc. to pay Balsam $7,000 for sending spam that recipients couldn't stop, she noted that he has more than 100 e-mail addresses. [6]
Beware, with over 40 small claims court triumphs and more victories in higher courts, if you spam Daniel Balsam your email won't just be deleted. [1] Balsam uses the small claims court and the spammers will often pay up to avoid the hassle. Balsam said he has more than 40 small claims victories and several more in higher courts, mostly alleging the receipt of misleading advertising. He has been sued himself. Tagged.com sued him for threatening to violate terms of an earlier settlement by telling the company he was planning to post terms of the agreement on his website. Valueclick also complained that he breached settlement agreements by exposing confidential terms. [9] Balsam has filed lawsuits and got settlements and judgments from companies small and large. He has sued the Stockton Asparagus Festival and embroiled himself in contentious litigation with Tagged.com, the country's third largest social networking site. Balsam noted in his lawsuit that Time magazine dubbed it "the world's most annoying Web site." Tagged.com shot back with a lawsuit of its own, accusing Balsam of threatening to violate terms of an earlier settlement by telling the company he was planning to post terms of the agreement on his website. [6]
Balsam is fighting the lawsuit and a lawyer for Tagged.com didn't return a phone call seeking comment. Balsam has also been sued by Valueclick Inc. for allegedly breaching settlement agreements by exposing confidential terms, which he denies. "Balsam, who in his anti-spam zeal frequently views matters in absolutes such that anyone who disagrees with him must be villainous," lawyers for Valueclick Inc. stated in a 2007 lawsuit accusing Balsam of disclosing terms of a settlement. [6] Bennet Kelley, a defense lawyer, has been identified as Balsam's arch nemesis. He even created a website critical of Balsam's tactics and has sued Balsam twice for allegedly violating confidentiality terms in settlement agreements. [9]
"There is nothing wrong per se with being an anti-spam crusader," said Kelley, who has sued Balsam twice for allegedly violating confidentiality terms in settlement agreements. [6]
Daniel Balsam hates spam. He quit his job to start suing spammers. He began his lawsuits before he even graduated law school. To some he is a hero for working to get rid of unwanted email. His adversaries think that he is abusing the system with his anti-span lawsuits. [7] One day, Daniel Balsam, originally a marketer, got so angry at all the email spam he got that he quit his job, put himself through law school, and made a living for himself suing email spammers. Great AP story, file under "awesome." [14]
Dan abuses the processes by using small claims court. A lot of people will settle with him to avoid the hassle. If the defense lawyer representing companies that spam says Dan is a hassle, then we know he is doing us all a favor. We wish him well and all hate spam, so thank you Dan. [12] There is nothing wrong per se with being an anti-spam crusader, but Dan abuses the processes by using small claims court. [7]
Balsam started small in 2002 in small claims court. By 2008, some of his cases were appearing before the 9th U.S. Circuit Court of Appeal and he was graduating from the University of California Hastings College of the Law. [6]
"What started just as kicks turned into a hobby, which turned into a career," Balsam said. "It's what triggered me to go to law school." Balsam mostly sues companies he accuses of violating California's anti-spam law. [6]
Among other restrictions, the law prohibits companies from sending spam with headers that misleads the recipient into believing the e-mail is noncommercial or comes with offers of "free" products that aren't true. [6] Feds are also cracking down on Encyclopedia Dramatica, a satirical Wikipedia-like site that explains popular memes from the anonymous Internet communities like 4Chan. The smart way to deal with Anonymous is not to throw around scary phrases like "cyber war" and pretend its work is a Homeland Security issue -- these are a bunch of young guys who a week ago were fighting for their right to download a bootleg of the "Tron" sequel for free -- but few people in law enforcement seem to be interested in smart ways to handle Anonymous or WikiLeaks itself. [6] Maybe you know a little bit about the rise and fall of the studio system in Hollywood, or you get misty-eyed over the crazy but creative early years of radio, before major broadcasting networks took over. Anyone past the age of 30 probably has at least a hazy memory of Ma Bell being smashed into Baby Bells by the Department of Justice in 1984, and may even be aware that some people still regard this as a crying shame. In "The Master Switch," Wu assembles all of these stories and reframes them as battles in a shifting landscape of high-stakes industrial warfare, from Ma Bell's dastardly campaigns against small independent phone companies to the conquest of every aspect of the movie industry -- from talent and production to distribution and theaters -- by the ruthless moguls of the studios' heyday. He scrutinizes the postwar years when AT&T; was treated like a shadow agency of the federal government, and recounts how the Machiavellian head of RCA, David Sarnoff, double-crossed an idealistic old friend to suppress the introduction of FM radio (a technology whose capabilities have yet to be fully explored) for decades. These industries -- "the defining business ventures of our time," according to Wu -- "have from their inception been subject to the same cycle of rise and fall, imperial consolidation and dispersion." [6] "The time has come when we must pay attention" because we are now, with the Internet, "on the high end of a pendulum arc that, so far, has always begun to swing in the opposite direction -- toward greater control and centralization." While Wu strives for balance, acknowledging that monopolies can provide seamless service, efficiency, high-quality content and sometimes even lower prices, his heart is clearly with the wild and woolly (if also sometimes scruffy) nature of the wide-open model that currently abides online. The histories Wu relates are unexpectedly fascinating, partly because fierce conflicts make for good stories and partly because they invite us to imagine such scenarios as what the world might have looked like if Bell hadn't postponed the introduction of innovations like voice mail, fax machines and modems for so long. Mammoth communications monopolies might be stable, Wu points out, and they do encourage the development of new ideas that stand a chance of enhancing their current business, as in corporate-sponsored hotbeds like Bell Labs. They also reflexively shut down anything that threatens to usher in the "creative destruction" of true innovation. A form of irrational "paranoia" (Wu's term) caused Bell to stifle the invention of magnetic recording tape by one of its engineers in the 1930s -- somehow they thought it would "lead the public to abandon the telephone." The Internet is, of course, supposed to be different, with its ability to transmit all kinds of data without routing it through a central switchboard (the "Master Switch" of Wu's title). [6]
And, above all, whoever owns the physical infrastructure through which we all connect to the Internet -- in most cases, the cable companies -- could decide to parlay that into control over what we see once we're connected. Wu, a prominent champion of net neutrality, proposes what he calls "a Separation Principle for the information economy." He wants to see "those who develop information, those who own the network infrastructure on which it travels, and those who control the tools or venues of access. kept apart from one another." He also wants the government to "keep its distance and not intervene in the market to favor any technology, network monopoly, or integration of the major functions of an information industry." This portion of the book, because it's theoretical and hypothetical, is considerably drier than the historical chapters, but since Wu sees the public and its notions of "information morality" as a key enforcer for his Separation Principle, most readers will be prepared to listen up. [6]
The company is appealing the latest ruling and a hearing is scheduled for Jan. 5 in San Francisco Superior Court. [6]
SOURCES
1. Spam Crusader Targets Unlawful E-mails | Gather
2. Meet the Guy Who Quit His Job to Sue Spammers
3. Man quits job, makes living suing e-mail spammers
4. Calif marketer goes to law school to sue over spam - BusinessWeek
5. Man makes career out of suing e-mail spammers
6. Man quits job, makes living suing spammers - Internet Culture - Salon.com
7. Daniel Balsam Quits Job to Start Suing Spammers. | Gather
8. Daniel Balsam - Spam Fighter | Geekosystem
9. US bloke makes a living suing spammers - Someone has to do it | TechEye
10. Man Quits Job, Makes Living Suing E-Mail Spammers - ABC News
11. The most important news and commentary to read right now. - The Slatest - Slate Magazine
12. Dan hates spam, spends his days suing spammers | Geek.com
13. Man makes living suing spammers, spammer attorneys outraged! | ITworld
14. Awesome: Guy Quits Job In Anger Over Spam, Becomes Spam-Fighting Lawyer
15. Letters: Man quits job, makes living suing spammers - Salon
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