Though the current federal statutory scheme does not adequately address the property-specific harms of pop-up advertising, Cyber Promotions supports the proposition that an Internet consumer's right to determine the extent to which an outsider may utilize her personal computer for marketing purposes, is a valid property interest that should be protected.
See Marcus, supra note 8, at 254 ("America Online is not really suing Cyber Promotions for spamming.
The decision also prohibits Cyber Promotions and Wallace from engaging in a comprehensive list of spam-related activities in the future.
The victory against Cyber Promotions is the latest in a long string of anti-spam actions taken by EarthLink.
Hunton & Williams/Atlanta is the lead counsel for EarthLink in its lawsuit against Cyber Promotions
controls three of the five sites blocked by AOL.
CompuServe won a temporary restraining order (TRO) against Cyber Promotions
in October, 1996, to prevent it from configuring its unsolicited e-mail messages to appear as though they were being sent from a CompuServe computer.
Sanford Wallace, president of Cyber Promotions
, accused America Online Wednesday of censorship and hypocrisy, citing America Online's practice of sending unsolicited commercial pitches to its own subscribers.
accounts for more than 4 million e-mail ads daily.
Concentric Network will also receive $5,000 from Cyber Promotions
and a letter from Wallace.
As part of the resolution, Cyber Promotions
was ordered by the court to immediately cease using Prodigy's name to deliver email advertisements, commonly referred to as spam, to anyone on the Internet.
If Cyber Promotions
decides to appeal this decision, we will continue to fight to give our members some relief from mass unsolicited e-mail and we are confident we will be successful," Phillips said.
Weiner ordered America Online to stop blocking millions of junk email messages sent by Philadelphia marketing firm Cyber Promotions
, pending a trial scheduled tentatively for Nov.
9 /PRNewswire/ -- Concentric Network Corporation, a leading provider of tailored network solutions for the rapidly growing electronic commerce and Internet/intranet markets, today announced that Cyber Promotions