Balsam v. Tucows Inc., No. 09-17625

Action Against Registrar of Pornographic Site For Spamming

In Balsam v. Tucows Inc., No. 09-17625, an action bringing claims against the registrar of a domain site that bombarded plaintiff with more than 1,000 unwanted emails advertising a pornographic website, the court affirmed the dismissal of the action where plaintiff was not an intended third-party beneficiary of an agreement between the registrar and the Internet Corporation for Assigned Names and Numbers.

As the court wrote:  "There is no simple remedy for the vast number of unsolicited emails, popularly known as "spam," that fill our electronic inboxes daily. Even though federal and state legislatures have adopted various laws to combat this problem, "spammers" continue to find new ways to advertise. Daniel Balsam, a victim of spam, seeks an alternative method of enforcement by bringing claims against the registrar of a domain site that bombarded him with more than 1,000 unwanted emails advertising a pornographic website."

Related Resources

• Read the Ninth Circuit's Decision in Balsam v. Tucows Inc., No. 09-17625