Four of the nation's largest online providers yesterday announced a new round of lawsuits aimed at e-mail spammers, including the first major case involving spam sent via an instant messaging service.
America Online Inc., Yahoo Inc., Earthlink Inc. and Microsoft Corp. all filed suits in federal courthouses around the country, alleging violations of the federal anti-spam law passed late last year and of state statutes.
AOL filed two suits in U.S. District Court in Alexandria, one targeting 10 unidentified people who allegedly used e-mail to market the painkiller Vicodin and other pharmaceuticals that are legally available only with a physician's prescription. The second suit targets alleged spammers who sent unsolicited pitches via instant message, a relatively new form of spam the company called "spim."
Instant messaging, often known as IM, has grown in popularity for its ease of use, immediacy, and relative freedom from the onslaught of unwanted bulk messages that have been choking e-mail communication. AOL, which hosts the most widely used IM service, estimates that 1.5 billion instant messages move across its network every day.
AOL said it filed suit because it is beginning to see spammers target that large audience by sending e-mail either directly to IM users or to chat rooms they frequent.
AOL spokesman Nicholas J. Graham said the company each day takes action against more than 10,000 IM accounts that have been created or hijacked to spread spim. He said the number represents less than 1 percent of all accounts, which include AOL subscribers and others who use AOL's IM as a free, stand-alone service.
AOL is employing technology to block spim, including limiting how many instant messages can be sent from one account.
"Spammers are trying alternative weapons of mass annoyance," Graham said. "AOL is not going to be a safe haven" for IM spammers.
The suit does not name specific defendants, instead identifying 20 "John Does." In addition to sending sexually oriented and other marketing pitches, defendants are accused of visiting AOL's online chat rooms to gather IM account names and of fraudulently creating or stealing accounts.
AOL's legal action is part of an effort by some of the industry's biggest online providers to crack down on spam. Microsoft filed suit in Washington state, Earthlink filed suit in Atlanta, and Yahoo filed suit in California.
