Wheeling, IL — August 30, 2007 — e360Insight (e360) announced today it won the appeal hearing against international vigilante blacklist organization, Spamhaus.org. This ruling marks the first time Spamhaus is to be held accountable for its actions in disrupting legitimate commerce in the United States.

The United States Court of Appeals for the Seventh Circuit ruled Spamhaus knew it would lose the case by default if it pulled its defense and, as a result, the default judgment of liability against Spamhaus stands. "Based on its conduct before the court, we have no doubt that Spamhaus understood the defenses available to it, consistently asserted those defenses in the early stages of those proceedings and then affirmatively elected to abandon those defenses before the district court," said the ruling. "We see no reason to allow Spamhaus to escape the consequences of that decision in the later stages of this proceeding."

The appellate court did overturn the initial judgment amount and injunctive relief to provide for a more comprehensive review of the damages E360 incurred as a result of Spamhaus' improper actions. The court ruled the lower court's ruling was overbroad because it awarded the damages and injunction based solely on claims from David Linhardt, E360's CEO. The three-judge panel ruled that the lower court did not do a thorough enough investigation on Linhardt’s claims. The case now goes back to the district court where Spamhaus can no longer argue it isn't liable for damages. The only question is the amount of the damages.

This ruling is an important victory for legitimate marketers everywhere. The court's ruling allows E360 to hold Spamhaus accountable in the U.S. and anywhere in the world. We welcome the opportunity to go through discovery to revise the damages and injunctive relief. For over four years now, Spamhaus has maintained our company on its various blocklists and on its website in an effort to keep us from being able to conduct our legitimate business. It is our assertion that their actions have directly destroyed millions of dollars in value and have caused irreparable harm to our customers, suppliers and opt-in email recipients. When the dust settles, we are confident we will have shown significant damages, potentially greater than the original judgment amount.

"Being called a 'spammer' in today's environment is as akin to McCarthyism," according to David Linhardt, President and CEO of e360Insight. "You don't have to have any evidence to back up your claim. You just need to make the claim, and watch the company go out of business. Anti-spam vigilantes get their kicks from doing this every day. Even after more than a year of litigation, Spamhaus has not provided a single example email message on the record to support its claims. It is our position that email transmissions are simply too important for consumers and the health of the U.S. economy to tolerate this unreasonable behavior."



E360Insight, LLC (E360) is a permission marketing company focused on cost effective customer acquisition solutions. E360 provides consumers with notification, choice and control as it relates to the receipt of marketing messages. Consumers opt-in to E360’s programs and must meet E360’s confirmation standards in order to receive marketing messages. Once entered, consumers can opt-out to cancel their subscription at any time for any reason. E360’s lines of business include eMessaging, performance email, lead generation and offline list rental. By using E360’s marketing solutions, companies can dramatically increase revenue and lower customer acquisition costs.