EarthLink files lawsuit against alleged e-mail spammers

<p>Internet service providers are going after e-mail spammers or companies that help them.</p><p>Atlanta-based EarthLink on Tuesday filed a federal lawsuit against what it says are the nations most sophisticated e-mail spammers. It named 16 people and businesses in the Alabama Gang, a name inspired by e-mail sent through telephone lines near Birmingham, Ala.</p><p>America Online filed a federal lawsuit last week, going after a Florida computer company for allegedly helping spam operators in Thailand distribute at least 35 million e-mails offering low mortgage rates. The spam generated 1.5 million complaints from members, AOL claimed in the lawsuit.</p><p>AOLs suit alleges Connor Miller Software, based in the Orlando, Fla., suburb of Winter Garden, set up and maintained a bank of e-mail servers for the spam rings use. The lawsuit further alleges one of the companys executives wrote code for the bulk e-mail program the spammers used in an attempt to evade AOLs mail filters.</p><p>That lawsuit seeks at least $1.6 million in damages.</p><p>No monetary damages are specified in EarthLinks lawsuit. When EarthLink filed the original lawsuit in August, the company said it would seek more than $5 million in damages.</p><p>EarthLink contends the gang used stolen credit cards to establish Internet accounts, then used those accounts to send the spam for herbal Viagra, drugs to enhance body parts, even offers to sell spamming software.</p><p>These are not the people who are sending out of a garage, said Paul Wellborn, an Atlanta lawyer hired by EarthLink to unmask the gang and prosecute the spammers.</p><p>Wellborn said the group operated in the shadowy world of cyberspace, creating Web sites that vanished before they could be traced. Complex computer technology was used to cover tracks.</p><p>Meanwhile, Heidi Miller, named as a defendant in the AOL lawsuit, said Connor Miller Software did nothing wrong in setting up a program that sent messages in bulk to a legally purchased e-mail list. She said AOL is trying to make us go belly-up financially so we cant defend ourselves.</p><p>AOL first sued Connor Miller Software in Virginia last year. But a federal judge threw out the suit in December, rejecting AOLs claims that Virginia had jurisdiction because AOL is located there and the e-mails had gone through its computers.</p><p>A separate suit is pending in Virginia against two Americans in Thailand who hired Connor Miller Software.</p><p>Were going after the spammers where they live, AOL spokesman Nicholas Graham said.</p><p>___</p><p>Associated Press Writer Mike Branom in Orlando contributed to this article.</p>