Why's that interesting? Well, the CAN-SPAM act, which, unfortunately, seems to be about the best we've got to work with, normally limits enforcement to the FTC or the state attorneys general. However, § 7(g) lets an ISP sue a spammer in federal court:
- (1) ACTION AUTHORIZED- A provider of Internet access service adversely affected by a violation of section 5(a)(1), 5(b), or 5(d), or a pattern or practice that violates paragraph (2), (3), (4), or (5) of section 5(a), may bring a civil action in any district court of the United States with jurisdiction over the defendant--
- (A) to enjoin further violation by the defendant; or
- (B) to recover damages in an amount equal to the greater of--
- (i) actual monetary loss incurred by the provider of Internet access service as a result of such violation; or
- (ii) the amount determined under paragraph (3).
Now, the FTC and attorneys general have bigger fish to fry than going after spammers, but ISPs feel this pain every day. It might not be worth their while to stamp out a bunch of little individual spammers around the Internet, but if it's only four or five big operations, that prospect starts looking a lot more interesting.