AOL Loses Spam Email Lawsuit

ALEXANDRIA, Va., Dec. 30 /PRNewswire/ -- On December 24, 2003, Chief Judge
Claude Hilton, United States District Court for the Eastern District of
Virginia, dismissed a lawsuit brought by America Online ("AOL") against
alleged facilitators of bulk emails, or "spam." Although AOL had claimed that
the Defendants, Florida computer technicians whose business maintained e-mail
systems and computer networks for customers, had "conspired" with others to
send bulk emails through AOL's Virginia computer system, the Court found that
AOL had failed to show that Virginia had jurisdiction over the Florida
Defendants simply because AOL's business resides in Virginia and the alleged
bulk emails had gone through Virginia. In its ruling, the Court made clear
that asserting jurisdiction over the Defendants would violate the Defendants'
due process rights since the Defendants did not actually direct electronic
activity into Virginia, and did not manifest an intent to specifically engage
in business in Virginia. Further, the Court concluded that merely enabling
someone to transmit material over the internet is insufficient to permit such
jurisdiction.

According to Seth Berenzweig, partner with the Arlington law firm of Albo
& Oblon, LLP, and attorney for the Defendants, "the Court's decision to
dismiss AOL's lawsuit is an important decision that will impact all lawsuits
brought in Virginia against out-of-state defendants for allegedly
participating or enabling bulk email transmissions, or 'spam.' Such a ruling,
coming on the heels of the many, much publicized lawsuits in Virginia against
alleged 'spammers,' demonstrates the Federal court's concern that due process
rights may be violated by permitting internet service providers to sue out-of-
state technicians or computer networking consultants in Virginia for work such
entities performed outside of the state, and demonstrates the Court's
reluctance to allow such lawsuits to go forward."

About Albo & Oblon and Seth Berenzweig

Albo & Oblon, LLP (http://www.albo-oblon.com) is one of the fasted growing firms
in Northern Virginia, and has been named one of the 75 largest firms in
Virginia by Virginia Lawyers Weekly. The firm's practice areas include:
general civil and corporate litigation; business and employment law;
government contracts; and white collar crime. Seth Berenzweig manages the
firm's litigation practice out of Albo & Oblon's main office located in
Arlington, Virginia, and practices in Maryland, Virginia, and the District of
Columbia. Albo & Oblon attorney, Declan Leonard, was co-counsel on this case.