Judge Tightens MAPS Restraining Order

December 7, 2000

A federal judge in Colorado this week extended and modified the temporary restraining order filed last month by 24/7 Exactis, Denver, against Mail Abuse Prevention System LLC, Redwood City, CA.

The judge also set a trial date of May 21.

U.S. Federal District Court Judge John Kane modified the order, which prevents MAPS from listing Exactis.com, a unit of New York ad firm 24/7 Media Inc., on MAPS' Realtime Blackhole List of alleged spammers. The modification clarified the court's position that MAPS and its founder Paul Vixie were enjoined from interfering with the delivery of Exactis' e-mail.

In a statement, 24/7 Media said: "The order was slightly modified to make clear that MAPS and Vixie cannot aid, abet, encourage, incite or induce any person from interfering with delivery of Exactis' email or Exactis' business operations. The restraining order will remain in effect until a five-day trial on Exactis' complaint."

The court also issued a gag order preventing both parties from speaking about the case.

However, Anne Mitchell, director of public and legal affairs at MAPS, said she was glad the judge finally set a trial date.

"This is something we wanted," she said. "We're willing to go this route because it expedites a trial. It could have taken a year to get to trial otherwise."

Dean Tomasula, DM News

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