Zeljko Aksentijevic convicted in first defended anti-spam case in New Zealand

Judge Dredd

Administrator
Staff member
Joined
Aug 11, 2000
Posts
712

Spammer fined for sending abusive emails

A man has been fined $12,000 for sending thousands of abusive spam emails linking to a mobile phone arcade game, in the first defended anti-spam case in New Zealand.

The Department of Internal Affairs has welcomed the penalty handed down to spammer Zeljko Aksentijevic for breaching the Unsolicited Electronic Messages Act, after the judge's decision was released yesterday.

Internal Affairs took a case against Aksentijevic after receiving complaints he sent 2230 messages to members of the public linking to his free Android app, Crazy Tilt Arcade Challenge, in 2012.

The messages were sent to members of an internet gaming forum after an online argument, and were abusive in nature, the department says.

He also sent emails from several different email addresses in an attempt to stay anonymous.

Aksentijevic was found to have breached the act by sending unsolicited emails with inaccurate sender information, and did not include an unsubscribe option.






He continued sending the emails after being warned he was breaching the act.

In his decision, Manukau District Court Judge Charles Blackie said the abusive nature of the emails was an aggravating factor.

"Breaching the provisions of the act in relation to commercial electronic messaging is one thing, but adding a veneer of abuse is another."

The main purpose of the $12,000 fine was to act as a deterrent for Aksentijevic and potential scammers, he said.

The case, which was heard in July last year, was the first defended anti-spam case in New Zealand and the first civil pecuniary penalty application to be heard through to completion in Manukau District Court.

Department of Internal Affairs investigator Peter Merrigan welcomed the decision and warned the department will continue to prosecute spammers.

"The department takes the matter of spam seriously, and the decision by Judge Blackie sends a strong message that all those sending spam, even without financial motivation, can expect to be held accountable."


Read more: http://www.3news.co.nz/nznews/spammer-fined-for-sending-abusive-emails-2015011319#ixzz3OqrtLmeJ


TL;DR?

I. AM. THE. LAW.

 

cdamm

Trust the French?
10 Year Member
Joined
Apr 1, 2011
Posts
10,587
hehehehehe.


thank god i have a phone with crazy tilt on it. now i can ebay it with the banned app for much profit!

my day has been made.
 

lithy

Most Prominent Member of Chat
20 Year Member
Joined
Dec 1, 2002
Posts
22,031
If ever there was a thread that deserved an insta-move to Best Of..., this is it.
 

Phyeir

My only regret is that I have... Boneitis!
Joined
Mar 8, 2009
Posts
5,541
Don't fuck with the forum owned & moderated by lawyers.

The_more_you_know_banner.jpg
 

Tacitus

Volatile Memory Construct - SN://0467839
Staff member
Joined
Apr 26, 2002
Posts
15,120
He could've saved himself a lot of trouble just buying a Euro Kizuna and setting it on fire, but what fun would that be?
 

SNKorSWM

So Many Posts
No Time
For Games.
10 Year Member
Joined
Feb 5, 2010
Posts
15,152
Dude's a kiwi fruitcake
Turtle-Cake-1.jpg
 

90s

This is the hand that launched a thousand batches.
Joined
Apr 19, 2012
Posts
1,149
Damn, is this in direct connection to the stuff that went down here? Sucks for him.
 

Judge Dredd

Administrator
Staff member
Joined
Aug 11, 2000
Posts
712
Damn, is this in direct connection to the stuff that went down here? Sucks for him.



Yes.

He was warned repeatedly that his actions were illegal and we worked with the authorities in his country. The site cooperated with the agencies involved to address the attacks. Zeljko attempted to exploit several methods of attack against the site and users.

We take every threat to the site seriously and these attacks were clearly malicious and persistent. The findings by the court supported that and we are pleased that this is resolved.

This is a major victory for NZ and international anti-spam law. This sets a clear precedent in future litigation for NZ and the NZ government approached it as such. The department involved went as far as to prepare and distribute a press release for the media.

There are other details that may be disclosed at a later date in regards to these attacks and we will announce them when and if we are able to.

When we stated we would react appropriately and strongly to the attacks, we meant it. We were unable to publicly speak about it due to the investigation and litigation.

 

RabbitTroop

Mayor of Southtown, ,
20 Year Member
Joined
Dec 26, 2000
Posts
13,852

Yes.

He was warned repeatedly that his actions were illegal and we worked with the authorities in his country. The site cooperated with the agencies involved to address the attacks. Zeljko attempted to exploit several methods of attack against the site and users.

We take every threat to the site seriously and these attacks were clearly malicious and persistent. The findings by the court supported that and we are pleased that this is resolved.

This is a major victory for NZ and international anti-spam law. This sets a clear precedent in future litigation for NZ and the NZ government approached it as such. The department involved went as far as to prepare and distribute a press release for the media.

There are other details that may be disclosed at a later date in regards to these attacks and we will announce them when and if we are able to.

When we stated we would react appropriately and strongly to the attacks, we meant it. We were unable to publicly speak about it due to the investigation and litigation.


Not sure who is manning the Dredd account right now, but this is awesome news, and thank you to all of the admins of this site, and everyone involved in making this happen. This guy deserved every drop of justice that rained down on him, and probably more.

Big win for this site, and big win for a lot of sites out there. This guy was an absolute spaz and complete menace. Glad he got a $12,000 spank on the ass, and hopefully he'll think twice about being an obsessive Internet-troll in the future.
 

shadowkn55

Genbu's Turtle Keeper
15 Year Member
Joined
Dec 9, 2006
Posts
2,386
The forums were down for a bit last night. Any connection to the verdict?
 

StevenK

ng.com SFII tournament winner 2002-2023
10 Year Member
Joined
Jul 25, 2012
Posts
10,085
This is great news. I almost want him to spam again as next step would be prison, which would be fucking hilarious.
 

Lemony Vengeance

Mitt Romney's Hairdresser,
Joined
Jan 30, 2012
Posts
4,204
This is what happens when you go toe to toe with someone that knows their infosec shit. Congrats to the nation of New Zealand and to those within the forum that fought against the diverman to bring him to justice.
 

Gentlegamer

Sakura's Bank Manager
10 Year Member
Joined
Dec 7, 2014
Posts
728

Yes.

He was warned repeatedly that his actions were illegal and we worked with the authorities in his country. The site cooperated with the agencies involved to address the attacks. Zeljko attempted to exploit several methods of attack against the site and users.

We take every threat to the site seriously and these attacks were clearly malicious and persistent. The findings by the court supported that and we are pleased that this is resolved.

This is a major victory for NZ and international anti-spam law. This sets a clear precedent in future litigation for NZ and the NZ government approached it as such. The department involved went as far as to prepare and distribute a press release for the media.

There are other details that may be disclosed at a later date in regards to these attacks and we will announce them when and if we are able to.

When we stated we would react appropriately and strongly to the attacks, we meant it. We were unable to publicly speak about it due to the investigation and litigation.


Is the original problem thread still available? This is amazing.
 

F4U57

General Morden's Aide
20 Year Member
Joined
Feb 25, 2004
Posts
7,632
For Great Justice!

Well done N-G.com
 

fenikso

Slug Flyer Pilot
15 Year Member
Joined
Oct 6, 2004
Posts
3,932
This is probably one of the greatest things I have ever read on this, or any other, site. If only the verdict could have been handed down in time for Christmas.
 

Shuri

Kula's Candy
10 Year Member
Joined
Jul 2, 2012
Posts
294
Wow, this is impressive! 12k is a serious amount of money, and it seems that the case will also be very important for future ones. Amazing job, admins!
 

Takumaji

Master Enabler
Staff member
Joined
Jul 24, 2001
Posts
19,029
Those were the days, man.

Glad he got what he deserved. I would have up'ed the fine a little but 12k is okay too. :D
 
Top