Daniel Balsam
Encyclopedia
Daniel Balsam is an American lawyer
best known for his lawsuits against e-mail spammers
for violations of internet spam laws. Balsam has been filing lawsuits against spammers since 2002 and has earned over $1 million in court judgments. By filing lawsuits, Balsam aims to publicize the names of the principals who are profiting from spam advertising. He aims to make spamming less profitable and to cause companies to reconsider their decision to market products through spam. Balsam describes his practice as "cleaning up the internet," although his critics accuse him of taking advantage of the legal system
.
enlargement spam that he received while working in marketing. He began filing lawsuits in small claims court in 2002, initially seeing the lawsuits as a hobby
. Balsam soon decided to make it his vocation and attended the University of California, Hastings College of the Law
, from which he graduated in 2008.
By the time he graduated from law school, Balsam had filed several dozen lawsuits. He files lawsuits based on the spam he receives at his e-mail addresses. He now makes enough money from court judgments to support himself full time. With the help of his attorney, Timothy Walton
, he has won judgments of $1,000 per e-mail. Because most spam messages do not identify the company sending the message, it is often difficult to identify the source. Balsam is frequently faced with fictitious business names registered to post office box
es. Balsam was once awarded a $1.125 million verdict against a pornography company that had sent him 1,125 e-mails. He was not able to collect the judgment, however, because the domain registrar Tucows
refused to identify the owner of the company that had sent the spam.
Most of Balsam's lawsuits are brought under California's anti-spam laws. Although many of his cases have been tried in small claims court
, he filed the first spam lawsuit that was brought to trial in California Superior Court
—Balsam v. Trancos Inc.—which is currently on appeal.
Among the companies that Balsam has sued in small claims court are Various Inc. dba Adult FriendFinder
, Tagged.com
, Deniro Marketing LLC dba AmateurMatch, and the Stockton Asparagus Festival.
, arguing that it is not tough enough on spammers. He also believes that the U.S. government is not doing enough to enforce laws against spam. While still in law school, Balsam helped draft a bill (AB 2950) sponsored by California State Assembly
man Jared Huffman
, which would have toughened California's anti-spam laws. The bill aimed to close what its proponents characterized as loopholes and tighten ambiguous language in Business & Professions Code 17529.5 to more clearly set forth what practices are unlawful, and to make it easier to bring lawsuits against deceptive spammers and spamvertisers. Although the bill passed the State Assembly, Governor Arnold Schwarzenegger
veto
ed it.
Balsam also has been sued by ValueClick, Inc., (twice) and Bloosky Interactive, LLC, for allegedly violating settlement confidentiality and/or non-disparagement agreements very shortly after entering into a settlement. Balsam maintains that these suits are retaliatory.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
best known for his lawsuits against e-mail spammers
Spam (electronic)
Spam is the use of electronic messaging systems to send unsolicited bulk messages indiscriminately...
for violations of internet spam laws. Balsam has been filing lawsuits against spammers since 2002 and has earned over $1 million in court judgments. By filing lawsuits, Balsam aims to publicize the names of the principals who are profiting from spam advertising. He aims to make spamming less profitable and to cause companies to reconsider their decision to market products through spam. Balsam describes his practice as "cleaning up the internet," although his critics accuse him of taking advantage of the legal system
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
.
Legal practice
Balsam decided to begin suing spammers after he became enraged by the volume of breastBreast
The breast is the upper ventral region of the torso of a primate, in left and right sides, which in a female contains the mammary gland that secretes milk used to feed infants.Both men and women develop breasts from the same embryological tissues...
enlargement spam that he received while working in marketing. He began filing lawsuits in small claims court in 2002, initially seeing the lawsuits as a hobby
Hobby
A hobby is a regular activity or interest that is undertaken for pleasure, typically done during one's leisure time.- Etymology :A hobby horse is a wooden or wickerwork toy made to be ridden just like a real horse...
. Balsam soon decided to make it his vocation and attended the University of California, Hastings College of the Law
University of California, Hastings College of the Law
University of California, Hastings College of the Law is a public law school in San Francisco, California, located in the Civic Center neighborhood....
, from which he graduated in 2008.
By the time he graduated from law school, Balsam had filed several dozen lawsuits. He files lawsuits based on the spam he receives at his e-mail addresses. He now makes enough money from court judgments to support himself full time. With the help of his attorney, Timothy Walton
Timothy Walton
Timothy Walton is a Californian attorney known for suing spammers. As a result of his work on the Ferguson case, a California Court of Appeal upheld the constitutionality of California's spam law....
, he has won judgments of $1,000 per e-mail. Because most spam messages do not identify the company sending the message, it is often difficult to identify the source. Balsam is frequently faced with fictitious business names registered to post office box
Post Office box
A post-office box or Post Office box is a uniquely addressable lockable box located on the premises of a post office station....
es. Balsam was once awarded a $1.125 million verdict against a pornography company that had sent him 1,125 e-mails. He was not able to collect the judgment, however, because the domain registrar Tucows
Tucows
Tucows was formed in Flint, Michigan, USA in 1993. It incorporated in Pennsylvania and headquartered in Toronto, Ontario, Canada...
refused to identify the owner of the company that had sent the spam.
Most of Balsam's lawsuits are brought under California's anti-spam laws. Although many of his cases have been tried in small claims court
Small claims court
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and the name by which such a court is known varies by jurisdiction; it may be known as a county or magistrate's court...
, he filed the first spam lawsuit that was brought to trial in California Superior Court
Superior Courts of California
The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency...
—Balsam v. Trancos Inc.—which is currently on appeal.
Among the companies that Balsam has sued in small claims court are Various Inc. dba Adult FriendFinder
Adult FriendFinder
Adult FriendFinder is an online sex and swinger personals community website. It allows members to meet new friends or sex partners.The site was founded by Andrew Conru. It claims to have over 30 million members...
, Tagged.com
Tagged.com
Tagged is a social networking site based in San Francisco, California, United States, founded in 2004. Tagged allows members to browse the profiles of other members, play games, and share tags and virtual gifts. Tagged says it has 100 million members. , Quantcast reports Tagged monthly unique...
, Deniro Marketing LLC dba AmateurMatch, and the Stockton Asparagus Festival.
Lobbying
Balsam has been critical of the CAN-SPAM ActCAN-SPAM Act of 2003
The CAN-SPAM Act of 2003 , signed into law by President George W. Bush on December 16, 2003, establishes the United States' first national standards for the sending of commercial e-mail and requires the Federal Trade Commission to enforce its provisions...
, arguing that it is not tough enough on spammers. He also believes that the U.S. government is not doing enough to enforce laws against spam. While still in law school, Balsam helped draft a bill (AB 2950) sponsored by California State Assembly
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
man Jared Huffman
Jared Huffman
Jared Huffman is the assemblyman for California's 6th State Assembly district, which includes all of Marin and southern Sonoma counties...
, which would have toughened California's anti-spam laws. The bill aimed to close what its proponents characterized as loopholes and tighten ambiguous language in Business & Professions Code 17529.5 to more clearly set forth what practices are unlawful, and to make it easier to bring lawsuits against deceptive spammers and spamvertisers. Although the bill passed the State Assembly, Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
ed it.
Opposition
Bennet Kelley, an internet lawyer whom Balsam has faced in court, has been vocally critical of Balsam's tactics.Balsam also has been sued by ValueClick, Inc., (twice) and Bloosky Interactive, LLC, for allegedly violating settlement confidentiality and/or non-disparagement agreements very shortly after entering into a settlement. Balsam maintains that these suits are retaliatory.