15 September 2005

Spyware Claim in Illinois

I am grateful to Ms Suzi Turner of ZDNet for attracting my attention to the class action that has been issued out of the US District Court for the Northern District of Illinois (Eastern Division) by Logan Simios and others against 180 Solutions Inc and 180 persons unknown (John Does 1 to 100). There is a link to the complaint from Ms Turner's article.

To an English lawyer the complaint is a curious document. It's nothing like our particulars of claim. The only thing that I have ever seen in my professional career that comes close is a Scottish pleading though mercifully the Americans don't spice it up with lots of "esto" and other dog Latin the way the Scots do. I seem to remember that the Scots stick the defendant (sorry "defender's" pleading) alongside the claimant's (I mean "pursuer") in a confusing mass of verbiage that makes me think of haggis.

Getting back to the Spyware case the claims against the defendant are alarming: computer fraud and abuse, breaches of federal electronic communications privacy and wiretap legislation, trespass to goods, consumer fraud, negligence, computer tampering and invasion of privacy. I'll follow this case and keep everyone posted.

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