AOL Files Suit to Stop Unsolicited Adult E-mail in Bid to Fight Spam

America Online is trying to crack down on spam by suing a company that owns and operates pornographic Web sites, claiming the firm sends junk e-mail to its members.

The suit alleges that despite Cyber Entertainment Network’s no-spam policy, the company encourages Web masters to send unsolicited e-mail promoting its network of sites.

“The lawsuit . . . establishes liability for an adult Web site--that they are causing spam to be sent or are knowingly in a conspiracy with the spammers,” AOL spokesman Nicholas Graham said. “This makes them negligent in their no-spam policy.”

In addition to the company’s two owners, John Bennett and Joseph Elkind, the lawsuit names eight employees and 29 Web masters under contract to promote the sites. The suit was filed in U.S. District Court in Virginia late last month.

The lawsuit seeks an injunction against further spamming and damages, which could include $10 for each unsolicited e-mail or $25,000 for each day a message was transmitted. Representatives for Dulles, Va.-based AOL said they could not estimate how many unsolicited e-mail messages were transmitted.

Messages left for Elkind seeking comment were not returned.

Fort Lauderdale, Fla.-based Cyber Entertainment, legally known as Netvision Audiotext, publishes adult Web sites and online magazines and produces live, interactive adult entertainment, according to its Web site.

The company promotes its sites by authorizing other Web masters to send traffic its way in exchange for a commission on sales. Interested Web masters often set up promotional sites through free Web services and then try to lure new customers to their sites and ultimately onto Cyber Entertainment’s sites by sending sexually explicit e-mail.

But the company has a “zero-tolerance” spam policy, according to its Web site, “for unsolicited and/or unauthorized e-mail that terminates to any site on our network. Cyber Entertainment Network always enforces its right to cancel Web master participation in our programs.”

However, the complaint said, “the defendants have conspired with each Web master and others to engage in this unlawful conduct. In addition, the defendants . . . have violated common law by . . . hiring and retaining the defendants as advertising Web masters who they knew or should have known were sending illegal [unsolicited bulk e-mail] messages.”

The lawsuit is an attempt by AOL to deal with one of its biggest recurring headaches: spam. It is the top complaint from customers, and the complaints have reached 250,000 on a single day, the company said. Although this is a small percentage of the 166 million e-mails sent every day through AOL, company representatives said one unhappy message is one too many.

Other Internet companies also are trying to hold spammers accountable for their activities.

Last week, EBay said it would begin to crack down on members who send unsolicited e-mail to other members, in response to mounting complaints. The company said it would warn members who send unsolicited e-mail and take legal action.

In November, attempting to distance itself from a spam controversy, Internet service provider PSINet cut off service to an admitted sender of unsolicited commercial e-mail and pledged to amend its spam policy.

AOL has fought against junk e-mail since 1996. It has filed more than a dozen lawsuits and has won against online promoters such as Sanford Wallace’s Cyber Promotions.

AOL’s lawyers filed the suit under established statutes related to spam.

The complaint includes several counts against the defendants, including trespassing under Virginia state common law, violations of Virginia state law--which outlaws spam transmission--and breaches of federal trademark laws. AOL charges that some Web masters forged the company’s name in e-mail headers.