A joint owner of a corporate entity was not properly held individually liable for a multimillion dollar judgment under the Iowa anti-spam statute because there was no evidence that she initiated the sending of the spam e-mails in question, the U.S. Court of Appeals for the Eighth Circuit ruled. The court found that the statute imposes liability on a person who “uses an interactive computer service” to “initiate the sending” of spam e-mail, and that the owner's conduct did not fall within the plain meaning of the statutory terms “initate” and “send.” The court rejected the lower court's theory that the joint owner could be held liable under civil conspiracy or aiding and abetting theories because the statute does not create a civil cause of action for such conduct.
Kramer v. Perez, 2010 U.S. App. LEXIS 3324 (8th Cir. Feb. 19, 2010) Download PDF