Fighting internet abuse: things you can do
Minor network penetration attempts fall well beneath the threshold of viable lawsuits. Massive DoS attacks that bring down commerce servers for several days are a different story, But portscans, SubSeven Trojans, BackOrifice attacks and the like are not enough to show actual damage, other than a small amount of abused bandwidth.
The same goes for spam. While there are organizations - like The SpamCon Foundation - that promote methods to fight spam, users are, by and large, left to their own devices, short of filing a lawsuit against a spammer.
Certain states have passed laws that let you sue for each piece of spam received, if your mail server happens to reside in that state. But legislation likely will never prevent spammers from finding and exploiting open mail relays.
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