EarthLink (NASDAQ:ELNK), one of the nation's leading Internet service providers, today received a $16.4 million judgment against a Buffalo, New York spammer who sent more than 825 million illegal spam emails since March 2002.

U.S. District Court Judge Thomas W. Thrash Jr. granted EarthLink's requests for monetary damages and injunctive relief, a ruling that prevents Howard Carmack, aka the "Buffalo Spammer," from ever again illegally spamming any Internet user, regardless of the user's ISP. In addition, the court's order also empowers private individuals and other ISPs to bring legal action against Carmack as third-party beneficiaries of the injunction, and specifies liquidated damages that will apply in such cases.

"Obtaining a judgment against a spammer like Carmack benefits all Internet users, and the judge's decision today is a significant victory against spam," said Karen Cashion, assistant general counsel for EarthLink.

At today's hearing, EarthLink alleged that Howard Carmack, aka the "Buffalo Spammer," and his accomplices had used stolen credit cards, identity theft, banking fraud and other illegal activities to fraudulently purchase hundreds of Internet accounts and send out unsolicited, commercial emails. According to EarthLink's motion, Carmack's spam included advertisements for computer virus scripts, "work at home" and get rich quick schemes, bulk email software and lists to be used by other spammers, and cable TV descramblers.

The Carmack case is the latest example of EarthLink using state and federal laws to take legal action against spammers who illegally abuse the Internet. In 1997, EarthLink obtained an injunction against Sanford Wallace, the most prolific spammer of his time, followed by a $2 million judgment against Wallace's company, Cyber Promotions, in 1998. Last year, in what is believed to be the one of the largest victories against a spammer, EarthLink received a $25 million judgment against K.C. Smith, shutting down an operation that generated more than 1 billion unwanted emails on the Internet.

About EarthLink

EarthLink is the Internet service provider (ISP) solution for an impatient world. Headquartered in Atlanta, EarthLink has earned a national reputation for outstanding customer service and its suite of online products and services. According to J.D. Power and Associates, EarthLink is ranked Highest in Customer Satisfaction among Dial-Up ISPs and tied in the ranking for Highest Customer Satisfaction Among High-Speed ISPs. Serving approximately five million subscribers, EarthLink offers what every user should expect from their Internet experience: high-quality connectivity, minimal drop-offs and ISP-generated intrusions, and customizable features. Whether it's dial-up, high-speed, Web hosting, or wireless Internet service, EarthLink provides the tools that best let individuals use and enjoy the Internet on their own terms. Learn more about EarthLink through its Core Values and Beliefs (http://www.earthlink.net/about/ourvalues/cvb/index.html) or by calling (800) EARTHLINK and visiting EarthLink's Web site at www.earthlink.net.