Judge Orders Texas Company to Stop Outing Threats

October 29, 2004

ST. JOSEPH, MO — A judge has ordered a Texas company to stop sending email masquerading as freedom of information requests to Missouri schools after some administrators were threatened with outing.

The mass emails were sent by Abilene, Texas-based StarProse Corp. seeking information on school administrators, principals and teachers.

The e-mail messages appeared with the subject line, Open Records Request, but actually sought personal information. The emails threatened to list as gay anyone who does not respond to the information demand. The company said in the emails that the information was needed to help parents when choosing a school for their children.

Attorney General Jay Nixon went to court after a number of school officials complained.

Circuit Judge Bruce Colyer has permanently barred the company and its president, Jeffrey Kowalski, from sending e-mail requesting the sexual orientation of any school or government employees in Missouri. from school officials, such as their age, race, gender and sexual orientation.

The lawsuit accused StarProse of violating the state's anti-spam law, in part by using a misleading subject line. The judge's ruling also bars the company from sending e-mail or making threats under the guise of an open records request, and from publishing false information about school or public officials, Nixon said.

Schools in other states have also complained about the emails, but there may be little those states can do. Missouri has one of the toughest anti-spam laws in the country.