I'm currently being joejobbed, and want to sue the joejobber. Details:
I have real damages: the joejob causes me to receive fake bounces, which:
stop/delay my receipt of legitimate mail, since Gmail limits how much mail I can receive in a given period of time.
uses up my time to delete these bounces. Gmail catches many, but not all, joejob bounces.
I found the joejobber's IP address by looking at the bounces that include the header information of the message they received. Of course, not every bounce has this.
Right now, I just need the first step: do I file John Doe suit, do I subpoena the ISP, do most ISPs have a formal procedure here, etc.
I realize the joejobber's probably using a botnet of innocent people's computers, but I'd still like to proceed, since:
I can warn the affected people.
In theory, I could sue the affected people for negligence. I realize this won't go anywhere, but it'd be nice to explore the possibility that people have some legal requirement to protect their computers from being used harmfully by other parties.
EDIT: A joejob is when a spammer sends email spoofing your email address/domain. Among other things, it results in you getting bounces for email you never sent. http://en.wikipedia.org/wiki/Joejob