Nine years in prison for sending spam!!!

[TN Todd]

Well I am sure most of you have heard about the recent case where a man from North Carolina was sentenced to nin years in prison for sending spam to AOL users.

Here's a link for thoses that haven't read about it.
http://www.usatoday.com/tech/news/2004-11-03-spam_x.htm

I would like to get you opinion on this issue.

Here's mine.

As much as I hate spam I think this is a total crock of crap.

First off, AOL is the worst spammer that has ever existed on the face of the earth. The difference is their spam arrives in my (snail) mail box and my tax dollars are required to dispose of these worthless cd's they continue to send me even though I have called them multiple times and asked to be removed from their mailing list.

Secondly, they are real criminal out there murdering, raping, robbing who recieve a fraction of this sentence.

Here is a perfect example from the same days news.
http://www.foxnews.com/story/0,2933,137524,00.html

A Pediatric doctor who was in posession of child pornography was given 9 months house arrest!

This freak was exploiting children and who knows what else he was doing and he gets to stay at home for 9 months!

I guess I am just to stupid to understand.

[John Glube]

A couple of comments:

* The Virginia law under which the defendants were charged makes it illegal to send unsolicited commercial email (UCE) with false headers, including committing email forgery.

Despite the press reports, this is not a case about spamming. Spam is sending unsolicited bulk email.

* Here, according to the press reports, the defendants sent UCE in bulk, on numerous occasions, each time forging the domains of third parties in the SMTP mail from to hide their identity.

In reality this is a form of email forgery committed on numerous occasions.

* The sentence of 9 years for the two defendants who were convicted was a recommendation made by the jury to the Court. Whether the judge follows this recommendation is a separate matter.

Based on the press reports, given sentencing will not take place until next year, the defendants are likely out on bail. At the same time, their lawyer's statement suggests we can anticipate an appeal.

As to comparing the potential sentence in this case to sentences in other cases, while there needs to be a comparative relationship, each case also has to be looked at based on the individual facts.

One takes into consideration the nature of the crime, the defendant, the victim (in this case according to the press report thousands of people), and a whole host of other factors.

There are potentially quite a few reasons why the jury made the sentencing recommendation it did in this case.

Perhaps what is most important about this case is that people beware.

Email is a vital mode of communication for the community at large. The public is no longer prepared to tolerate those who abuse the Internet. Those who use email forgery to send out unsolicited commercial email in bulk are harming thousands of people and should expect to go to jail if caught.

Some people may be shocked, but the societal cost of this form of behaviour is enormous.

The CAN SPAM Act of 2003 regulated the email industry. The federal law makes it a crime to send out commercial email with false headers. This means the person is committing email forgery, a form of identity theft or fraud.

In cases of this nature, the activity causes significant damage to other people's property on a mass scale.

The compliance rules for commercial emailers are not complex. Yet people persist in ignoring these rules out of greed and disrespect for others.

I have little time for the defendants. It is easy to carry out email marketing the right way.

By abusing others, individuals who carry out this specific form of activity, sending out UCE in bulk using email forgery techniques, cause significant harm to us all and deserve to be punished.

As to the sentence in this case it expresses the jurors outrage. AOL is a major employer in Virginia. I am not totally surprised given the maximum sentence. However I would need to know all of the facts before commenting more specifically.

John

John Glube
Toronto, Canada

[oragod]

Originally Posted by TN Todd

As much as I hate spam I think this is a total crock of crap.

Secondly, they are real criminal out there murdering, raping, robbing who recieve a fraction of this sentence.

I agree Todd..I think its a joke that he got 9 years...he definately deserved to get punished but not like that...give him a huge fine & ban him from using a computer and then concentrate on arresting real criminals

[designhelper]

I wish our mail system would get something in place so that you can reject span better. Like 'responsible Spamming systems', lol.

At least in my mail box outside my apartment "no - junkmail' and the postman makes sure I dont get an flyers etc. But even with a junk mail filter they creep in.

As for AOL itself. It is probably the WORST service provider ever and they basically bombard their users with useless ads and shameless self promotion. WHO on earth are they to compain about it? This is living proof that corporations really do have more rights than an individual.

[John Glube]

LOL, it seems the Canucks among us are more offended than our American breathern to the south.

However, before we launch into flight, folks may wish to read the following press report:

http://news.yahoo.com/news?tmpl=stor..._ge/spam_trial

* According to the prosecutors, it seems the defendants were using email forgery to peddle "snake oil."

* The evidence suggested the total revenues realized by the defendants for their illegal activities was 24 million US.

* The prosecutors in their sentencing submission to the jury asked for the maximum penalty allowable under Virginia of 15 years.

(The maximum sentence allowable under the CAN SPAM Act of 2003 for this kind of activity is 5 years, but the fines can reach into the millions).

* One of the underlying issues which remains unresolved was whether the Virginia court had jurisdication. It seems the trial judge decided to hear all the evidence before making a decision on this point.

Yes, I appreciate this is a test case and some may be upset that America Online was the instigator.

It is true that in the past AOL's stance on spam was problematic at best.

But here are some tidbits of information.

This spring, AOL was rejecting upwards of 3 billion messages daily as unwanted bulk email, viruses or trojans.

This fall, AOL has reduced this to 1.5 billion messages a day. Why? Spammers, hackers and crackers are learning, don't send your junk to AOL.

AOL has been quite honest about its efforts to block these folks from misusing their network.

http://postmaster.aol.com/guidelines/

In the meantime, AOL is strongly supporting efforts directed towards email authentication and accreditation.

Since last fall AOL has been testing SPF and most recently AOL spear headed the move to begin testing of other email protocols.

See for example the following announcement:
http://www.maawg.org/news/maawg041104

Also, in this vein at the recent North American Network Operators Group (NANOG)conference, AOL gave notice that the internet service provider community needs to clean up its act, or AOL will start blocking ISPs.

http://www.circleid.com/article/794_0_1_0_C/

Hey, and I don't use AOL and this is not a paid announcement.:-)

John

John Glube
Toronto, Canada

[virtual]

I don't know the details about this case specifically, but I just received a spam email from a company claiming to sell russion surface-to-air missiles and bombs... this is disturbing, but not as disturbing as the bottom of the email which offered booby traps inside things such as barbie dolls, cell phones, beer cans... This kind of spamming must be stopped at all costs! If I knew where to report this I would report this company myself to the authorities. It has to stop.

[Sanjo]

I think the government is trying to make an example of these guys. By the time they are to be punished they will probably serve 9 months and pay some hefty fines.

[mrsjordanjr]

Originally Posted by virtual

I don't know the details about this case specifically, but I just received a spam email from a company claiming to sell russion surface-to-air missiles and bombs... this is disturbing, but not as disturbing as the bottom of the email which offered booby traps inside things such as barbie dolls, cell phones, beer cans... This kind of spamming must be stopped at all costs! If I knew where to report this I would report this company myself to the authorities. It has to stop.

Report unsolicited commercial e-mail (spam), http://www.ftc.gov/

[John Glube]

I appreciate this case is old news, but for those who are interested, E-Commerce News published an article titled Prosecutor Explains Why Spammer Sent to Slammer which may explain why the jury in this case recommended a sentence of 9 years.

John Glube
Toronto, Canada

[LinkMaster]

Quote from the above-mentioned article:

During my opening statement, I explained to the jury that sending spam by itself is not a crime, but when you masquerade your identity, you violate Virginia's law that took effect in July 2003. Spammers run afoul of the law when they use another's IP or domain address without authority or create a fictitious IP or domain address.

There you have it. Spam is legal, but forgery and fraud is illegal. Maybe the title of this thread should be "Nine years in prison for committing fraud and forgery" instead of "Nine years in prison for sending spam"?

[mrsjordanjr]

Originally Posted by TN Todd

As much as I hate spam I think this is a total crock of crap.

First off, AOL is the worst spammer that has ever existed on the face of the earth. The difference is their spam arrives in my (snail) mail box and my tax dollars are required to dispose of these worthless cd's they continue to send me even though I have called them multiple times and asked to be removed from their mailing list.

Secondly, they are real criminal out there murdering, raping, robbing who recieve a fraction of this sentence.

That's why our justice system needs a COMPLETE overhaul! I agree with you totally.

[freehits]

Anyone want to wager who will be on the streets first, email guy or the enron Thieves?

One sends emails, the other walks with 400 Million and bankrupts thousands of families.

Id say theyll both get about 4-6 in reality.
But both wont have a tennis court in their prison, just one will.

[Atlantean]

Originally Posted by LinkMaster

There you have it. Spam is legal, but forgery and fraud is illegal. Maybe the title of this thread should be "Nine years in prison for committing fraud and forgery" instead of "Nine years in prison for sending spam"?

It should. Bu spam is more sensational and sensational is what the media wants.

The fact is, spam is NOT illegal. Just extremely distasteful. If the majority of those spammers would just read this forum (and other like it), they'd learn the skills they need to produce organic results rather than trying to shove their product down our throats.

[freetraff]

And I liked the part where AOL engineer sold 92 million AOL screen names. The funniest thing is that someone paid money for it.

Ignorance is a bless.

[celc01]

I can not believe he went to jail for that. That is the craziest thing I have ever heard. There are far worst people out in the streets that need to be put in jail.

[incrediblehelp]

Look I hate spammers, but come on. Prison for this stuff is not even close to being normal. We have plenty of criminals doing far worse than spamming out there that need to be locked up before this guy was. Our justice system is so inconsistent in this country, it is scary. Life is based on situational events and this guy got the short end of the stick here. At the same time, in another state, some piece of shit pedophile was probably given probation.

[bigd11]

The gov. needs to put it priorties we they are needed most! But if you are stupid enough to do something that you know is wrong .Then you deserve to go to jail!!
Ignorance may be bless but it is a huge down fall!Yes, they are wasting their time with moroons .When they need to focus on America's drug problems and people who intently causing people to go down the tiolet!

[Webnauts]

Originally Posted by bigd11

The gov. needs to put it priorties we they are needed most! But if you are stupid enough to do something that you know is wrong .Then you deserve to go to jail!!
Ignorance may be bless but it is a huge down fall!Yes, they are wasting their time with moroons .When they need to focus on America's drug problems and people who intently causing people to go down the tiolet!

And it would be a good idea to update your spammy signature too, which make you and your services less credible to potential customers here at WPW.