They are facing 15 years in jail, as much as I hate spam 15 years is a murder sentence
http://www.usatoday.com/tech/news/2004-10-25-spam_x.htm
First felony spam trial begins in Virginia
By Jon Swartz, USA TODAY
The nation's first felony spam trial, which began Monday in a Virginia court, could be a watershed in the crusade against spam.
If successfully prosecuted, it could usher a series of indictments against spammers with operations in Virginia, the epicenter of Internet traffic and home to the country's toughest anti-spam law, legal experts say.
Jeremy Jaynes, Richard Rutowski and Jessica DeGroot are accused of pumping thousands of spam e-mails through false return e-mail addresses and false Internet routing information last year.
Jaynes, once rated one of the top 10 spammers by watchdog group Spamhaus Project, worked with his sister, DeGroot, and an accomplice, Rutowski, the criminal complaint alleges.
All three face up to 15 years in jail and fines of up to $10,000.
All three have pleaded not guilty.
David Deane, an attorney representing Jaynes, said the North Carolina resident was "acting within the law" and will be exonerated.
DeGroot's attorney, Tom Mulrine, says she is an employee of Jaynes' legitimate Internet marketing company.
Fourteen jurors were selected Monday.
Virginia officials are pressing their case because several Internet service providers, including No. 1 America Online, have e-mail servers in the state. About 80% of Internet traffic flows through Virginia.
AOL assisted in the investigation. Indictments were announced at AOL's headquarters in Virginia last year.
"If you send spam by fraudulent means through Virginia ? whether you live here or not ? you will be prosecuted," says Lisa Hicks-Thomas, senior assistant attorney general for Virginia. She says the state has indicted two people in another case, involving an operation in Texas.
The case is expected to deter some marketers from clogging computer in-boxes with billions of illegally sent e-mail messages, and offers a litmus test for Virginia's tough anti-spam law.
The federal law, which started Jan. 1, does not apply to the case and is considered watered down.
Virginia's anti-spam law is one of the nation's toughest, legal experts say. It prohibits falsifying information to mask a bulk mailer's identity. A violation becomes a felony if the volume of spam exceeds 10,000 messages in 24 hours, 100,000 in 30 days or 1 million in a year.
The federal Can-Spam law bars individuals and companies from disguising their identities and collecting e-mail addresses from the Web. Commercial messages must include opt-out options. It imposes fines of $250 per e-mail and includes a provision that lets states, such as Virginia, also pursue criminal charges against spammers.