First felony spam trial begins in Virginia- 15 Years Jail
 

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.

To be honest we should all really hope there is no jail time.

As much as I hate spam, 15 years is to much, I mean I can see it now...

"what are you in here for?"

"Spamming..... What about you...... "

"Murder"

15 years is pretty harsh.

we live in a culture of war, violence and prison...




truely sad but not shocking :/

juicy u better watchout with ur PENIS PILLS emails :P

That is horrible. Can't they just fine the bastards? No ones life is ruined by spam. All these CEO's and execs that have ripped people's retirement funds away that are walking around free. You could get much less time for manslaughter or murder 2 or 3.

I think these guys will be owned by AOL. Come on, it's in Virginia - AOL's back yard.

i agree. i nice big fine and community service should do the trick. maybe 2nd offense they would do some jail time.

no doubt, lack of reasoning

Seriously.... they are screwed. You guys should have got out by now

It's crazy to see webmasters from states proxy mailing now and what's more crazy is to see US based sponsors accepting such traffic. I've seen the numbers and I can tell you it doesn't worth the risk. There's the legal frame now where a big lawsuit against a couple sponsors is easier than ever.

thats fuckin lame. only idiots get spam now anyways. they should put idiots in jail for being such nubs ;)

harse

That's simply ridiculous.
Murderers and rapists often get out of jail in less time than that.
15 years.... for SPAM....!?
Fucking ridiculous.

So incredibly stupid. It should be a fine or something. Jail time? Jesus christ. 15 years? What the FUCK? Child molesters and rapists get lighter sentences than that. Absolutely fucked up.

it's about money not morals, get with it

also sets an example, if someone gets 15 years it scares others hearing the stories. Just unlucky if the courts want to make an example of you :(

pedophiles get like 7 years and down to 3 for the good behaviour

you americans are fucked up with your retarded laws

federal prison = no parole system

convicts are eligible for up to one month credit per year time served for 'good behavior'

most violent crimes are prosecuted at the state level and the perps get out with 3 to 1 time served

15 years is crazy, they wont get that, maybe will plead guilty and be sentenced to 5 years, which is still insane mind you

if there was no fraud involved, like phishing or carding and if this is a first offence, they may get less

for years and years we get spam in the regular mail, why is email so different I dont get

There is more to it.
You are comparing people who send you catalogs to people who forge the stamps that they send you the catalogs with .

because pizza coupons are better than penis pills? lol, I think this same thing daily while throwing my junk mail away

I invite you to come shift thru over 100 peices of bullshit mail i get a week, I do get your point thou.