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-   -   DOJ OBSCENITY, 2257 & SPAM BUST (https://gfy.com/showthread.php?t=508579)

Connor 08-26-2005 02:36 PM

DOJ OBSCENITY, 2257 & SPAM BUST
 
Did you guys see this? First ever 2257 bust... and an obscenity bust, wrapped in a CAN-SPAM violation wrapper.

http://www.ynot.com/modules.php?op=m...cle &sid=9704

xxxjay 08-26-2005 02:38 PM

Interesting...

iBanker 08-26-2005 02:40 PM

Whoa 4567

Azlord 08-26-2005 02:40 PM

totally. but wasn't it spam and obscenity? Not as much as it's the 2257 shit?

DatingGold 08-26-2005 02:41 PM

crazy shit

BradShaw 08-26-2005 02:42 PM

This has little to do with 2257, so any comment from FSO is way off base.

Mako 08-26-2005 02:49 PM

Nothing to do with 2257 conner, wake up:

"According to the indictment, Clason, Kilbride, and Schaffer conspired to engage in sending spam ?for their own personal gain, benefit, profit and advantage.? America Online, Inc. received over 600,000 complaints between January 30, and June 9, 2004 from its users regarding spam allegedly sent by the defendants."

Gee, ya think that might be the real reason they got pegged?

jayeff 08-26-2005 02:51 PM

Quote:

Originally Posted by BradShaw
This has little to do with 2257, so any comment from FSO is way off base.

I think it's FSC? Although they keep such a low profile, maybe they changed their name and I just didn't notice...

Connor 08-26-2005 02:52 PM

It's the first ever federal 2257 charges, and you think it has NOTHING to do with 2257? Hmmm, interesting position. I hope it's okay with you if I disagree. ;)

After Shock Media 08-26-2005 02:53 PM

Quote:

Originally Posted by Connor
It's the first ever federal 2257 charges, and you think it has NOTHING to do with 2257? Hmmm, interesting position. I hope it's okay with you if I disagree. ;)

Yes they did not just toss the book at them, they picked up and threw the whole damn library.

Connor 08-26-2005 02:55 PM

Quote:

Originally Posted by After Shock Media
Yes they did not just toss the book at them, they picked up and threw the whole damn library.

It certainly seems that way. Charge-stacking is an effective means for obtaining plea deals.

mardigras 08-26-2005 03:02 PM

Quote:

The four counts in the indictment involving interstate transportation of obscene material stem from the transmission of ?hard-core pornographic images of adults engaged in explicit sexual conduct,? images which ?meet the Supreme Court?s test for adult obscenity,? according to the DOJ?s statement.
I'd sure like to see those pictures. They often vow to prosecute obscenity but refuse to publicly define it. It would at least be a starting barometer...

MrPinks 08-26-2005 03:23 PM

This is scary. I guess the stuff about content before June 2005 being safe is bullshit.

$5 submissions 08-26-2005 03:24 PM

Quote:

Originally Posted by After Shock Media
Yes they did not just toss the book at them, they picked up and threw the whole damn library.

That's a lot of books :winkwink:

After Shock Media 08-26-2005 03:25 PM

Quote:

Originally Posted by MrPinks
This is scary. I guess the stuff about content before June 2005 being safe is bullshit.

Do not know where you got the idea it was bullshit.
Could it be they sent hardcore material in the email and did not have a 2257 notice in that email? It would work that way afterall.

After Shock Media 08-26-2005 03:25 PM

Quote:

Originally Posted by mardigras
I'd sure like to see those pictures. They often vow to prosecute obscenity but refuse to publicly define it. It would at least be a starting barometer...

To sum it up, they know it when they see it.

Mako 08-26-2005 03:25 PM

Quote:

Originally Posted by MrPinks
This is scary. I guess the stuff about content before June 2005 being safe is bullshit.

No, it's not. Read before posting.

The "grandfather clause" is only a compromise suggestion at this point, it's EXPECTED to become a part of the final revision next month.

Until then, if you're not in the FSC, or not compliant with the NEW requirements (licenses, IDs, releases, etc as a primary producer) then you're in violation.

Cappice?

xxxjay 08-26-2005 05:34 PM

Quote:

Originally Posted by Connor
Did you guys see this? First ever 2257 bust... and an obscenity bust, wrapped in a CAN-SPAM violation wrapper.

http://www.ynot.com/modules.php?op=m...cle &sid=9704

That's cool that you have Q writing for you - he is one of the most intelligent and articulate guys in this biz - IMHO.

MrPinks 08-26-2005 05:35 PM

Quote:

Originally Posted by Mako
No, it's not. Read before posting.

The "grandfather clause" is only a compromise suggestion at this point, it's EXPECTED to become a part of the final revision next month.

Until then, if you're not in the FSC, or not compliant with the NEW requirements (licenses, IDs, releases, etc as a primary producer) then you're in violation.

Cappice?

Cappice :thumbsup

tony286 08-26-2005 05:36 PM

All these people with email addys for their 2257 or fake info (names ,adresses) this is a wake up call.

bigdog 08-26-2005 05:43 PM

i see why programs don't even bother even talking mail traffic too risky

Bill8 08-26-2005 06:18 PM

I think it's a good thing.

These bulkers and this email bullshit fuck up the whole industry. Grandma and Grampa America, joe blow citizens, are getting rightfully pissed at the crap in the email.

The 2257 thing is interesting, but it's typical for a bust like this, they throw the book, then drop the charges later.

I'd love to see a ton more bulkers get popped. You guys think you can hide, but the truth is no-one will be able to hide as info tech matures.

V_RocKs 08-26-2005 08:06 PM

Plenty of programs SAY they don't accept mailer traffic but often not only do, but are the spammers themselves...

More programs than you can count on fingers and toes...

VeriSexy 08-26-2005 09:18 PM

Quote:

Originally Posted by bigdog
i see why programs don't even bother even talking mail traffic too risky


They are greedy and willing to risk :winkwink:

nudecanada 08-26-2005 10:13 PM

Quote:

Originally Posted by After Shock Media
Do not know where you got the idea it was bullshit.
Could it be they sent hardcore material in the email and did not have a 2257 notice in that email? It would work that way afterall.

Bingo, first thing I thought. They embedded non-compliant images in the e-mail and could not produce 2257 records for it when asked.

baddog 08-26-2005 10:25 PM

Clason was merely an employee, she is getting screwed here . . . big time.

After Shock Media 08-26-2005 10:26 PM

Quote:

Originally Posted by baddog
Clason was merely an employee, she is getting screwed here . . . big time.

Well when the DOJ did talk 2257 they did toss in that heartstopping conspiracy word.

baddog 08-26-2005 10:30 PM

Quote:

Originally Posted by After Shock Media
Well when the DOJ did talk 2257 they did toss in that heartstopping conspiracy word.

Guess every employee of a major program had better pay heed then. You don't even have to know anything illegal is being done, because they will include you in the indictment . . . even if you don't work there any longer.

After Shock Media 08-26-2005 10:31 PM

Quote:

Originally Posted by baddog
Guess every employee of a major program had better pay heed then. You don't even have to know anything illegal is being done, because they will include you in the indictment . . . even if you don't work there any longer.

Isnt that how a conspiracy ussually works though?
No idea if they used it of course, but since I did see they were going after assets and such it kind of seemed that way.

TheGoldenChild 08-26-2005 11:33 PM

Quote:

Originally Posted by baddog
Guess every employee of a major program had better pay heed then. You don't even have to know anything illegal is being done, because they will include you in the indictment . . . even if you don't work there any longer.

BD- I don't know the girl in question, or at least I don't think I do- however how can you know 100% that this said person didn't have accounts in her name and got paid?

I know I have been wrong before about a lot of people I thought I knew pretty well...

Know this much Bad Dog , if the govt named her- she had some shit in her name, period.

Employees don't get named unless they are accessories- it's pretty rare.

The guy cleaning their bathroom would have been indicted as well if they were bringing in the hired help...

Loki 08-26-2005 11:34 PM

don't mean to call "bullshit" here, but after reading the entire writeup this had LITTLE to do with a 2257 arrest but more about SPAM, and obscenity. YES they were also brought up on charges reg 2257 (or the lack thereof) but how much would you like to bet if they had not had 200,000, let me repeate that lol 200,000 complaints about their spam, that they would have been found in the wrong reg 2257?

I know people will bitch about this post, but SO BE IT! it's not hard to take ONE PART of a ENTIRE story and 'spin' it in your own favor.

but fuck it what do I know? I'm a 3D toon sponsor lol

-Loki-

sltr 08-26-2005 11:35 PM

600,000 aol compliants

baddog 08-26-2005 11:41 PM

Quote:

Originally Posted by kBizzle
BD- I don't know the girl in question, or at least I don't think I do- however how can you know 100% that this said person didn't have accounts in her name and got paid?

I know I have been wrong before about a lot of people I thought I knew pretty well...

Know this much Bad Dog , if the govt named her- she had some shit in her name, period.

Employees don't get named unless they are accessories- it's pretty rare.

The guy cleaning their bathroom would have been indicted as well if they were bringing in the hired help...


I do know her, pretty well. After talking to her I am relatively confident that they just included her because she was on the payroll.

will76 08-26-2005 11:52 PM

This is bullshit, its like if you ran over someone with your car on purpose and they slap a no seat belt charge and a speeding charge to the murder charge. They then tell you, if convicted of murder you will spend 20+ years in jail but if you plea guilty to the no seat belt and speeding, then we will gve you probabtion and a fine.

It's BS they wouldn't have gone after them if not for the spam, this really doesn't have anything to do with 2257 other then taking advantage of the situation to try to get some precidence on the books.

OY 08-27-2005 12:06 AM

Quote:

Originally Posted by Mako
Nothing to do with 2257 conner, wake up:

"According to the indictment, Clason, Kilbride, and Schaffer conspired to engage in sending spam ?for their own personal gain, benefit, profit and advantage.? America Online, Inc. received over 600,000 complaints between January 30, and June 9, 2004 from its users regarding spam allegedly sent by the defendants."

Gee, ya think that might be the real reason they got pegged?

:ugone2far

marzzo 08-30-2005 11:03 AM

Quote:

Originally Posted by vdc-Loki
don't mean to call "bullshit" here, but after reading the entire writeup this had LITTLE to do with a 2257 arrest but more about SPAM, and obscenity. YES they were also brought up on charges reg 2257 (or the lack thereof) but how much would you like to bet if they had not had 200,000, let me repeate that lol 200,000 complaints about their spam, that they would have been found in the wrong reg 2257?

I know people will bitch about this post, but SO BE IT! it's not hard to take ONE PART of a ENTIRE story and 'spin' it in your own favor.

but fuck it what do I know? I'm a 3D toon sponsor lol

-Loki-

They got Al Capone on tax evasion, but that's not what he's famous for.

oh yeah, bump.

jimmyf 08-30-2005 01:33 PM

Quote:

Originally Posted by will76
This is bullshit, its like if you ran over someone with your car on purpose and they slap a no seat belt charge and a speeding charge to the murder charge. They then tell you, if convicted of murder you will spend 20+ years in jail but if you plea guilty to the no seat belt and speeding, then we will gve you probabtion and a fine.

It's BS they wouldn't have gone after them if not for the spam, this really doesn't have anything to do with 2257 other then taking advantage of the situation to try to get some precidence on the books.

I agree with you 100%. And you got's to be nuts to spam porn if you are in the USA.

i wouldn't even do opt-in.. I wouldn't want them 2 even look at my site's... Don't care how careful you are, bet they can find something wrong.

davidd 08-30-2005 01:41 PM

Quote:

Originally Posted by tony404
All these people with email addys for their 2257 or fake info (names ,adresses) this is a wake up call.

They were arrested for SPAM first and foremost, money laundering secondly, and they threw the 2257 to stack the indictment.

If you have any knowledge of the Federal Sentencing Guidelines, every little thing helps.

2257 penalties are zits on the ass of jail sentence, when compared to Money Laundering.

2257-Ben 08-30-2005 01:52 PM

Quote:

Originally Posted by Connor
Did you guys see this? First ever 2257 bust... and an obscenity bust, wrapped in a CAN-SPAM violation wrapper.

http://www.ynot.com/modules.php?op=m...cle &sid=9704

.... and unless Judge Miller renders a decision in the next 2 days, you're going to see a lot more 2257 inspections / arrests / prosecutions.

bigdog 08-30-2005 02:28 PM

Quote:

Originally Posted by 2257-Ben
.... and unless Judge Miller renders a decision in the next 2 days, you're going to see a lot more 2257 inspections / arrests / prosecutions.


i wonder who will the goverment try to go afer, the extreme sites or the teen sites where the girls look underage

sweetcuties 08-30-2005 02:31 PM

fuck spammers

baddog 08-30-2005 02:37 PM

Quote:

Originally Posted by kBizzle
BD- I don't know the girl in question, or at least I don't think I do- however how can you know 100% that this said person didn't have accounts in her name and got paid?

I know I have been wrong before about a lot of people I thought I knew pretty well...

Know this much Bad Dog , if the govt named her- she had some shit in her name, period.

Employees don't get named unless they are accessories- it's pretty rare.

The guy cleaning their bathroom would have been indicted as well if they were bringing in the hired help...


Well, as a little update, I spoke with my friend and she is in a much better frame of mind. Can't disclose details, but it appears she is going to slide.

Mr. Soul 08-30-2005 02:38 PM

600,000 complaints to AOL alone? Well, it's safe to say they'll be able to pay their lawyers.

Mr. Soul 08-30-2005 02:44 PM

Quote:

Originally Posted by V_RocKs
Plenty of programs SAY they don't accept mailer traffic but often not only do, but are the spammers themselves...

More programs than you can count on fingers and toes...


Almost everyone used to be, but more and more American based companies are shying away from mailer traffic. A lot of them are either sticklers about the cam spam rules now or they've completely stopped. I expected more to go offshore or up north after the Republicans kept power.

If you're inside the US it's actually pretty stupid to not follow the rules laid out in can spam.


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