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Virginia Arrests Man For Spamming
volpe writes "According to this Yahoo news story, Virginia arrested a North Carolina man for spamming in violation of a new state law. He was arrested Thursday afternoon in Raleigh, NC. The story is pretty fresh, so the news details are still pretty thin."
I demand a spear through the heart! (Delivered by a bare breasted maiden, of course.)
sulli
RTFJ.
This spam problem is getting out of control, I am glad that some one is trying, but the problem is that the spammers will probably move out of the country.
Although based in North Carolina, Virginia is asserting jurisdiction over Jaynes because he sent messages through computers located in the state.
Roughly 50 percent of the world's Internet traffic passes through Virginia, home to big Internet companies like Time Warner Inc.'s (NYSE:TWX - news) American Online unit and MCI (Other OTC:WCOEQ - news).
I like this new so called 'state' law.
Prosecutor: Your spam is illegal. You'll be prosecuted in all 50 states and more on different state crimes since your email traveled through all 50 states.
Hmm .. on second thought .. this might not be such a good thing for people
who actually send emails.
Prosecutor: Your email allows us to prosecute u at least 50 times minimum.
Kilgore was later heard to say, "I love the smell of spam in the morning!".
Haha! Well, looks like theres one less moron sending viagra discounts to me.
The Yasashii Syndicate ||
Score one for the good guys (who have small penises).
The usual "this" link is missing...
I like to fry my spam up with some eggs and toast.
There's an interesting stat about Virginia, and why their anti-spam law seems to be more important than other states laws. 50% of internet traffic flows through the state, thanks to MCI and AOL being headquartered there.
They are right in saying that spam is harming these companies in their state and, strangely enough, have at least tried to do the right thing.
He will inevitably drop the soap and have to bend over to pick it up.
I hope his inmates didn't buy any of his C0mp.le.tely 100 % N.a.T.u.R.a.L. MEN Enhancement!1!1!!!
He could get several years in prison. That'll teach them spammers. I do hope he was a spammer, not an innocent idiot.
Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
...for doing something that they won't legally be able to do in just 2 weeks.
...there is a Santa Claus! And he listens to Geeks!
YEEEEEEEEES!
Twenties Retirement
I think it's great that something is being done about spamming, though I don't think it's a criminal but a civil offense.
The article mentioned that 50% of internet traffic flows through the state of Va. Given these new laws, it sounds to me like a good place to setup a honeypot farm. Imagine a beowulf cluster of honeypots... :-)
"No matter where you go, there you are." -- Buckaroo Banzai
In case they let him go free, we should be there to lynch him!
Don't forget pitchforks and torches!
Although based in North Carolina, Virginia is asserting jurisdiction over Jaynes because he sent messages through computers located in the state.
So does this mean that any spam passing through any of VA's pipe or VA is liable to be punished?
Or did he send spam to someone at VA? The article is not very clear on that, but it seems likely.
But if its merely because it passed through VA, then whoa! Infinite coolness.
From the article:
"Although based in North Carolina, Virginia is asserting jurisdiction over Jaynes because he sent messages through computers located in the state.
Roughly 50 percent of the world's Internet traffic passes through Virginia, home to big Internet companies like Time Warner Inc.'s (NYSE:TWX - news) American Online unit and MCI (Other OTC:WCOEQ - news)."
So that means he can be charged in federal court, too, since his crime involves multiple states, doesn't it? Or does it have to be shown that his email crossed into multiple states in order to take it to federal court? I would like to see more spammers be tried in federal court because the financial penalties are more significant and injurous than in many states. I would think a case could be made for the intent to damage people in multiple states just by accessing Virginia given its backbone status.
Of course, having a spammer charged in multiple states would be fine, too, just as long as it sticks and he pays for his crime in a way that deters him and others like him (I know, small chance of that).
- tokengeekgrrl
officials were in negotiations for the surrender of a second man...
They're negotiating a surrender? Sounds like something I'd see on prime time USA, with a SWAT team and about fifty riflemen with guns trained on a panoramic storefront window. The retard must be shitting in his pants about now...
Come out slowly, with your email headers unforged!
Maybe if we executed him...publicly...
Unlike the poster, I bet.
You have posted the first 'spammers should be killed ' post to this story. Congrats!
I know we all hate and despise spam, but doesn't a possible 20 years in the clink sound a bit excessive?
Seems to me that the punishment should fit the crime - in this case, economic penalties (aka, "big fat fines"), and mandatory loss of Internet access would be more appropriate.
I think the quote about spam being a major threat to the stability of the internet is taking it a little far. It might be more than a minor annoyance, but I don't think it's actually going to cause major outages/delays in service. All the traffic genrated by one one spam message is less than the amount it generally takes to display 1 web page...
Spam is a problem, but it's not going to bring the internet to its knees anytime soon...
Doesn't Virginia have long history of lynching?
I'm just waiting for the follow up story on how it was a worm on his computer sending out the spam and he had no idea.
I'd be pissed if my mom got arrested under this law because she didn't have her computer patched and got some spam-worm.
-Steve
$7.95/mo, 200 GB disk, 2TBxfer, MySQL, PHP, RoR.
Our Jail Systems are definately overcrowded, and to alleviate the problem some violent criminals are getting released early, too early.
This law will just compound the problem. Does sending spam justify PRISON TIME, i don't think so. They should just put them under house arrest or major community services AND revoke all internet access.
Let the punishment fit the crime.
But why is the rum gone?
Although [Jaynes is] based in North Carolina, Virginia is asserting jurisdiction over Jaynes because he sent messages through computers located in the state.
Yeah, him and most everyone else on the east coast. Sounds like a pretty large jurisdiction to me.
GROGGS: alive and well and living in
The first two spammers are getting finger printed and photographed...meanwhile the spam is still flowing into my inbox unchecked.
I'll break out the bottle of cheer when the last two spammers are arrested!
This guy is listed on spamhaus.
http://www.wtop.com/?sid=150989&nid=25
You can't be prosecuted more than once for the same act, regardless of how many states claim jurisdiction.
paintball
you'll end up with a beowulf cluster of bears.
of course, then you can have this conversation
You:"Look at that shit"
friend:"Pooh..the bears name is Pooh."
The Kruger Dunning explains most post on
What a cool state. When someone sends them spam, the entire state gets up, walks over to a whole different state, and grabs and drags the spammer back, kicking and screaming.
Comment removed based on user account deletion
Considering the amount of time I need to waste
going through spam to get to non-spam, and the
occasional real mail I delete by mistake, I say
it's about time something concrete is done.
The public and lawmakers need to realize that
spammers are thieves: their activities cause
people to lose time and money that otherwise
would be used for productive and gainful purposes.
Thievery must be illegal in ALL forms.
The man arrested, Jeremy Jaynes (aka Gaven Stubberfield, and Jeremy James), was listed as the worlds 8th worst spammer on http://www.spamhaus.org/index.lasso. Spamhaus is a site that tracks the activity of spammers around the world. It also lists USA,China,And South Korea as the worst spamming countries.
We've really come a long way down the road of freedom when somebody can get arrested for sending *email*. I guess it goes along with people being arrested for downloading *pictures*, *music*, and *writing*!
Hope you're getting the Internet you always wanted.
_khl
I don't know, I might be crazy. When I first looked at the topic of this story, I read it as 'Viagra Arrests Man For Spamming'.
RaGe
We're all just noise on the wires..
Now, just a few more of these, please. At this point the focus should be on those who write spamware and spamming and DDoSing viruses.
What do you mean no death penalty option?
-- Stanislav Shalunov
>
> They're negotiating a surrender? Sounds like something I'd see on prime time USA, with SWAT team and about fifty riflemen with guns trained on a panoramic storefront window. The retard must be shitting in his pants about now...
>
>Come out slowly, with your email headers unforged!
"Slowly" is not the proper way for a spammer to surrender to law enforcement.
To the "second man[sic -- not a human, actually a spammer]" whose surrender is "under negotation", please disregard the poster's advice.
ATTENTION SPAMMERS: Did you know that if you take a toy gun, and paint over the little fluorescent ring on the end with black paint, or if you dip a water gun in black paint, or if you just carve a potato into the shape of a gun and apply black shoe polish, your surrender can be negotiated much more quickly and efficiently.
Simply opt in to any one of these three easy options, and then run directly towards law enforcement officers while holding your black-colored gun-shaped object. For additional efficiency, scream as loud as you possibly can that you have "just one more free offer to send out" while running towards aforementioned law enforcement officers.
This public service announcement on proper surrender techniques for spammers has been brought to you by the approximately one billion email users of Planet Earth.
There were more details in this article where the laws they allegedly broke are described. Evidently penalties are up to five years prison and $2500 fines for sending 10,000 messages in 24 hours or 100,000 messages in 30 days.
there is one, and it's headquartered in VA.
I hope that the SPAM either originated or was delivered in Virginia (though possibly by zombie machines in Virginia), because you have no control over where something is being routed.
It'd be a very sticky situation if you had to ensure that whatever you did was legal through every jurisdiction that traffic went through. So the line was down and it got routed over Virginia *this week*. Oh fun, new legal statutes to adhere too, wii..
Kjella
Live today, because you never know what tomorrow brings
If someone did as much damage to the phone system as spammers are doing to email, they would be labeled terrorists and imprisoned/executed.
ok, I know many people here would like to lynch these spammers. But 20 years in jail?
I think most murderers and rapists get less time than that. Aren't we getting a little carried away here?
Information: "I want to be anthropomorphized"
Just post once and yer hit.
They have about 200 other persons/companies listed there. I would think it's easier to track and shut down the companies listed there, as they would have a larger paper trail than individual spammers.
On a side note, I have *never* been bothered by spam on the 2 main accounts I use (except an occasional mail or two). And it's not like my former school/current workplace use any significant anti-spam tools. I guess it's just a matter of giving out your email addresses wisely, and using a couple of honeypot addresses for less important work.
An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
I've been following the spam issue for a while now and been looking at options for controling or blocking spam. I haven't been to pleased with the functionality of black lists, or spam filters simply because you have to get the spam first before you can begin filtering it. I also don't like missing e-mails because someone had the wrong words in the subject line. One program I've looked into though is Choice Mail by digiportal. Have any of you used this program before? I believe it sounds like a good way to keep the spam out of your inbox all together, but having never taken the time to review it myself, I'm still a bit skeptic. Let me know what you think, and what works for you.
Make something ID10T proof, you'll make a better ID10T.
Also available at Wash Post
'coz when the federal CAN-SPAM law goes into effect, state laws like this will be overruled by the ridiculous federal law.
Not being a US law scholar, can someone tellme how/why the feds outlaw state laws?
Acquited in California state courts, then prosecuted by the Feds.
yes it was
Strikes me as being a bit harsh. I hate spam as much as the next person but the US legal system seems to go over the top in (especially) cyber sentences.
Accidently sending a malformed request to a web server could land you in the clink for years!
Send a spam criminal away for 5 years and I doubt he will do it again.
Next we'll be watching our back for sending 'wall' messages on at budding unix systems.
It appears, based on the article, that this was the product of work by Republican Attorney General Jerry Kilgore. I'm pleased that he's enforcing the law, but by way of background, I should point out why he's choosing to enforce this particular law at this particular time.
Our governor, Mark Warner, is a millionaire hundreds of times over, having made his fortune in tech in Northern Virginia. He got elected on the strength of his business and tech expertise. His term is up in two years, and, under Virginia law, he can't run for reelection. So the race is on between Lieutenant Governor Tim Kaine and Attorney General Jerry Kilgore, the presumed Democratic and Republican nominees.
As is often the case with vice-anythings, Kaine is forced to live under the shadow of Gov. Warner for the time being, while Kilgore is under the shadow of nobody. Kilgore tends to spend most of his time ensuring that people aren't having sex (he's working to keep Virginia's ridiculous bedroom laws on the books; sex outside of marriage is illegal, oral sex is illegal, homosexuality is illegal, etc.) and attempting to keep from getting indicted for his role in the recent Republican wiretapping scandal, something that has just been revealed in the past week.
So, Kilgore gets a twofer with this prosecution. Not only is this yet another thing that he can tout on the campaign trail ("Kaine? Tech? Hell, I brought two spammers back from Carolina, hog-tied and all!"), but he's no doubt hoping that this will overshadow, at least for a few precious days, some of the accusations against him for wiretapping charges.
Again, I'm glad to see this law enforced. Virginia's law is badly-written, in the sense that it must be enforced by Commonwealth's Attorneys, and few of them have the slightest concept of how to or desire to do so. It's good that our Attorney General is willing to take the lead in cracking down.
-Waldo Jaquith
Time Warner, AOL, MCI? How about the CIA, Langley, Virginia...Doesn't all Internet traffic flow through there?
Make something ID10T proof, you'll make a better ID10T.
I know this isn't going to be a popular opinion with many people but, whether you like it or not, it's the sane opinion.
I hate spam as much as the next guy. Spam is like being harassed by a horsefly when you just want to sit in the boat and go fishing. Spam is a terrible nuisance. That said I don't want to see this guy go to prison unless he was spamming for unsavory things like ridiculously immoral pr0n or predatory pyramid schemes. I just want him, and other people like him, to STOP SENDING SPAM.
At the same time I realize that while it would be nice to let the punishment fit the crime that's not the way our judicial system works. There are no alternative punishments like ensuring that this guy can't own a computer or be associated with marketing organizations. It would be impossible to prevent him from somehow getting back into the same business of spamming people to make money. Our judicial system provides for parole but, unless someone's watching this guy 24-7-365, he'll always be able to get back into the spam market. Aside from a horribly expensive parole system the only thing that we can do with spammers is put them in prison and hope that they don't start running spam rings from the inside (movie: Blood in Blood out).
I just don't know where it all goes anymore.
+++ATHZ 99:5:80
That's also where Kevin Mitnick was taken down. Moral: if you're gonna do stupid stuff with computers, go somewhere else.
Just send them a blank reply e-mail, or unsubscribe in the body of the message, and you''ll get no more.
Um...dude...that dude is a dude.
The story is pretty fresh, so the news details are still pretty thin
Details? Who needs details! This is Slashdot, just give us a quick blurb and we'll open up the rampant speculation.
Details...Ha!
Thanks.
"Would it kill you to put down the toilet seat?" -- Maya Angelou
but wonder why it hasn't affected me yet...i guess that's because i use 4 different tiers of email addresses (roughly as follows):
1. official
2. friends/relatives
3. acquaintances
4. honeypots
okay...so it has affected me, since i had to resort to this scheme, but it's just that i get less (or no) spam on the most important email addresses.
if you ever get spam, you are so not 1337. wait... if you're reading this then you are so not 1337.
Spam has grown from a minor annoyance to a major threat to the stability of the Internet, experts say, and now makes up more than half of all e-mail traffic, according to several surveys.
JUST RELEASED:
Another 3/8th of the spam is said to come from poorly managed exchange servers that have yet to be patched against the latest viral strain.
"Just Smile and Nod." --Huck
The popularity of this news story has just out-weighed various world news issues. Not yet listed as a "Top Story" with many news organizations, this story is hitting with fast and popular approval.
This above all other factors should show Congress and the Senate where the people's opinion about Spam Law resides. Any legislator who sides with "marketers" will find their job in jeopardy.
Americans care MORE about their email than they care about rebuilding Iraq. Listen up Congress and Senate!!
This is a GREAT OPPORTUNITY for Virginia to step in and declare itself KING OF THE INTARWEB.
If your CRAP passes through OUR SERVERS, we will HAMMER YOUR ASS into the GROUND!
Rather than 1-5 yearsa prison, why not 10-50 lashes with a frayed floppy cable, all via live webcast.
"Talk minus action equals nothing" - Joey Shithead, D.O.A.
"Talk minus action equals
Ok, so if he sends out one million spam messages, and gets the minimum sentence, then he's going to do one million years behind bars!
He should count his blessings.. It could have been life!
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Releasing him, but the Smoking Gun gets his arrest report. Nothing worse that 10,000 nerds carrying a grudge for the rest of your life. You might as well just drop out of society completely.
the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff
as of today it is illegal to send spam e-mail messages from any country ALL over the EU! now why dosnt the united states make a simmelar US wide criminal law too??? ruther than just leaving it up to the state authoritys???
Your email travels through lots of routers in lots states during it's delivery. So who gets to prosecute? The state with the most stringent anti-spam measures, I would assume. But making this sort of distinction sets precedence for things OTHER than spam: for example decency/access laws w.r.t. adult materials.
And at some point in the future, this may extend to deciding who gets to levy state taxes on an electronic purchase. Buyer's state? Business's state? Location of the webserver? Warehosue? They may point to this case and say: in the course of an Interstate transaction, computers critical to the transaction completing in XYZ state are enabling commerce, and thus the transaction is subject to XYZ state's tax laws.
Once you start recognizing the computers in-between the end points of a transaction, you open yourself up to all sorts of state legislation designed to take advantage of internet traffic.
This may be a little premature an assessment, however, because the article doesn't say whether or not the spammer spammed AOL customers, in which case it's a direct offense on a business located in VA... this does not set precedence because if that were the case, AOL would be the endpoint of the spamming (regardless of whether the spammee is in another state as well, having yet to download it). For all we know, the filters caught the spam, it never reached the customers, and AOL reported it to the police.
THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
-- (Paraphrased Clark Griswald from "Christmas Vacation")
Now, the question is, "Do they deliver?"
But why is the rum gone?
Like these guy's suing Pfizer the maker of Viagra.
Help fight continental drift.
No. These people are killing email, pissing off most of America, and costing Internet providers millions. In my most hippie, tree-hugging, vegan way, I say let these people rot inside a small filthy cell.
After all, America has plenty of other unjust laws that send nonviolent types away for long stretches. Perhaps authorities can let out the college students doing mandatory minimum type sentences for LSD possession, and use those freed up cell blocks to house spammers.
Thanks to clowns like Meese, Bennett, and Ashcroft, our federal laws are already insane for certain harmless drug-related offenses. Why should spammers get a break?
Wrong, she's a goddess!
the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff
Don't you serve anything without spam in it?
A stoning! There's going to be a stoning tonight! (said in shrill tones)
Are there any women here?
No, no, no. (said in gruff tones)
This guy should be stoned, then drawn and quartered, keelhauled, and tarred and feathered... In no particular order.
"No matter where you go, there you are." -- Buckaroo Banzai
The CAN Spam Law gave an unintended meaning to the word "CAN". Kilgore may have to find something else to do.
correct me if I'm wrong, but... aren't those prisons in US owned by private companies?
1. invent "crimes"
2. make lawmakers create a law against "criminals"
3...
4. profit???
and I would like to see all the REAL spammers, who set up huuuge billboards advertising various crap along the roads worldwide IN JAIL - what about that? it's spamming as well...
and I don't give a damn if someone mods me as flamebait - who the heck cares?
Well, this is good news for Michael Jackson. Once a few more spammers show up behind bars, child molesters won't be at the lowest level on the prison pecking order...
With hundreds of laws in multiple states/countries, what is the easiest way to find out what is legal in all of them and what is not legal. It would seem to me that some large mailing lists (like slashdot's mailing list) could easily exceed 10000 emails in 24 hours. What is the best way to play it safe without having to read 50+ laws?
So then we Jews just have to keep going through logfiles?
Finally, someone lower in the prisoner pecking order than rapists and child molesters!
I don't think your mother would appreciate you referring to her as an object.
I hope his inmates didn't buy any of his C0mp.le.tely 100 % N.a.T.u.R.a.L. MEN Enhancement!1!1!!!
I hope they DID buy some of it AND that it actually worked.
I hope that this really happens to spammers.
Lets start with castration, a 1 year prison after that should suffice.
Are you really SURE that you want a legal solution to a technological problem?
Remember, most laws tell you what you CANNOT do...not what you CAN.
All we have to do is get another law passed...
That should be illegal...
Instead of doing what most people do and get Uncle Sam (or your own national mascot) to try to solve their problems...Go around your own neighborhood and offer to secure computer systems...patch your neighbor's/family's/friend's computers...War-drive and offer to close up open WAPs... Do it for free...Make a little money...Just get the power (and responsibility) back into the individual's hands, not the Governments.
I'm happy to live in the city that snatched this asshole. Unfortunately, the federal Can Spam act is going to make many individual spam laws null and void, and replace it with a bad and worthless federal law. If tech people thought congress was capable of making a problem worse, they will certainly see it with spam. When the Can Spam law goes into effect, the spam problem will probably get much worse, unfortunately.
What's his e-mail address?
- Protesting about his First Amendment Rights being squashed
- Abused as a child
- Private conversations were taped without his permission
- Roughed up when arrested
- Evidence was planted
- Friends and family all claim he is 'a really nice guy'
Did I miss anything?
Possible ways he could have been charged.
He was sending Spam from systems in VA (illegally)
His servers are located in VA.
The Spam was sent to computers in VA.
His Spam passed through systems in VA.
His business was located in VA.
The article does not state what he was doing, so until then it's still questionable
TruePunk | Games
take all there assets, and give them to the local school.
Then make the guy spend weekend cleaning up parks for a year.
Much more resonable for the crime, and it costs the tax payers lee money.
The Kruger Dunning explains most post on
well in my state, its illegal tp post under an assumed name, so now my DA will go to your state, and drag your ass back here.
:)
My name is Waldo Jaquith. Unless your legal name is "geekoid," I'd say you're the one with trouble.
-Waldo Jaquith
Ask Kevin Mitnick what the judicial system can do about making the penalty fit the crime. Not only was he imprisoned, but they also have kept him from owning or even using a computer!
I disagree with the Feds reasons for prosecuting (read as persecuting) Kevin, but if someone really wants to make an example of these spammers there is a very ugly precedent already in place.
Seppuku: Your solution to my problems!
It has veto over your "reality"
Does Virginia have the death penalty?
every day http://en.wikipedia.org/wiki/Special:Random
RTFA
The state law makes spam criminal in Virginia if any part of the spam transactions occur in any Virginia locality. Kilgore said the spam in these two cases was sent "through servers located in Virginia."
Yes, the traffic only went through Virginia servers. The sender was in North Carolina, the recipients somewhere else. But this is a good thing. If spammers have to adhere to every law, then it gives them lots of problems...
Course, it'll be a moot point when the federal bill comes into play....
I don't see what's so threatening about looking like Marlon Brando.
"Believe me!" -- Donald Trump
How does he enforce this?
I dunno. Ask this poor bastard.
-Waldo Jaquith
I hate Spam but... damn!
Why not cut peoples feet off for speeding?
Why not gouge out their eyes if they "peek" thought the neighbors window?
Why not burn down a house if you're late on a mortgage payment?
www.thejulingtoncreekplantaion.com
I don't think it is that simple. What about the old legal puzzle where a person in state A fires his rifle and kills a person in state B? Did the shooter commit a crime in state B and is he subject to their jurisdiction? You can come under a state's legal jurisdiction without having to physically be in that state. There are also state laws with "long arm" provisions that can be used to prosecute out-of-state residents.
Mea navis aericumbens anguillis abundat
How could we be more open? We're as open as the ass on the goatse.cx guy!
Burn him! Buuurnnn Him!
(c.f. Firesign Theater)
.... sending spam through a hacked machine will cause the owner to be jailed!!!! I saw on TV how the cops raided a high school at gunpoint arresting everyone in sight, what next, kicking some guy's door in because his Outlook Express send out spam during a virus outbreak? Ultimately, using Windows could very well send you to jail!!! ROTFLMAO!!!!
"Simply opt in to any one of these three easy options, and then run directly towards law enforcement officers while holding your black-colored gun-shaped object."
More appropriate:
"We have sent you this replica assault rifle with a 30-day money back gaurantee. Should you keep your replica assault rifle, we will automatically continue your replica assault rifle subscription and another rifle will be sent to you each month.
"Should you not want this specacularly realistic replica assault rifle or any other replica assault rifles from us in the future, you may opt-out of our replica assault rifle deliveries by simply calling the police to your house and carrying the replica assault rifle to them. You may receive a message stating that you are not certified to possess an assault rifle and to stop immediately, but you can ignore this message as it is merely a problem with your local police department's ability to recognize a top-quality replica like ours. This problem will resolve itself automatically as you get closer to the law enforcement officer."
paintball
they should try that device used in Clockwork Orange to force eyes open, and then make him read spam all day for lets say hmmmm... 3 years.
Then they can send him to jail.
No.
"Why I love spam" article by Barry Dennis from over a year ago.
w eb44009.ht m
a ilto:BDennis410@AOL.com
http://news.com.com/2010-1071-915523.html
Some old press release about his company.
http://www.prweb.com/releases/2002/8/pr
His website.
http://www.geocities.com/bdennis410/
m
No
Now, I've heard enough about Kilmore to not like him, but please, do NOT but words in his mouth.
Apparently you haven't heard enough about him to know his name. It's Kilgore.
Read the other reply to your post and learn, Daniel-son. Kilgore wants to regulate your sex life. He's sufficiently effeminate that I suspect that he's acting out as a part of repressing his own homosexual tendencies, but that's obviously nothin' but speculation.
-Waldo Jaquith
.. the virginia police didn't have to shoot the scumpile for resisting arrest.
if this is supposed to be a new economy, how come they still want my old fashioned money?
I know we all hate spam, and we hate spammers more. BUT. A possible 20 years in prison? That doesn't seem right to me. Especially for first (punishable?) offense. I imagine he'll get off with a fine and some community service (I hope). And the threat of jail time if he continues to run a business of sending spam.
...whatever, and he should do some community service hours...
Prison/Jail should be reserved for people who are unable to function in society and/or present a significant danger to others. All other crimes should be punishable through community service of some sort...
I don't believe this guy poses a serious threat to those around him, or society, so there is no reason to separate him from those groups. I'm all for making spam 'illegal' but I don't believe it should carry a jail sentence unless the person is spamming us with illegal material like kiddy porn, or unless they repeatedly give the court the finger and continue their operations.
The court should order him to stop sending spam email, and to close his business down within a certain period of time (hey, this guy has built a business on top of something that was legal until very recently (apparently). Although you may not like his business, let's be the bigger person and show the guy some compassion, give 'em a buffer zone to find a new business or legit job...?) He should also be given a fine possibly? Money from the fine should go to education in the county or state
A couple of years ago, I went on a weekend trip with some acquaintances across the Canadian border, etc. After we drove back across the border to get home, it came out that at least one person had illegal drugs with him the entire time, more than could could possibly have consumed himself.
I shudder to think of what might have happened had we been searched well at the border.
Now... How many billion spams did he send out?
One line blog. I hear that they're called Twitters now.
With 10 seconds of time wasted per e-mail, he would break even on 20 years imprisonment if he only sent ~63 million spam messages. Which is probably a large multiple less than how many he actually sent.
Sounds plenty fair.
How do you quantify "monetary damages" and who gets them? Certainly not the ISP since he paid for the bandwidth. Nothing of monetary value was actually lost.
So off to prison he goes from a system where most of the time the laws are just but the punishment have no rational behind them.
I wonder how much money it would cost for the legal system to go through the laws and reconsider all the punishments so they make sense. Probably too much.
And that's probably why we just put up with punishments that were defined decades ago based on a more or less lenient society.
Spam laws were defined by a society that hates spammers. It's not surprising the punishment seems a whee bit over the top. If we had made legislation 10 years ago he'd probably be getting a slap on the wrist now.
Ben
Work Safe Porn
They took the time to write a press release on it
p ress_view.cfm?release_num=55253670
Blatantly ripped from: http://media.aoltimewarner.com/media/newmedia/cb_
---
America Online Works With Virginia Attorney General in First Criminal Indictments Under Virginia's Anti-spam Law
Evidence Referred by AOL Members Helps Law Enforcement Apprehend Individual Identified as a 'Top 10' Worldwide Spammer*
DULLES, VA - December 11, 2003 - Junk emailers across the country, take note: spamming can be hazardous to your freedom.
That's the message sent out today by Virginia Attorney General Jerry Kilgore from AOL corporate headquarters in Northern Virginia, where he announced the first-ever felony indictment under Virginia's tough anti-spam law, which went into effect July 1st and is considered the toughest anti-spam law in the nation.
The indictment announced by the Commonwealth of Virginia charges a North Carolina resident with fraudulent or falsified transmission of unsolicited bulk e-mail, or "spam". According to the Attorney General's office, the defendant uses the alias "Gaven Stubberfield." According to the anti-spam organization Spamhaus (www.spamhaus.org), "Gaven Stubberfield" ranks number 8 on their "Top 10" Register of Known Spam Operations (ROKSO).
Using the "Report Spam" button, AOL members provided thousands of complaints that were used by the Commonwealth of Virginia to help investigate and indict the defendant.
"We applaud Attorney General Kilgore's swift action to vigorously enforce Virginia's tough anti-spam law. AOL, Virginia's online industry, and especially our millions of members, stand to benefit from their hard work," said Curtis Lu, Deputy General Counsel of AOL. "As part of AOL's comprehensive anti-spam enforcement strategy on behalf of our members, we have cooperated in Attorney General Kilgore's investigation of this defendant, and will continue to cooperate in actions brought both under Virginia's tough anti-spam law and also the new federal anti-spam law when it takes effect next year."
"Make no mistake about it," Lu continued: "Wherever you are in the country, no matter what state you live in - if you use techniques of falsification to spam AOL and its members, you can face stiff consequences under Virginia law. When AOL members use the 'Report Spam' button to provide spam complaints to AOL, they empower both law enforcement and AOL to take decisive action to hold spammers accountable for unlawful transmission techniques. Spammers who use outlaw tactics of falsification may find themselves behind jail bars instead of computer screens."
Joining Attorney General Kilgore and Mr. Lu at the press conference were industry leaders from MCI and the Northern Virginia Technology Council (NVTC), as well as state prosecutors and investigators involved in the case.
In 2002 and early 2003, AOL worked with industry leaders, state lawmakers, and Attorney General Kilgore's office to craft a new anti-spam state law that would levy strong criminal penalties on large-scale spammers who used tactics of fraud, falsification and deceit to send the most egregious and offensive junk emails to AOL members. After adoption of the law by the Virginia General Assembly, AOL hosted a ceremony at its corporate headquarters on April 29th where Governor Mark Warner signed the bill.
The criminal indictment announced today comes as AOL continues to vigorously pursue civil litigation filed earlier this year against over a dozen individuals alleged to have spammed AOL members with almost one billion junk emails.
* according to www.spamhaus.org
About America Online, Inc.
America Online, Inc. is a wholly owned subsidiary of Time Warner Inc. Based in Dulles, Virginia, America Online is the world's leader in interactive services, web brands, Internet technologies and e-commerce services
...when your intoxicated brother-in-law brings him to your house, shotgun jabbed in his back and red ribbon tied around his torso?
:-D
Can I watch?
Emacs: for people who just never know when to
If they want to sell to US residents, they have to link up with the US financial system somewhere, which provides the legal and investigatory basis to pursue them. And I wouldn't assume that any net-connected country would try to shelter these people. I expect that the industrialized world will follow the US and outlaw spam.
They do have authority to arrest the seller in Holland. They probably don't use it very often. Remember, Dmitri Sklyarov fell under US jurisdiction because Elcomsoft sold from Russia into the US.
We make George Bush the judge. If nothing else, we know he loves the death penalty. Of course, that's AFTER the bastard is convicted, or IT will probably find a way to mess with Bush's mind.
Looks like they had eveything to do with it
Text was coppied from AOL keyword spamfighters....
Virginia Attorney General Jerry Kilgore has announced the nation's first felony charges and arrest for sending spam. Using Virginia's new Anti-Spam law, a grand jury indicted Jeremy Jaynes (a.k.a., "Jeremy James" and "Gaven Stubberfield"), regarded as the eighth-worst spam distributor in the world.
Using the "Report Spam" button on the mailbox, AOL members provided thousands of complaints that were used by the Commonwealth of Virginia to help investigate and indict the defendant, according to the Attorney General's office.
The new law is considered the toughest in the nation and was used as the model for the criminal portion of the federal legislation that was recently passed by Congress.
Law enforcement authorities arrested Jaynes in Raleigh, North Carolina, and charged him with four felony counts of using fraudulent means to transmit unsolicited bulk e-mail, which may be prosecuted in Virginia if any part of the illegal transactions take place in any locality in the Commonwealth. (AOL's offices are located in Dulles, Virginia.)
"Gaven Stubberfield" is listed as the eighth-most prolific spammer by the Register of Known Spam Operations. If convicted, Jaynes could face up to 20 years in prison and $10,000 in fines -- the four felony charges each carry punishment of one to five years in prison, a fine of up to $2,500, or both.
In 2002 and early 2003, AOL worked with industry leaders, state lawmakers, and Attorney General Kilgore's office to craft a new anti-spam state law that would levy strong criminal penalties on large-scale spammers who used tactics of fraud, falsification and deceit to send the most egregious and offensive junk e-mails to AOL members. After adoption of the law by the Virginia General Assembly, AOL hosted a ceremony at its corporate headquarters on April 29, where Governor Mark Warner signed the bill.
The criminal indictment comes as AOL continues to vigorously pursue civil litigation filed earlier this year against over a dozen individuals alleged to have spammed AOL members with almost one billion junk e-mails
he went from a marketer to a criminal in the article...
"Jaynes was charged with violating limits on the number of messages a marketer can send..."
"These criminals are harming businesses in Virginia, and that concerns us," Kilgore told the news conference at AOL headquarters in Dulles, Va.
Just funny I thought! Read between the lines...
To give to the inmates who make these spammers their bitches. I can't wait to hear how brutally these 2 get treated by some of the other lowlifes of society. Its about the only thing that might scare some of these spammers out of business.
The first thing we do, let's kill all the lawyers. Shakespeare, Henry VI, Part 2, Act 4, Scene 2
One down,
Ten thousand to go!
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
NO. That's how long it take me to finally get through the last of it in my inbox.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
To prove it, here's the houses that Jeremy Jaynes owns.. bling bling..
As a fellow NC resident of Cary and a worker in Raleigh, I'm happy to see Virginia root out the Raleigh Spamming Gang out of my community and workplace.
Here's an article from my local paper.
I don't know, I might be crazy. When I first looked at the topic of this story, I read it as 'Viagra Arrests Man For Spamming'.
Not all that crazy considering there is a class action lawsuit against the makers of viagra by People Against Viagra Email Spam. And I for one think that we should be sensitive to their cause. With any luck Pfizer, the makers of Viagra, will be putting out contracts on spammers who use their trademarked name.
After all, the most sensitive way to deal with spammers is to hunt them down and kill them slowly and painfully.
Promote Sensitivity on Slashdot, make me your friend.
If that's not an interference with interstate commerce, I don't know what is.
2. Mens rea - Knowledge/intent of the crime. Most crimes (other than traffic violations) require at least that the accused knew he was doing the facts that make up the crime (not that it IS a crime, only the underlying facts). Here, the crime requires that the email pass through Virginia. How is he supposed to know whether a particular email he sends is passing through Virginia? Even if he is sending it to AOL, he doesn't necessarily know that AOL is in Virginia.
Yet another conflict between fighting spam and preserving our rights.
Well everyone on here is saying "punishment should fit the crime" Well let's see according to spamhaus this is his desc:
"A non-stop group of porn spammers with T1 access. Multiple machines pumping scam and porn spam around the clock. Notorious for "horsey porn" spam."
(I don't know if I am more disturbed by "horsey porn" being in quotes like it is a known genre, or just that those words are combined"
But if you make the punishment fit the crime aren't we going to end up with a page two for www. goatse. cx ? (And yes I do NOT want that a link I can NOT bring myself to do that)
Or something worse?
I am 31337 or something.
http://www.google.com/search?q=jerry+kilgore+sex
-Waldo Jaquith
I mean where are the aerial photos of this guy's house? I can only presume that the US postal service DOS has already begun.
If you want to know more about sending legitimate email marketing, check out my book
Sorry, but I did not opt in to read this.
I suggest any other slashdotters that are not interested in this, to also reply with "REMOVE"
Am I the only one that read that as "Virgin arrests man for spamming?"
>one down, another couple thousand to go
Actually, it is only 199 to go, before
90% of all spam disappears. Read more at:
http://www.spamhaus.org/rokso/index.lasso
Bram
Bram Stolk http://stolk.org/tlctc/
Assume each spam takes five seconds to download, identify, and delete. Many spammers send out billions of messages per year. That means that they waste several lifetimes per year. Do the math.
1. Unconstitutional - Dormant Commerce Clause. If a state can't regulate the type of mudflaps used by 18-wheelers on its own freeways, it doesn't make sense that it could prosecute someone who might not even know they were sending email through the state.
Well, of course you know ... if you are "legitimate", then it is all opt-in, right? How could you not know what state the person you are sending email to is in?
I guess your "previous business relationship" must not have been that strong ...
If one were bored enough, one could visit the Wake County public records website and get a look at Jeremy D. Jaynes million dollar house.
The story is pretty fresh, so the news details are still pretty thin.
And coming up next: Microsoft will reportedly claim a patent sometime soon. The patent isn't out, so the details are still pretty thin.
There are braille readers you know. A programmer at my last job used internet explorer with a few wierd pieces of equipment (one of which looked like an Enigma machine).
...there is a spamming law.
Happy trolling, fool.
Can he be please be delivered to any college campus? I am sure we will tear him apart and burn him alive!
Wondering if email can ever be made a pay-service. Something like a 1cent per 10 emails. I can't think of how existing protocols can support it... but just free-wheeling. Then nobody would send 15 million emails a day (Of course, without discovering a bug in the system).