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First Four People Charged Under CAN-SPAM Act
friedo writes "Four people in Detroit have been charged with emailing fraudulent sales pitches under the new federal CAN-SPAM Law. 'They were accused of disguising their identities in hundreds of thousands of sales pitches and delivering e-mails by bouncing messages through unprotected relay computers on the Internet.'"
Here's an article from the tech writer at the Detroit Free Press. He focuses more on the big companies whose relays were abused.
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WWJD...For a Klondike Bar?
So they do act. Everybody, remember to forward a copy of all your spam to uce@ftc.gov as well as the usual post to nanas and LART to abuse@wherever. It seems that if the FTC build enough info on a spammer then they really will do something about it!
Real Daleks don't climb stairs - they level the building.
This simply a case for the Federal Trade Commission. The inclusion of CAN-SPAM law into the criminal charges is merely an after thought (as I mentioned before):
From the Article:
By this, as well as the FTC's involvement (see FTC link above), this is a simple case of fraud. The CAN SPAM sentancing guidelines provide for tacking an extra couple of years to the sentance in such a case.
The addition to CAN-SPAM in this case will only serve to attract more attention to the problem of E-mail fraud. My previous statement remains, "an extra 1 to 3 years tacked onto a felony conviction is nothing compared to the sentance that is already being faced."
Kinetic stupidity has a new brand leader: Allen Zadr.
Nope. It doesn't matter if he relays his computer crimes through the Spirit Rover commlink -- if he's phyically in the US and the Feds have the evidence, he can be arrested and charged.
Bottom line: If the Feds are serious about enforcing the law (which is the real rub), a spammer needs to physically get his ass out of the US, unless he doesn't mind having said ass traded back and forth for ciggies.
/. If the government wants us to respect the law, it should set a better example.
Pretty much true, though Americans can be charged with crimes committed outside the US in certain situations. And certain types of crimes against Americans already have extradition treaties with some countries. In the end, only treaties can ensure that the offenders can be dealt with across borders, and even then, there will likely be countries that, for whatever reason, refuse to sign extradition treaties with the US.
I would think a lot would have to do with the content of the emails, we're they offering legitimate deals or not? If they were looking to scam people, then I think possibly they could be charged under 18 USC 1030 (a)(4) which is is more than the "mere hack" required in (a)(2).
Usually people are charged under (a)(5) which pertains to outsiders 'hacking' in and causing damage. The damage part is essential and I believe the minimum amount of actual damages required is $5k (forgive me if that's wrong, i'm doing this from memory). Although to be honest with you, as most slashdotters know, the damages are always trumped up in these cases - a company can go out and basically buy a bunch of routers or whatever and say it was to "Re-secure" their network and that will be considered damages. See United States v. Middeleton 231 F.3d 1207 (2000).
Quidquid latine dictum sit, altum viditur
A joint project of consumer protection agencies from 17 nations:
http://www.econsumer.gov/english/
Kinetic stupidity has a new brand leader: Allen Zadr.
From my own memory and from googling, Daniel Lin has been involved in operatings with Ralsky as early as 2001. In fact, when I was very actively tracking Ralsky, I wrote the following little gem tying Ralsky, Lin and Ken Holt out of Oklahoma together in their email barrage activities:
http://groups.google.com/groups?q=daniel+lin+ra
Read and enjoy.
No problem here. They both were and are accused. Because it's still happening doesn't mean it hasn't already happened too.
Let's get one thing straight right now: These people are not being charged with spamming. They are being charged with spamming in a manner not in compliance with the CAN-SPAM act. Dell, General Electric, and Microsoft (for example) will all be able to comply with the CAN-SPAM act -- it was written for their ilk. Big corporations don't have to worry about some anti-spam vigilante threatening them or their family. They don't have to be concerned that their credit will be destroyed. Then don't have to worry about their phones ringing all night long. The won't be particularly upset if pictures of their headquarters and their contact information appear on Slashdot. They can afford to hire operators to man the phones and deal with angry spam recipients.
These charges are just part of clearing out the small-time operators in order to make room for the big boys. Our fine friends in government want to get rid of the sleaziest stuff so the Fords, Walmarts, and Panasonics of the world can spam without being associated with the Internet porn and snake-oil spams. When the penis enlarger and herbal viagra spams end, then you can expect to see your mailbox filled with spam from major corporations -- all of whom can afford Internet pipes that would make the small-time spammers weak in the knees.
CAN-SPAM is not the last word. Call your Congressional representatives and tell them that you want legislation with teeth that makes all spam (usolicited bulk e-mail) illegal. Make it illegal to send it, illegal to pay someone else to send it, illegal to relay it, and illegal for ISPs to knowingly provide safe havens for spammers. Require that ISPs act within 24 hours of getting notification of spam activity and that they not "warn" spammers. Pressure other countries to pass similar legislation. Don't tell me that it can't be done -- just look at the DMCA-like laws being enacted everywhere and how the draconian laws favored by the RIAA and MPAA are being passed throughout the world due to U.S. pressure.
extra 1 to 3 years tacked onto a felony conviction is nothing
Oh yes it is, while you go in thinking it's nothing usualy because it's served concurrently with the primary sentence; I can guarentee that the Parole board will look at it differently. In fact if you cop a plea, you generaly have waived your right to be presumed inocent. The means you did, what you were charged with, not just what you were convicted of. Another Gotcha is these guys now have two felonies, after they do say 7 years of a 7-12 federal sentence, they get out on parole and blow a stop light, in Michigan they are now 3 time lossers and get 1-3 in a MI prison as an habitual offender.
Being in prison is no joke either, think about this;
you're now working for 28 cents an hour, your wife divorces your sorry ass, and child-support leaves you with $7.00 a month disposeable income. If you get sick or injured, medicade has a $3.00 co-pay that's almost half a months income, He'll only tell you "take some asprin and see me in two weeks" so there goes the rest of the months income (don't no-show either, you'll get a ticket for disobeying a direct order, that the parole board won't like). No these guys are going to become four more kiss-ass punks in a world of hurt and are probably too stupid to realise it.
Apocalypse Cancelled, Sorry, No Ticket Refunds
Okay, it looks like the offense has possible penalties of a fine and limited jail time. Based on the average spammer, the maximum imprisonment time would be 3 years for the first offense and 5 years for subsequent convictions. What I find more likely to have an impact is forfeiture. The convicted spammer will be ordered to forfeit any property traceable to proceeds from their spamming and any equipment, software or technology used therein. This is much more likely to have an impact than the fine and imprisonment, IF it is applied fully.
I was taking one day at a time, but then several days got together and ambushed me. (from a Rhymes with Orange comic)
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Arrest warrants are outstanding for defendants James Lin and Daniel J. Lin. In a criminal complaint issued by the U.S. Attorney's Office, these individuals have been charged with violations of the federal mail fraud laws as well as with criminal violations of the CAN-SPAM Act.
So if you know the whereabouts of those spammers, please contact the U.S. Attorney for the Eastern District of Michigan.The FTC also credits Spamhaus in assisting with the investigation.