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"Buffalo Spammer" Gets 3.5 to 7 Years

jfruhlinger writes "Howard Carmak, aka the 'Buffalo spammer,' has been sentenced to jail time for his spamming activities. Interestingly, the conviction was not for spamming per se, but rather stealing someone's identity, which he then used to launch his spam messages."

671 comments

  1. 3.5-7 Seems a little light by KoriaDesevis · · Score: 5, Insightful

    From the article:

    The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

    7 years is the maximum for identity theft? That actually seems a little light. I would think they'd lock him away for 15-20 for something like that. Theft + potentially ruining someone else's credit and/or reputation.

    1. Re:3.5-7 Seems a little light by nharmon · · Score: 4, Insightful

      I don't think 7 years is light for an identity theft case. I do think 7 years is light for a repeat offendor though.

    2. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 0, Troll

      Are you insane? If you steal someone's identity, don't they still have it? Don't they still call themselves "Joe Blow", have a shrewish mom and alcoholic dad, live in a shitty house in a shitty suburb? Didn't they still go to that 2nd tier state school and almost catch the attention of the farm league baseball agent?

      Really, you /. hypocrites, if it's okay to copy music files, it's okay to copy identities.

      Identities want to be free!

    3. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 1, Insightful

      You have a point. We should kill repeat offenders instead.

      We Yanks need more forward thinkers like you!

    4. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 1, Insightful

      >Theft + potentially ruining someone else's credit and/or reputation.

      Why does this suprise you. Victims have no rights; why should the criminal courts care what happens to them?

      l8,
      AC

    5. Re:3.5-7 Seems a little light by LaCosaNostradamus · · Score: 3, Insightful

      I don't agree. Following my policy of having the punishment fit the crime, the ends were financial. The heaviness of the punishment imposed on Carmack should have been the fines, not years of his life.

      Don't get me wrong; the man's a scumsac and a general nutcocker. But even so, he's a person with irreplaceable years of life, who can reform as we should hope anyone can. Financial judgments against him could have chased him for decades, which seems sufficient punishment.

      Italy is seeking to jail MP3 traders, and we are jailing a con artist. Both crimes are relatively innocuous compared to years of jailing. I can only urge others to keep a sense of perspective about such things.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    6. Re:3.5-7 Seems a little light by cgy · · Score: 1

      life in prison!

    7. Re:3.5-7 Seems a little light by tomstdenis · · Score: 1, Interesting

      Jail time is not always the answer. The real answer is to deny the criminal any credit for the rest of his life.

      Want a house? Too bad. Already own a house? Not any more! Want a car? Too bad, etc, etc, etc.

      See how the criminal likes not having any credit and having to buy things outright with cash all the time.

      Putting the prick in jail just gives him a free ride for 7 years.

      Tom

      --
      Someday, I'll have a real sig.
    8. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 0, Funny

      IMHO, castration (the old fashioned kind) would serve as a much better detterent than life in prison. "Life in prison" probably sounds pretty vague to some junkie or sloping-brow thug, but threaten to cut off their plumbing...

    9. Re:3.5-7 Seems a little light by carlos_benj · · Score: 2, Funny

      That's funny....

      Judge: "I hereby sentence you to no credit. From now on you can only use cash."

      Criminal: "But judge, I already have no credit except for yours and I can steal somethin' if I want cash."

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    10. Re:3.5-7 Seems a little light by Kombat · · Score: 4, Insightful

      The real answer is to deny the criminal any credit for the rest of his life.

      This is extremely ignorant. The guy is an identity theif. How in the hell is denying him credit going to encourage him to stop using fraudulent identification?

      "You won't give me a credit card? Fine. I have tons of experience acquiring them from people who already have them."

      Great solution.

      --
      Like woodworking? Build your own picture frames.
    11. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 0

      I would think they'd lock him away for 15-20 for something like that.

      So then we'll have to lock armed robbers away for 20-30 years, rapists for 30-40 years, kill the pedophiles, kill the murders... um... twice! Kill the mass murders... um... four times! with a blunt weapon!

      Yeah... that's it... let's just fight crime with more cruelty... yeah that's good for the world...

    12. Re:3.5-7 Seems a little light by geoffspear · · Score: 4, Insightful

      Bah. I'm very much opposed to lengthy jail sentences for nonviolent victimless crimes, but when it comes to fraud and identity theft in the service of a money-making scheme, I think jail time is an appropriate deterrent. If you just fine people for stuff like this, they'll keep doing it as long as the amount of the fine and their perceived likelihood of getting caught are offset by the profits they're making, just as many corporations see government fines for their illegal actions as part of the cost of doing business. If anything, jail time is much more of a deterrent for the types of crimes perpetrated by weasily fraudulent types than it is for tough violent offenders.

      --
      Don't blame me; I'm never given mod points.
    13. Re:3.5-7 Seems a little light by thedillybar · · Score: 4, Interesting
      The New York State case followed a civil suit against Carmack by EarthLink that resulted in a US$16 million award against Carmack in May, 2003.

      It looks like he got fined as well as jailtime. Good thing, because he probably made enough to live the rest of his life on.

      1. Spam.
      2. Profit.
      3. If you're unlucky (probably less than 1% of spammers), get locked up for 4 years.
      4. Retire to a mansion on the beach.

      Sounds like a good deal to me.

    14. Re:3.5-7 Seems a little light by tomstdenis · · Score: 1

      And putting him in jail does what? He sits on his ass not aquiring any useful skills, gets angry, gets out and does the same thing.

      At least if you turn off his credit he can learn how the identity theft victims felt when they ran into credit problems [cuz recall the point of most identity theft is to run up credit].

      Also recall that the purpose of prison is to deny liberty to those that deny liberties of others. It's tit for tat just like my suggestion.

      Tom

      --
      Someday, I'll have a real sig.
    15. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 1, Insightful
      Let's not forget...he was a spammer too...

      I say he oughta get the chair, or lethal injection for that one alone.

      :-P

    16. Re:3.5-7 Seems a little light by tomstdenis · · Score: 1

      Oh better is

      Judge: I hereby sentence you to prison. We will provide for room and board free of charge. In fact you won't be responsible to do society any good while we spend thousands upon thousands a year to shelter you from the elements. All you have to do is wear an orange jumpsuit and answer to 387419.

      Criminal: Aight.

      I can see it's much smarter your way.

      Tom

      --
      Someday, I'll have a real sig.
    17. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 0

      At least if you turn off his credit

      Good grief! Did you not read the parent? The guy is an identity thief!

    18. Re:3.5-7 Seems a little light by indulgenc · · Score: 1

      How is this interesting? Petty theft is not a felony charge, and wouldn't even apply to the "three strikes" laws.

      -i

    19. Re:3.5-7 Seems a little light by carlos_benj · · Score: 1

      Who said smarter? I said funny. And besides, I never mentioned what "my way" was....

      I still think it's hilarious to sentence someone to an existence that is identical to the one they've likely been living for years. You've taken nothing away from them at all and simply told them to go home.

      I'm not an apologist for the penal system, but you've definitely taken away far more than someone's credit score when you deprive them of contact with their friends and family (or their electronics - for those who only interact well with things that have clock cycles rather than heartbeats) and the freedom to get up and go somewhere else any time they want to. Your way (which you did present as "your way") just sends them back with zero penalty.

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    20. Re:3.5-7 Seems a little light by nytes · · Score: 1

      You mean the same way that suspending someone's driver's license prevents them from getting behind the wheel of a car?

      --
      -- I have monkeys in my pants.
    21. Re:3.5-7 Seems a little light by srleffler · · Score: 1
      I find it hard to believe that anyone moderated your post 'insightful'. Ultimately, serious financial crimes pretty much require punishment by jail time. I didn't RTFA in this case, but certainly con artists and other 'white collar' criminals do sometimes do irreparable harm to their victims. In many cases people's lives are nearly destroyed by such crimes.

      Furthermore, there is no way a fine can provide adequate deterrent. To effectively deter a financial crime, the fine would have to be much larger than the amount of money that was misappropriated (otherwise the cost-benefit ratio favors the crime). The criminal is unlikely to be able to actually pay such a fine.

    22. Re:3.5-7 Seems a little light by Anonymous Coward · · Score: 0

      I'm very much opposed to lengthy jail sentences for nonviolent victimless crimes, but when it comes to fraud and identity theft in the service of a money-making scheme, I think jail time is an appropriate deterrent.

      Very likely.

      Bear in mind, however, that even one year in jail is a severe punishment to anyone but a hardened criminal who's spent more time inside than out. Seven years is already an incredibly harsh sentence for a non-violent crime. I can see how this sentence can be justified - identity theft is a serious affair - but anything longer would strike me as draconian.

    23. Re:3.5-7 Seems a little light by srleffler · · Score: 1

      You're just feeding a troll. Look at the guy's history. Mods: Mod grandparent 'flamebait'.

    24. Re:3.5-7 Seems a little light by the+arbiter · · Score: 1

      You're only telling half the story.

      The California prisoners in jail for stealing, as you say, "pizza and cookies" were given life sentences as part of the "three strikes" program, which mandates that a person previously convicted of two VIOLENT felonies can be imprisoned for life if they commit a third, non-violent felony.

      We're not talking stealing some videotapes or shoplifing some CD's. We're talking murders, rapes, assaults, the gamut of violent crimes that leave a lifetime of trauma for the human being on the receiving end.

      Ask a rape victim if it ever gets better. I think you'll find that they, too, are serving a life sentence.

      I'm a liberal, but my heart doesn't bleed for these pieces of shit. They knew what they were doing and they knew what would happen if they got caught. And they would do it over and over again until society removes them from their own private hunting grounds for good.

      --
      Boycott everything - they're all trying to fuck you one way or another
    25. Re:3.5-7 Seems a little light by Misch · · Score: 1

      Wasn't a fine, it was a separate civil lawsuit by Earthlink against Carmack. It just used the facts from one case as evidence in the other.

      Much like the OJ Simpson wrongful death civil lawsuit vs. the California state murder case against him. (Except those decisions were split.)

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    26. Re:3.5-7 Seems a little light by mgoodman · · Score: 1

      considering some people get only 15-20 for murder, or much less for rape, seven years seems reasonable for identity theft. i mean, we can't reasonably put identity theft in even remotely the same category as murder and rape. of course, if we had harsher penalties for murder, rape and other crimes of that brutal nature, then perhaps the identity theft sentence could also be harsher.

      really though, 7 years is a long freakin time to spend in jail for forging some email headers, which many can consider identity theft. i personally forge email headers daily. didnt you know that i was "superman" AND "the man with the worlds longest schlong"?

      --
      01100111 01100101 01110100 00100000 01101111 01110101 01110100 00100000 01101101 01101111 01110010 01100101 00101110
    27. Re:3.5-7 Seems a little light by clone22 · · Score: 1

      3a. Learn to make salad

      --
      Ask me about my vow of silence!
    28. Re:3.5-7 Seems a little light by tomstdenis · · Score: 1

      This logic doesn't work. Murder is already unacceptable yet people still do it.

      By your logic murder shouldn't be a crime because criminals will do it anyways.

      Clearly just putting people in cells doesn't "stop crime". In fact in some respects crime rates have been rising despite the larger and additional prisons being built.

      The truth of the matter is not all criminals are going to offend multiple times. I mean how many times did your parents take a toy away from you when you were little to teach you a lesson? Did the lesson hold? [e.g. be polite, share with others, etc, etc, etc].

      At least by punishing people in more obvious ways will send a message. Steal property? Have your property repo'ed. Commit fraud [or identity theft?] have your credit black listed for a period [e.g. a couple years], etc.

      How about also invest more money in education instead of war crimes and stupid military expenditures? I'm sure if you walked into a grade 12 class and said "all of you will have subsidized college. All you have to do is shoot straight and get appropriate marks" you'd see a marked improvement in graduation rates, college attendance and productivity as a whole.

      Just jailing someone doesn't force them to learn a skill or appreciate the consequences [on the victim] of their actions.

      Shit, I could murder someone, "be a good boy", get out in 10-20 years and then what? Um I'll never do it again? Um, I have no job skills. I've been bubba bench buddy for 20 years!. Meanwhile 20 years of prison cost the taxpayers roughly a million dollars [50k*20].

      Not bad!

      Tom

      --
      Someday, I'll have a real sig.
    29. Re:3.5-7 Seems a little light by tompaulco · · Score: 1

      Although I disapprove of the jail system because it makes the lawabiding pay for the upkeep of those who choose not to be lawabiding, I still think that theft is theft. People who steal aren't fit to live in society.

      --
      If you are not allowed to question your government then the government has answered your question.
    30. Re:3.5-7 Seems a little light by tompaulco · · Score: 1

      Then my recommendation is not to steal someone's identity. But maybe I am just bitter over the several hundred spam e-mails that were sent out last year with my e-mail adress forged as the "to" line.

      --
      If you are not allowed to question your government then the government has answered your question.
    31. Re:3.5-7 Seems a little light by SphericalCrusher · · Score: 1

      I guess it actually depends on what he did under the process of identify theft. I'm sure that if he used some intense social engineering skills to get his hands on valuable source code, he'd land in jail for longer. But you never know... Mitnick didn't get longer than 5 years and he did some pretty serious shit.

      --
      "Instant gratification takes too long." - Carrie Fisher
    32. Re:3.5-7 Seems a little light by phreaky728 · · Score: 1

      i happen to live about 5 minutes north of buffalo, i am so happy this [fill in the blank] went to jail, he should got 20 years, you can read about it from the local newspaper at:
      Buffalo Spammer gets 3.5-7yrs.
      heres the local archive of his a$$ in the news:
      Buffalo Spammer Archive

  2. It serves him right.... by millahtime · · Score: 5, Funny

    It serves him right for stealing identities. I am still in counseling for getting that email from my grandma telling me to enlarge my penis.

    1. Re:It serves him right.... by Anonymous Coward · · Score: 0

      I got an email from your grandma too...

      she said i need a penis reduction!

      ouch ;-)

  3. Hurrah for Erie County! by YankeeInExile · · Score: 3, Informative
    The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

    And from another article ...

    Carmack is accused of stealing credit cards and identities to fraudulently buy 343 EarthLink accounts to send shady and unwanted e-mail for such things as herbal therapy. Prosecutors said they do not yet know how he acquired the credit card information. He is also accused of banking fraud and other illegal activities arising from his spam operation, which authorities believe he operated on his own.

    But your honor, I was trying to run an HONEST business of stealing peopele's time and identitiy! Now I'll have to go back to mail fraud!

    I hope he enjoys his term in state pound-me-up-the-ass prison. This is the only thing that will curtail the (domestic) spam problem. Harsh, painful prison sentences.

    --
    How does the Slashdot Effect happen given that no slashdotters ever RTFA?
    1. Re:Hurrah for Erie County! by medvezhatnik · · Score: 1

      Great! now he will be selling viagra and penis enlargements in the state pound-me-up-the-ass prison. :-)

    2. Re:Hurrah for Erie County! by Anonymous Coward · · Score: 0

      "I hope he enjoys his term in state pound-me-up-the-ass prison. This is the only thing that will curtail the (domestic) spam problem."

      Rape as a form of rehabilitation? Christ, you Americans sure are fucked up.

    3. Re:Hurrah for Erie County! by Anonymous Coward · · Score: 0

      "Rape as a form of rehabilitation? Christ, you Americans sure are fucked up."

      Well, everyone being fucked up is what you would expect in a society where rape is considered rehabilitation. :-P

    4. Re:Hurrah for Erie County! by Anonymous Coward · · Score: 0

      The American prison system is not about rehabilitation. There are just too dman many people in the US as it is and the result is if you fuck up, you get tortured for years by other low life. The prision system is about vengence and getting the people off the streets and thats it.

    5. Re:Hurrah for Erie County! by armb · · Score: 1

      > This is the only thing that will curtail the (domestic) spam problem. Harsh, painful prison sentences.

      You seem to have mispelled "Harsh, painful public executions".

      --
      rant
  4. @:o by Anonymous Coward · · Score: 0

    @:o

  5. Hah by Anonymous Coward · · Score: 0

    Hopefully this will set an example for all other spammers...

  6. first!!! by Anonymous Coward · · Score: 0

    woohoo

  7. A little advice... by Anonymous Coward · · Score: 0

    Tell everyone you are in for murder. You'll probably be treated better. Oh and Soap on a Rope.

  8. there goes that doom III release date.. by openSoar · · Score: 0, Offtopic

    oh, wait..

  9. shall we start taking in a collection? by tuxette · · Score: 4, Insightful

    He'll surely need a large amount of cigarettes and contraband as dowry for his marriage to Big Bubba.

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 5, Insightful

      Serious question: why do Americans think prison rape is amusing? Whenever there's a story about someone or other going to prison there's always a comment to be found making light of this; and it's always modded up.

      Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

    2. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      yeah I don't understand this either - he's being sentenced to jail ... not 'being raped in jail'. The second is abhorrent and it's that same sort of american idea that people in jail have NO human rights that's just gotten them into trouble in Iraq recently

    3. Re:shall we start taking in a collection? by Stitch_626 · · Score: 1

      "Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?"

      It sure would give me enough incentive to not SPAM!!

      --
      Ohana means family. Family means nobody gets left behind or forgotten.
    4. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 1, Insightful

      Serious question: why do Americans think prison rape is amusing?

      Another serious question: Why do you assume its just Americans who are making a joke of this? People get raped in prison all over the world.

    5. Re:shall we start taking in a collection? by chamblah · · Score: 2
      Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

      No, but it sure is a good start.

    6. Re:shall we start taking in a collection? by Dimensio · · Score: 2, Insightful

      Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

      No. Not unless it's with a red-hot steel rod lined with sharp barbs.

    7. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      Oh, the irony of spamming with 'Enlarge Your Member' ads now....

    8. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      I think the answer is yes... a good ass rape would make the whole thing better for them

    9. Re:shall we start taking in a collection? by Dominic_Mazzoni · · Score: 4, Insightful

      Serious question: why do Americans think prison rape is amusing?

      I'm with you. I don't think it's funny and I don't think anyone deserves that.

      Even if you do think that some criminals deserve it, what about the tens of thousands of innocent people who were wrongly convicted and ended up in prison?

    10. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      As long as it's not in a prison in Iraq and media found out about it.

    11. Re:shall we start taking in a collection? by tijnbraun · · Score: 1

      if tens of thousands of innocent people end up in prison it is time to question your judgement system

    12. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      http://www.hrw.org/reports/2001/prison/voices.html
      Read that if you want a harsh look into the reality of prison rape.

      I don't have a issue with the jokes about any serious issue. We can't be serious non stop and the laughter can help cope with terrible issues. Though it is a very serious problem that needs to be fixed in the prisons.

    13. Re:shall we start taking in a collection? by Anonym0us+Cow+Herd · · Score: 3, Funny

      Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

      He can always tell his cellmate that he wants to "opt out".

      --
      The price of freedom is eternal litigation.
    14. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0
      If they gave it a serious thought, people wouldn't find prison rape amusing. However, they usually don't give it much thought.


      I think the main reason they find it funny is because there's a sense that the criminal justice system doesn't punish people enough. I'd bet a lot of the population would find that corporal punishment is suitable for the crimes they find heinous. Spammers, especially, are such low forms of life that prison time seems too kind. I don't think corporal punishment is an especially good policy, but people's gut reactions often disagree with policy. The Bill of Rights in the US constitution was created to protect the people from the government, and contradict the government's tendency to acquire more power.

    15. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      Another serious question: Why do you assume its just Americans who are making a joke of this? People get raped in prison all over the world.

      Yes, they do. However, I repeat, the people I have seen joking about it have all been Americans.

    16. Re:shall we start taking in a collection? by Davis+Bacon · · Score: 1
      I've never thought of rape as a suitable punishment, but it seems a convenient additional punishment to insufficient jail time. I think the sentence for a crime should dissuade infractions. If not, the sentence isn't tough enough. I would suspect the prevalence of rape in (US) prisons is a fair deterent to criminal activity. Funny.

      -Jam

    17. Re:shall we start taking in a collection? by Misch · · Score: 1

      "I think rape is hilarious. Let me prove it. Imagine Porky Pig raping Elmer Fudd." - George Carlin

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    18. Re:shall we start taking in a collection? by berzerke · · Score: 2, Insightful

      ...Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

      A lot of that talk is frustration. Our constitution forbids cruel and unusual punishment. Unfortunately, many judges have interpreted that as forbiding any real punishment. Why else do so many keep going back to jail again and again?

      China has a much lower prison population than the US, both in total number and in prisoners per 100,000 people (China: 119/100K, US: 701/100K; figures from http://www.kcl.ac.uk/depsta/rel/icps/worldbrief/wo rld_brief.html). The China numbers include the so-called "political prisoners", so the number of true criminals is probably much lower.

      While there are numerous reasons, one of them is life in a Chinese prison is bad. China has few repeat offenders (ok, partially because repeat offenders tend to get executed). While in the US, working is optional, yet you still get decent food, clothing, medical, and shelter. Convicted murderers have a better health care plan that I do! Many US criminals spend their time learning from others how to be better criminals.

      If it wasn't for abuse by other prisoners, a lot more people (in the US) wouldn't care if they went to jail. It's the only real punishment some criminals get. Getting seriously abused is a powerful message not to screw up again.

      My mother used to teach at an inner city school where her students getting sent to juv hall was a regular occurance. They would tell her that they didn't mind because it was better than their home life. When a 12 year old (repeat offender) pulls up to cop in a stolen car and asks him if he wants to drag race, it should tell you how much they care about being caught.

      The talk you are referring to is just people wanting some punishment that make the offender (and others) not be a repeat offender. If it takes making the spammer someone's girlfriend to get the message across, then so be it.

    19. Re:shall we start taking in a collection? by smurf975 · · Score: 1

      I agree rape is not funny. And coming from Americans that have an huge official problem with reconizing same sex mariages. (Their President hates it) But you can you allow someone in prison on financial grounds to be subject to sodemy?

      --
      -- I don't buy it, I grow it.
    20. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      Please remember that this is from a country that thinks that killing someone solves the problem.

    21. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      They get to learn "for free" about new ways to have sex without a female.

      Some geeks on /. maybe interesting in the title until they see whats it's about.

    22. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0
      Thankyou for the mature response. There are other serious responses in this thread but I'll concentrate on yours.

      In a nutshell, what you and the other adult respondants are saying is that prison isn't enough a deterrant to keep people from comitting crimes, therefore crimes that occur within the prison against individuals are permittable in lieu of government sactioned punishment. (Correct me if I'm wrong but that seems to be what you're saying). I simply can't accept this. In a mature society, those acts which are deemed to be unacceptable should be unacceptable across the board. I can't see any argument for allowing rape (homosexual or otherwise) in any circumstance and I find it astonishing that any society (not least the USA with it's current, very public moral deficiencies) would even metion it, even in jest.

      In case you're wondering, I include capital punishment as an unacceptable government sanction activity -- if the premeditated killing of someone is unnacceptable in society larger then it is most certainly unacceptable for the government to engage in similar activities. Let's not beat around the bush, capital punishment is nothing less than a government "killing it's own people". I don't wish to speak any more of this, but I'm sure you've heard the quoted phrase in the previous sentence often enough for it to have resonated in a way you perhaps find unusual.

      They would tell her that they didn't mind because it was better than their home life


      I hear this argument often. However, I see this as an argument to make society better. That is, to make home-life more attractive than incarceration. It's a sad civilisation that addressed this "problem" by making prison so repugnant that it finds physical violence an acceptable solution.
    23. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      Actually, there is the remote chance he may take pleasure from this so the answer is no, this punishment wouldn't fit the crime.

    24. Re:shall we start taking in a collection? by berzerke · · Score: 2, Insightful

      ...prison isn't enough a deterrant to keep people from comitting crimes, therefore crimes that occur within the prison against individuals are permittable in lieu of government sactioned punishment. (Correct me if I'm wrong but that seems to be what you're saying)...

      No, that's not what I'm saying. A crime is still a crime, even if occurs within a prison. However, if that's the best justice a victim can hope for, many will take it happily. Hence the posts. In a perfect world, this wouldn't be needed, but then in a perfect world, prisons wouldn't be needed either.

      ...those acts which are deemed to be unacceptable should be unacceptable across the board...

      Not necessarily. It all depends on the circumstances. I could give lots of examples, but I won't. Instead, think about the various *criminal* classifications for killing someone. There's first degree murder (aka capital murder in some states), second degree murder, and manslaughter (some states have variations on this). It all depends on the circumstances.

      ...I include capital punishment as an unacceptable government sanction activity..

      Many would disagree with you, including myself. Sometimes one must be sacrificed for the good of the group. Sucks if you are the one, but in this case, these people had a choice. They chose murder(s). They had more rights than they gave their victim(s).

      ...I see this as an argument to make society better...

      No argument here.

    25. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      >>Serious question: why do Americans think >>prison rape is amusing?

      >I'm with you. I don't think it's funny and I >don't think anyone deserves that.

      We live in an evil society that needs to repent.

      Proverbs 17:15
      He that justifieth the wicked, and he that
      condemneth the just, even they both are abomination to the LORD.

      Proverbs 20:26
      A wise king scattereth the wicked, and bringeth the wheel over them.

    26. Re:shall we start taking in a collection? by Anonymous Coward · · Score: 0

      And coming from Americans that have an huge official problem with reconizing same sex mariages. (Their President hates it)

      And who do you think is trying to get married? Could it be... Americans? Please don't think Bush is a faithful representation of US citizens.

    27. Re:shall we start taking in a collection? by hankaholic · · Score: 1

      Well, I'm amused by the possibility. Spammers use tricks to try to make one think that they are opening emails from friends or family when in reality it's just vulgar garbage.

      Like raindrops adding up to a flood, for all of the times someone's 13-year-old daughter has gotten an "enlarge your penis" email this guy is owed an unwanted invasion of what he considers to be his personal property on a massive scale.

      I think that it would be sweet, sweet justice if, after doing the dirty deed, his cellmate said, "You have received this invasion because you or someone you know opted in at a prior date. If you'd like to opt out of it, hold your mouth open for me, and you'll be removed from my list within 48 hours."

      --
      Somebody get that guy an ambulance!
    28. Re:shall we start taking in a collection? by BACbKA · · Score: 1
      I was about to post a similar q when I have seen your post. This attitude of encouraging prison abuse seems very dangerous to me. This reminds me of the "most democratic constitution" that Stalin's government had passed in 1937 amidst of the greatest GULAG arrests, tortures and executions going absolutely against the letter of the law. To the grandfather poster and alikes: if you feel that spammers conviceted to prison should be forcibly raped, go ask your legislators to write that in the law!

      For more serious people, better encourage those (donate?) who fight to diminish prison abuse. You have enough stupid laws and enough innocent people occasionally being framed and getting jailed.

      I hate spam; I use spambouncer and I report to spamcop anything that seeps through. I believe that laws against spammers should be there, but I don't believe in rape as a way to make someone behave. I don't think it's a proper way to go in the cultures where public rape has been a traditional punishment, and I don't think it's a way to go elsewhere.

      --

      VKh

    29. Re:shall we start taking in a collection? by Tom · · Score: 1

      Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

      No, it's not suitable, but all the suitable punishments involve technology of pain induction that hasn't yet been developed, so for the moment it'll do.

      --
      Assorted stuff I do sometimes: Lemuria.org
  10. Will be spamming his appeal... by Omega · · Score: 4, Funny

    He also announced he planned to spam his appeal to every court in the country.

    1. Re:Will be spamming his appeal... by r_cerq · · Score: 1

      Unfortunately, due to the force of habit, all the answers will go to hip_granny@hotmail.com.

  11. first post! by Anonymous Coward · · Score: 0

    YEAH!

  12. Let this be a lesson to you by drinkypoo · · Score: 1

    You can break most of the laws, all of the time, and all of the laws some of the time, but you can't break all of the laws all of the time.

    Just think, if Capone had paid his taxes...

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Let this be a lesson to you by Short+Circuit · · Score: 1

      The funny bit is, if Capone had paid his taxes, they could have been used as evidence against him for the crimes which the FBI really wanted to get him for. Capone's argument was that you can't take legal taxes for illegal money.

      It smacks of Martha Stewart's being convicted of lying when she said she was innocent (of a crime she wasn't convicted of.)

      But I guess sometimes that's the only way to get at the ones who know how to work the system in their defense.

  13. No matter what he was convicted for... by i8a4re · · Score: 1

    it's still one less spammer!

    --

    If I drive fast enough at the red light, it'll appear green.
  14. Range by supe · · Score: 1

    Send him to South Dakota to graze!

  15. My advice... by frodo+from+middle+ea · · Score: 1
    On the first day of the prison, either beat the crap out of someone, or become someone's bitch....

    Sorry couldn't resist.

    --
    for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
  16. Good... by hookedup · · Score: 5, Insightful

    The old cop trick, cant get em for what the biggest problem is, get them for what you can.

    Should be this way more often, arrest spammers for using machines they have no proper access to, not for just for spamming.

    1. Re:Good... by greendoggg · · Score: 5, Insightful

      Actually, I'm of the opinion that identity theft is a more important issue than spam. Don't get me wrong, I think spam is a big issue, but spam (usually) doesn't mess up a person's life completely, whereas identity theft can really leave someone in a world of hurt. But either way, since this guy was guilty of both, I'm glad to see he got some jail time.

    2. Re:Good... by dr_dank · · Score: 4, Informative

      Very similar to Al Capone. For all of his rumrunning, racketeering, murder and other activities, he was only successfully prosecuted for tax evasion.

      --
      Where does the school board find them and why do they keep sending them to ME?
    3. Re:Good... by hchaos · · Score: 1
      The old cop trick, cant get em for what the biggest problem is, get them for what you can.
      I don't know about you, but I consider identity theft to be a pretty serious offense. It's not quite the same as busting a mob boss for jaywalking.
    4. Re:Good... by shigelojoe · · Score: 1

      And the only reason that he was successfully prosecuted for that was because the IRS required that you report "embezzled or other illegal income".

      So, if you *do* report your illegal income, you can't get nailed for income tax evasion (but you do get investigated by the FBI about where that illegal income came from), but if you *don't* report your illegal income, that's automatic tax evasion.

    5. Re:Good... by Tired+and+Emotional · · Score: 2, Interesting

      I remember that some early breakers in to mainframes were charged with stealing (some very small amount of) electricity because there was no law covering the offense explicitly.

      --
      Squirrel!
  17. Good. by Lostie · · Score: 1

    It truly warms my heart to think that instead of sending out his crap, he will be spending his days picking up bars of soap from the prison showers :)

    1. Re:Good. by NiceGeek · · Score: 1

      Gives new meaning to "Buffalo Stance" doesn't it?
      (All due apologies to Neneh Cherry)

  18. It would be nice... by Mz6 · · Score: 0, Offtopic

    .. if the freeking comments worked!

    --
    Hmmm.
    1. Re:It would be nice... by CodeMonkey4Hire · · Score: 1

      It's kind of funny to see /. get /.ed.

      --

      Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
  19. throng dong by Anonymous Coward · · Score: 0

    suck it

  20. Claimed! by Marijuana+al-Shehi · · Score: 1

    Yes.

    --
    "I think all foreigners should stop interfering in the internal affairs of Iraq"
    -- Paul Wolfowitz, 7/21/2003
  21. Death To Spammers by Anonymous Coward · · Score: 0

    Not enough!

  22. Bye bye, Howard, it's been fun reading about you. by The+I+Shing · · Score: 4, Insightful

    Everybody, sing along, loud enough so that Howard can hear you all the way over in the Erie County Holding Center!

    Nah nah... nah nah nah nah... hey hey hey... good-BYE!

    When I read that Howard Carmack told Earthlink, "Nothing is in my name, so you'll never catch me," all I could think was, you arrogant, silly man. These are government agents and corporate attorneys that you're up against. You're an overweight criminal in his mid-30s who lives in a shack in Buffalo. I think they're gonna catch you, and right quick.

    Sure enough, they did. In addition to his prison time, Carmack has a multi-million-dollar judgment against him from Earthlink for his misuse of their network.

    Have fun in prison, Howard!

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
  23. Finally by DoctorHoe · · Score: 1

    Maybe this will send a messages to those spamming scum!

  24. as much... by Digitus1337 · · Score: 1

    As much as I'd like to hope that this would send a message, I really don't think it will. Think RIAA, yes we hate them more than pirates (the average person does rather), but they still won't care.

  25. too bad by Anonymous Coward · · Score: 0

    too bad.....

  26. What now? by Anonymous Coward · · Score: 0

    Where the world is going to? Now they are spamming Buffalos too!!! Who's next: Roger Rabbit? :P

  27. by calling the Buffalo Spammer, by Savatte · · Score: 1

    he is degrading the good name of buffalo wings. How about something like mayonnaise spammer?

    1. Re:by calling the Buffalo Spammer, by GTRacer · · Score: 1
      ...Too late, Jessica Simpson already ruined the rep in that abysmally-stupid Pizza Hut ad.

      GTRacer
      - And the compositing was awful too!

      --
      Defending IP by destroying access to it? That makes sense, RIAA/MPAA. Go to the corner until you can play nice!
    2. Re:by calling the Buffalo Spammer, by nelsonal · · Score: 1

      You mean they don't really have wings?
      In all seriousness I never connected Buffalo, NY with Buffalo wings. I just thought they were bigger than chicken wings (due to all the breading). Now it makes sense. I'd want a bunch of cayanne pepper before trying to brave a Bills game in November, although this seems a bit like the disproven logic that since brandy makes you feel warm it is a good idea for hypothermia victims.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  28. Finally he'll stop sending... by Begemot · · Score: 3, Funny

    ..."enlarge your ... today", 'cause he's not gonna like it.

  29. Just to beat you to the punch... by sfjoe · · Score: 0



    Commercial speech does not (nor should it) enjoy 1st Amendment protections.
    Now, if we could just lock up the people behind those annoying lite beer commercials.

    --
    It's simple: I demand prosecution for torture.
  30. Sounds to me a little excessive by Anonymous Coward · · Score: 1, Insightful

    Though I hate spam as much as the next person, this sounds like it qualifies as cruel and unusual punishment.

    1. Re:Sounds to me a little excessive by chromatic · · Score: 5, Funny

      Think of it as a deterrent. "Not only are murder, theft, and rape wrong, but if you're caught, you might have to share a cell with a spammer!"

  31. How they got Capone as well by ajiva · · Score: 1

    That's how most of the old time gangsters were taken down as well. Since its hard to get people to speak up about the racketerring, and the killing, etc. Just get them for tax evasion (how do you argue with numbers!). Same here, can't get them for SPAM, get them for something thats easy to prove! YEAH...

  32. It's a shame that he didn't get nailed for spam by Dasein · · Score: 1

    Because he didn't get nailed for the act of spamming but some other related offense that means that others may not be a deterred.

    --
    You are not a beautiful or unique snowflake -- but you could be if you got off your ass.
  33. indentity?? by Anonymous Coward · · Score: 0

    what is an indentity ??

  34. That reminds me... by Short+Circuit · · Score: 2

    ...of an old case I read about in Cliff Stoll's The Cuckoo's Egg.

    A cracker was convicted in Canada in the 80s of "stealing electricity" instead of breaking into a computer.

    1. Re:That reminds me... by Abm0raz · · Score: 1

      Great book.

      Benson & Hedges cigaretts ... ;)

      -Ab

      --
      Nothing fails quite like prayer.
  35. conviction time by Kallahar · · Score: 2, Insightful

    "The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said."

    Hopefully this implies that the government is realizing that most spammers are already criminals, email is just a new venue to commit the fraud.

  36. I realize by ResQuad · · Score: 1

    that he wasnt arrested for spamming. But eventually enough of these spammers will be arrested (for one reason or another), and hopefully a lot less will spam. Never is spam going to be completly gone, but it will stop all the little small time spammers, and just leave it for the big fish.

    Or at least I hope. No Spam is good.

  37. Smart by Anonymous Coward · · Score: 0

    Steal identity, get caught for spam. haha sucks to be him

  38. nice precedent by wmeyer · · Score: 2

    The sentence is unfortunately light, but the precedent is nice to see.

    --
    --- Bill
  39. Finally! by Anonymous Coward · · Score: 0

    Too bad he was convicted under identity theft law though and not jsut for spamming...

  40. Whatever it takes... by GPLDAN · · Score: 4, Insightful

    Capone went to prison (Alcatraz) on tax evasion. I'd love to see the IRS audit all spammers they can get ahold of. It might drive them offshore, but then we might have a chance at the ISP level to blacklist IP ranges for SMTP traffic.

    SPF is a good idea, I get tired of that checklist that says why your idea won't work. It's pedantic and discourages good ideas from being discussed.

    If SPAM is allowed to thrive offshore, I see a time when service providers like AT&T are asked to track SMTP and provide governments the figures for - you guessed it - tariffs.

    1. Re:Whatever it takes... by Anonymous Coward · · Score: 0
      Your post advocates a

      ( ) technical (x) legislative ( ) market-based ( ) vigilante

      approach to fighting spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)

      ( ) Spammers can easily use it to harvest email addresses
      ( ) Mailing lists and other legitimate email uses would be affected
      (x) No one will be able to find the guy or collect the money
      ( ) It is defenseless against brute force attacks
      ( ) It will stop spam for two weeks and then we'll be stuck with it
      ( ) Users of email will not put up with it
      ( ) Microsoft will not put up with it
      ( ) The police will not put up with it
      ( ) Requires too much cooperation from spammers
      ( ) Requires immediate total cooperation from everybody at once
      ( ) Many email users cannot afford to lose business or alienate potential employers
      ( ) Spammers don't care about invalid addresses in their lists
      ( ) Anyone could anonymously destroy anyone else's career or business

      Specifically, your plan fails to account for

      ( ) Laws expressly prohibiting it
      ( ) Lack of centrally controlling authority for email
      ( ) Open relays in foreign countries
      ( ) Ease of searching tiny alphanumeric address space of all email addresses
      ( ) Asshats
      (x) Jurisdictional problems
      ( ) Unpopularity of weird new taxes
      ( ) Public reluctance to accept weird new forms of money
      ( ) Huge existing software investment in SMTP
      ( ) Susceptibility of protocols other than SMTP to attack
      ( ) Willingness of users to install OS patches received by email
      ( ) Armies of worm riddled broadband-connected Windows boxes
      ( ) Eternal arms race involved in all filtering approaches
      ( ) Extreme profitability of spam
      ( ) Joe jobs and/or identity theft
      (x) Technically illiterate politicians
      ( ) Extreme stupidity on the part of people who do business with spammers
      (x) Dishonesty on the part of spammers themselves
      ( ) Bandwidth costs that are unaffected by client filtering
      ( ) Outlook

      and the following philosophical objections may also apply:

      ( ) Ideas similar to yours are easy to come up with, yet none have ever
      been shown practical
      ( ) Any scheme based on opt-out is unacceptable
      ( ) SMTP headers should not be the subject of legislation
      ( ) Blacklists suck
      ( ) Whitelists suck
      ( ) We should be able to talk about Viagra without being censored
      ( ) Countermeasures should not involve wire fraud or credit card fraud
      ( ) Countermeasures should not involve sabotage of public networks
      ( ) Countermeasures must work if phased in gradually
      ( ) Sending email should be free
      ( ) Why should we have to trust you and your servers?
      ( ) Incompatiblity with open source or open source licenses
      ( ) Feel-good measures do nothing to solve the problem
      ( ) Temporary/one-time email addresses are cumbersome
      ( ) I don't want the government reading my email
      (x) Killing them that way is not slow and painful enough

      Furthermore, this is what I think about you:

      (x) Sorry dude, but I don't think it would work.
      ( ) This is a stupid idea, and you're a stupid person for suggesting it.
      ( ) Nice try, assh0le! I'm going to find out where you live and burn your
      house down!
  41. Cellmate by blackmonday · · Score: 4, Funny

    Here's hoping that his cellmate took a steady supply of penis enlargement pills and herbal viagra.

    1. Re:Cellmate by CodeMonkey4Hire · · Score: 4, Funny

      Even funnier if his celly makes him take those breast enlargement pills!

      --

      Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
  42. more yrs by Anonymous Coward · · Score: 0

    Thats IT!! MORE!

  43. May I be the first to say... by MagiGraphX · · Score: 1

    WHOO! Finally he's gone! What took them so damn long?

  44. Shouldn't they have... by CSG_SurferDude · · Score: 4, Funny

    Shouldn't they have executed him like they do virus writers?

  45. fair enough by Anonymous Coward · · Score: 0

    The boy was a cock, justice has been served.

  46. Line 'em Up by ackthpt · · Score: 1
    but rather stealing someone's indentity, which he then used to launch his spam messages."

    This describes a few people who are using mine to blast their garbage, even at me. I'd gladly collect and turn the evidence over to anyone willing to prosecute.

    --

    A feeling of having made the same mistake before: Deja Foobar
  47. mmmm by Anonymous Coward · · Score: 0

    mmmmm...buffalo spam

  48. Is this thing working? by Anonymous Coward · · Score: 0

    Hello?

    1. Re:Is this thing working? by Anonymous Coward · · Score: 1, Funny

      Remember this the next time someone tells you MySQL is a stable database system.

    2. Re:Is this thing working? by carlos_benj · · Score: 1

      So, when Oracle's database hiccups I should remember the same thing, right?

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

  49. So saying that spammer get jail time.. by mrhandstand · · Score: 1

    isn't really accurate...it's identity theif get jail time. No news here...move along folks.

    --
    Always value the individual over the system. --Bruce Lee "I don't need a Sig - I have a custom 191" - me
    1. Re:So saying that spammer get jail time.. by CodeMonkey4Hire · · Score: 1

      Al Capone was put away for income tax evasion, but it was still big news.

      And I'm glad to see identity theives [sic] put away too.

      --

      Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
    2. Re:So saying that spammer get jail time.. by mrhandstand · · Score: 1

      I'll agree that your argument has merit. I really hadn't considered that perspective.

      Now, as for the theives typo....I don't worry about spelling on /. It's a big enough stretch to think that most of the readers can read.

      --
      Always value the individual over the system. --Bruce Lee "I don't need a Sig - I have a custom 191" - me
    3. Re:So saying that spammer get jail time.. by CodeMonkey4Hire · · Score: 1

      I was only making a light joke of the spelling. Some people take it pretty seriously here. They act like they've never typed the wrong key. It's not like we have spell-checking on our browsers (maybe some people do, but not me).

      Oh, well. I guess this thread is dead now. I hope that you [and everyone] had a good weekend.

      --

      Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
    4. Re:So saying that spammer get jail time.. by mrhandstand · · Score: 1

      Not dead. I always try to reply to people who answer while signed in. AC is for Air Conditioning, cause all that wind sure causes a breeze.

      Anyway, I actually laughed at your comment. Especially since my spelling is atrocious most of the time. Good luck coding and have a good day.

      --
      Always value the individual over the system. --Bruce Lee "I don't need a Sig - I have a custom 191" - me
    5. Re:So saying that spammer get jail time.. by CodeMonkey4Hire · · Score: 1

      I have found myself constantly having to say "i before e except after c, but weird is weird."
      This was definitely a case of the pot calling the kettle black. I have started to correct myself on the ei vs. ie thing so well that it stands out to me more.

      --

      Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
  50. FP by Anonymous Coward · · Score: 0

    FP

    1. Re:FP by Soporific · · Score: 1

      FP on the 5th page? Slashdot is crapping out today.

      ~S

  51. Umm by ad0gg · · Score: 1

    At first I thought the government was finally cracking down on spamming but in reality its just simple identity theft. He would have been treated the same if he was using identity theft for other activities. I'm glad he's in jail though, but just wished it was for spamming.

    --

    Have you ever been to a turkish prison?

  52. good by Anonymous Coward · · Score: 1, Funny

    Why don't we just inplant a chip in spammers heads that shock them every time they try to use modern technology? Microwave a TV dinner? shock. Send an email? shock. Try to hijack my computer to send out spam? shock. I think there is a sci-bi book (or twelve) with that premise.

    1. Re:Good by Profane+MuthaFucka · · Score: 5, Insightful

      Didn't we just go through this? All this macho GW Bush "Bring it on" wannabe talk isn't going to do anything but get people killed.

      If the death penalty applies to spam, and someone might get caught for spamming, then they may as well just go kill someone while they are at it. Maybe kill the witnesses. It can't increase the severity of the penalty, so why not?

      Part of justice is appropriate punishments. Walking with a swagger and carrying a noose might impress people who failed to graduate high school, but it doesn't make us any safer, or freer.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    2. Re:good by Anonymous Coward · · Score: 0

      I have something like that - it's called my hearing aids. Anytime I start a microwave, it makes a sudden, loud, sharp buzzing sound that scares the crap out me every time. I also get a mild buzzing when I'm near a CRT. I can only use laptops or an LCD without going nuts.

    3. Re:Good by TheRealMindChild · · Score: 1

      But thats my POINT. Killing someone for spam DOES NOT really solve anything. Spam is a neusence, but it doesnt really hurt anyones livelyhood. Identity theft on the other hand COMPLETELY destroys someones ability to function economically, and eventually socially. They do this KNOWING that they will break this person forever and ever, with no remorse... just a means to an end.... JUST LIKE A RAPEST. Neither deserve to live, because while they physically arent taking a life... they ARE in fact taking one.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    4. Re:Good by ViolentGreen · · Score: 1

      If the death penalty applies to spam, and someone might get caught for spamming, then they may as well just go kill someone while they are at it. Maybe kill the witnesses. It can't increase the severity of the penalty, so why not?

      Did you read his post? He is talking about Identity theft, not spam. While I don't agree that capital punishment is appropriate for identity theft, 7 years is no where near long enough.

      --
      Not everything is analogous to cars. Car analogies rarely work.
    5. Re:Good by Profane+MuthaFucka · · Score: 1

      So, what would you rather have done to you:

      1) Getting buggered in the ass
      2) Having someone get a credit card with your social security number
      3) Having your head cut off

      You're trying to convince me that all of these are equivalent, but you know what? I am not convinced. I'd rather track down an idiot with a credit card than try to track down a surgeon who can reattach my head.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    6. Re:Good by Profane+MuthaFucka · · Score: 1

      So, make the substitution in your mind. The argument still applies.

      Death penalty for stealing identies would just lead people to kill the target of the identity theft.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    7. Re:Good by SethJohnson · · Score: 1


      All the ill effects you're describing are because the credit tracking system doesn't do an efficient job of cleaning up after an identity theft. So because of this inefficiency, you are advocating that somebody be killed. Wow. I think some members of the Taliban must still have accounts on Slashdot.
    8. Re:Good by TheRealMindChild · · Score: 1

      You intentionally steer clear of the MAIN POINT... its that these people KNOW the repurcussions of their actions, but care nothing of it. It would be like throwing rocks at the back of a VW bug, to make it blow up... the house burns down, peoples lives are ruined. WHile it may be the faulty manufacturing of the car that made it capable of blowing up, the person that made it do so, did it BECAUSE they knew they could and BECAUSE they didnt care who or how it hurt.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    9. Re:Good by Stitch_626 · · Score: 1

      If I had done something wrong I of course would choose #2 for myself since that is the least uncomfortable for me.

      However, if someone had done something wrong to me, I would choose another number for them.

      That's why we don't let convicted criminals pick their own punishments.

      --
      Ohana means family. Family means nobody gets left behind or forgotten.
    10. Re:Good by Profane+MuthaFucka · · Score: 1

      What does that have to do with anything? Wow, the state of debate in this country is just awful.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    11. Re:Good by Stitch_626 · · Score: 1

      "back of a VW bug"

      You misspelled Ford Pinto. ;-)

      --
      Ohana means family. Family means nobody gets left behind or forgotten.
    12. Re:Good by geoffspear · · Score: 1

      Yes, and you don't get the death penalty for arson, unless you also killed someone and the prosecutor can prove you intended to kill them when you set the fire. The fact that you ruined someone's life doesn't mean the state should kill you, they just imprison you.

      --
      Don't blame me; I'm never given mod points.
    13. Re:Good by Stitch_626 · · Score: 1

      You asked which I would rather have done to me and I answered.

      "Wow, the state of debate in this country is just awful."

      No kidding!!! Some clown can't even remember the question he asked. ~sheesh~

      --
      Ohana means family. Family means nobody gets left behind or forgotten.
    14. Re:Good by N1KO · · Score: 1

      The question was from the victim's point of view. Remember 7 years in jail might screw someone's life up just as much as identity theft.

      Anyway, the prison system isn't meant for lots of people to die, suffer a lot or waste taxpayer's money. It's meant to keep everyone else safe. If punishment isn't good enough I don't see how more punishmont will solve any problems.

    15. Re:Good by Profane+MuthaFucka · · Score: 1

      Responding to a rhetorical question isn't the mark of genius.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    16. Re:Good by Mudcathi · · Score: 1
      Didn't we just go through this? All this macho GW Bush "Bring it on" wannabe talk isn't going to do anything but get people killed.

      As long as those getting killed are spammers, what's your objection?

      --

      "He who throws mud, loses ground." - proverb

    17. Re:Good by Carmody · · Score: 1

      Walking with a swagger and carrying a noose might impress people who failed to graduate high school, but it doesn't make us any safer, or freer

      Hey, it got him almost 50% of the vote in 2000

      --
      God is real unless declared integer
  53. indentity? by Anonymous Coward · · Score: 0

    How do you steal someone's indentity? I'll bet english teachers everywhere will revolt if people lose the ability to indent.

  54. Bravo everyone! We all had a part in this. by Weaselmancer · · Score: 4, Interesting

    These days, it's a truth that most spammers have to break other laws to try to get their spam out. It's not like the old days of open relays and a trusting email network. Now, we have worm exploits, stolen identities, account phishing, hacked boxes...the list goes on and on.

    We can pat ourselves on the back here, I think. Now that we're as a community becoming aware of the spam problem and doing something about it (like closing down open relays and blocking those who don't), spammers now have to break other laws to get their crap through.

    And that makes them targets for prosecution. So, let's all give ourselves a round of applause here. If you closed an open relay, or wiped out a worm, you contributed to this!

    Let's all keep up the good work.

    Weaselmancer

    --
    Weaselmancer
    rediculous.
  55. Good by TheRealMindChild · · Score: 2, Insightful

    Burn the jerk.

    But I have mixed feelings on this. If it was 3.5-7 for spamming, I would certainly say that is appropriate, but for identity theft? This is something that RUINS peoples lives. In a lot of cases, the vitims propogate their anguish to loved ones etc... and some even go as far as committing suicide. Actually, it stinks of the same horror as rape... you come out the other side ruined and broken... and 7 years isnt sufficient.

    I personally believe we need to get things back in perspective. If you destroy someones life, whether physically, or otherwise, you should lose yours. You arent fit for our society. BURN.

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  56. Buffalo Spammer by Anonymous Coward · · Score: 0

    dreadlock bastard,

    There was a buffalo spammer,
    In the heart of America

    Stolen identity,
    Spreading insanity,

    Driven from his own home,
    To the heart of a cold prison

    (sorry to Bob Marley & The Wailers, btw this buffalo spammer deserves his punishment, don't he?)

    1. Re:Buffalo Spammer by Buran · · Score: 1

      Tell me ...

      Have you ever danced with the devil in the pale moonlight?

  57. Hmmmm,,,,, this raises the question by Anonymous Coward · · Score: 0

    Would you like an extra 3 to 7 inches. SUre we all would. THat's why if you sign up for Mega stretch, you too can have a longer effect.

  58. Some of the longest sentences in history... by TheTranceFan · · Score: 2, Insightful
    Some of the longest jail sentences in US history were the result of convictions for stealing US mail: one year per piece of mail stolen.

    It's a good thing for this guy that sentencing for spam doesn't work like that: he supposedly sent 800 million emails using the two identities he stole.

    Then again, it wasn't a spam law under which he was convicted and sentenced. But put a few spammers away for 800 million years, and it might help in the neverending fight.

    /"You get out of jail about when the Sun has expanded to the size of Mars' orbit."

  59. Glad he was caught, and for the right reasons by dirk · · Score: 4, Insightful

    I am glad this guy was caught and convicted, and I'm glad it wasn't for spamming. It always amazes me how people want new laws targetting spam, but most of what the worst spammers do is already against the law and they can be targetted for that. Advertising fraudulent products is against the law. Pyramid schemes are against the law. Hacking someone's system and sending email from there is illegal. I have no problem with spam that doesn't the law in the sending. If you have a legitmate email account and send email from it, and don't make false claims, then you are using the email system as intended.

    If you want to go after spammers, there are plenty you can go after suing existing laws. We don't need new laws specifically for spam anymore than we need new laws specifically for music sharers. Use the existing laws.

    --

    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
  60. Identity theft by jroop · · Score: 2, Insightful

    It certainly would appear that identity theft is perhaps the best way to prosecute these spammers. If they are not using their own address, then they are stealing the use of someone elses. If they can successfully prosecute a series of these cases, spammers may be forced to use their real addresses. At least the ethical ones... hahahahah.. sorry

    For what its worth, MD just increased the penalties for spammers.

    jr

  61. Keeping fingers crossed by Anonymous Coward · · Score: 0

    I hope he drops his bar of soap in the shower. A LOT!

  62. Couldn't be happier... by Kiriwas · · Score: 1

    I really couldn't be happier with the way this is turning out. I hate spam as much as the next guy, but all of this is leading to a lot of legislation I'm not sure I want there. Thats a matter of opinion and I don't truly want to debate. What IS true here without a doubt is that many spammers are engaging in illegal activities in addition to spamming. Spammers are BAD people and there are things they deserve to go to jail for other than that.

  63. A good samaritan goes down... by Humorously_Inept · · Score: 1

    All he ever wanted to do was help you improve your sex life, get a great deal on a mortgage, and improve your job prospects with an instant Ph.D. from the University of Southern Uganda. Now look at how we shun this man among men.

    --

    ~Someday, I hope to be an aspiring author.
  64. Can I post now... by Anonymous Coward · · Score: 0

    or am i still banned?
    hrmmmm...

  65. Good by Satan+Dumpling · · Score: 1

    /me applauds the jury.

  66. s'ok by billimad · · Score: 1

    I run aberdeen angus and was completely unaffected by this.

  67. One word: by Spudley · · Score: 0

    Good.

    --
    (Spudley Strikes Again!)
  68. CUT HIS BALLS OFF by Anonymous Coward · · Score: 0

    no really

  69. no more mail. by theirishman · · Score: 1

    looks like no more mailing for me.. :(

  70. Good way to get the spammers by genkael · · Score: 1

    Wouldn't it be considered fraud to make an email appear from someone other than the real sender or on behalf of the real sender? It is theft to steal or hide behind another persons ID as your own.

    --
    GeneralKael -- Slacker Extraordinaire
  71. Jail? by Anonymous Coward · · Score: 0

    Kill them all! C'mon!

  72. And there was much rejoicing.... by m2bord · · Score: 1

    YEA!!!

    --
    Is it 5:30 yet?
  73. The black sheep of the family. by hanssprudel · · Score: 1


    "Why can't you be more like your brother John, Harold? Simulating bloody massarcres and building amateur ICBMs: that's normal! The viagra adds in the neighbors mailboxes have to stop!"

  74. Sheesh, what a weak article by fair_n_hite_451 · · Score: 1

    No mention of what the counts were (other than the vague mention of being related to identity theft) exactly.

    Is this precedent setting for spam cases, or is this just more case law for identity theft?

    No link for further details...if I didn't know better, I'd suggest it was written by a regular Slashdot commenter who couldn't be bothered to do any more leg work to support their point.

    So, any one know of a link for more information?...

    --
    Reason why there is hope for the future generation #364:
    "I wish my grass was emo so it could cut itself."
  75. Stick him in a corner! by Anonymous Coward · · Score: 0

    They should put this guy in a small cell with nothing but a TV and a bed, and force him to watch nothing but annoying commercials all day long. At the end of a long day of being berated by advertisements for things he doesn't want or can't use, he'll look forward to 'lights out' - until they start piping the radio commercial network into his cell. Until he's been the recipient of 800 million plus useless advertisements, justice has not been served.

  76. Finally by Anonymous Coward · · Score: 0

    ...some folks seeing jailtime for causing my delete key to wear out early!

  77. Get these l0s3rs any way you can. by evdp · · Score: 1

    I'm glad they got this guy, I hope this is a preview of things to come!

  78. Could it be.. by ernstp · · Score: 1

    ..a second for every spam mail he sent?

  79. Rats by Anonymous Coward · · Score: 0


    I thought his name was 'Carnack,' for those old enough to remember when Johnny Carson was host of the tonight show.

    Was gonna say he shoulda seen this comin'.

  80. Had to be said... by axis-techno-geek · · Score: 1
    "Tatonka"

    --
    This is not the sig line you are looking for... -- Old Jedi Sig Line Trick
  81. Good! by SirFozzie · · Score: 1

    Now I wonder if Snotty Scotty Richter is worried.. He Should Be

    --
    People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
  82. Mmmmm... by 14erCleaner · · Score: 1

    Buffalo spam...yummy...

    --
    Have you read my blog lately?
  83. I'll be impressed... by FrYGuY101 · · Score: 1

    when spammers get the same penalty as Virus writers.

    What... you mean they weren't serious about the death penalty? Maaaan... why you gotta be teasing us like that!

    --
    "If we let things terrify us, life will not be worth living."

    - Seneca
  84. Sweet by Anonymous Coward · · Score: 0
    soon to be Buffalo "Federal Pound Me In The Ass" Spammer. Don't drop the soap, dude. Hope you got that penis enlargement done prior to incarceration.

    We need more of these prosecutions. Many more.

  85. Inbox Clorox says... by JeremyFlavored · · Score: 1

    lock it up...throw away the key

  86. Another example of old laws still relevant today by hpulley · · Score: 4, Insightful

    Often here we see that new technology doesn't necessarily require new laws. Arresting and charging a spammer using someone else's identity to avoid being caught and held responsible is a good way to round these people up. It avoids the free speech issues completely.

    --
    $#!^ happens, but why does it always have to happen to me???
  87. So now by iminplaya · · Score: 1

    We have to pay for his bed, three squares, and medical bills, etc.? Instead of taking his property and garnishing his income for many years for a net profit for the state? Highly illogical, and very emotional. Ah, sweet revenge. Ain't it beautiful?

    --
    What?
    1. Re:So now by chuckgrosvenor · · Score: 1

      yes, but he has an $18 million dollar settlement against him as well, so I doubt he'll have much property left to confiscate.

    2. Re:So now by iminplaya · · Score: 1

      Doesn't matter. Take it anyway. Whatever he's got. How much more do we have to pay to keep him alive? If he was out, possibly with an electronic "dog collar" that says "I'm a crook"(public ridicule(sp) is powerful stuff), any money he makes afterword could go to better use, if was it were to be garnished, leaving him with just enough to stay at some fleabag SRO(single room occupancy) hotel in the slums somewhere. Deny him any kind of welfare and let him rot on his own, if that's way he wants to play it. He would probably feel safer in jail. We need to use the jails for truly dangerous people. Property crime is just too petty for it.

      --
      What?
  88. Good Riddance! by justkarl · · Score: 1

    In the words of an X-man:
    'Nuff said.

  89. so he.. by Anonymous Coward · · Score: 0

    stole someone's identity and got time for it? What's the interesting part, that he happened to do it for the purpose of spamming? Doesn't seem like big news, really.

  90. hahaha by Anonymous Coward · · Score: 0

    Spammers Die! FP!

  91. FP by Anonymous Coward · · Score: 0

    FP hahaha

  92. where the fuck.. by Anonymous Coward · · Score: 0

    ..is the first post?!

  93. Not Surprising by RazzleFrog · · Score: 1

    As has been said a million times it will be hard to convict somebody for spamming but it is a lot easier to get identity theft and good old fashioned fraud to stick.

  94. At least something happened by davidmcn · · Score: 1

    I'd rather see him get busted for actually spamming, but if its his low-down and dirty tactics for doing the spamming that got him busted, then Kudos to law enforcement for catching him.

    --
    Memories become legend, Legend fades to myth, and even myth is forgotten by the time that age comes again.-Robert Jordan
  95. Notice what they did not say... by BostonRob · · Score: 1

    ...and that was to not kill him!
    http://slashdot.org/article.pl?sid=04/05/27/1356 234&mode=thread&tid=123&tid=98&tid =99

    --
    Big Dig-ing until the money is gone...
  96. Hmmm by Analise · · Score: 1

    So does that imply that you can't take someone to jail for spam? Or was it just easier to convict him on identity theft charges? 800 million...*boggles*

    --
    >insert witty sig file here
  97. Go figure. by Mick+Ohrberg · · Score: 1

    As long as spamming is profitable to SOME person in power, it will continue to dodge the legal obstacles people try to set up for spamming. However, it was good that this guy got bagged in SOME manner, even if it was not directly related to spamming per se.

    --

    Quidquid latine dictum sit, altum sonatur.

  98. First Buffalo Spam! by Anonymous Coward · · Score: 0

    and it sure is red hot!

  99. Well... by Anonymous Coward · · Score: 0

    GOOD.

  100. Ouch... by JediTux · · Score: 1

    Hope he's got a good firewall, cause I have a feeling he'll soon be penetrated.

  101. first post! by Anonymous Coward · · Score: 0

    oh ya!

  102. The good news for him by unassimilatible · · Score: 1
    Is that he can find out first hand if any of his fellow prison residents have purchased his penile-enlargement or impotence products!

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
  103. Great by Anonymous Coward · · Score: 0

    Good now we can spam using his name

  104. If we are lucky by bleh-of-the-huns · · Score: 0

    He will get sodomised by big bubba who bought some penis enlargement pills from the spammers spam.....

    --
    I came, I conquered, I coredumped
  105. Buffalo Spammer by soloport · · Score: 1

    Buffalo Spammer won't you come out tonight.
    Come out tonight.
    Come out tonight.
    Buffalo Spammer won't you come out tonight.
    Aaaaaaand...
    Dance by the light of the moon.

    (Argh! Now I have to go take a shower...)

  106. Typical... by fmaxwell · · Score: 1

    There is something wrong when one has to resort to "identity theft" laws in order to jail someone for sending out over 800 million spam e-mails.

    But, this trial and sentencing does prove wrong the commonly voiced arguments that anti-spam laws can't work because it will be impossible to catch spammers and because they are outside of the U.S. This guy spammed. He was in the U.S. He was caught, tried, and jailed. The only flaw is that they didn't have an anti-spam law under which to prosecute him.

  107. Easier to prove, and keeps him off the streets by billstewart · · Score: 1
    It's probably a lot harder for them to collect evidence on the spam and verify that it violates YOU-CAN-SPAM. Since there was well-defined crime here, it's probably just fine that they go after him for it.

    Theoretically the people whose identity was stolen should be able to sue him for fraud / defamation of character / etc., but it's not likely that he's got huge quantities of money around if he's paid Earthlink any of the $16M civil judgement they got.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  108. Oi! by Anonymous Coward · · Score: 0

    Hopefully his cellmate hasn't been ordering the penis enlargement pills his stupid ass has been peddling.

    Hang 'im high.

  109. No more first post spamming? by Anonymous Coward · · Score: 0

    Excellent, now people might stop spamming first posts.

  110. New Movie by bubba_ry · · Score: 1

    Script snip from new moview: Silence of the Mail Servers

    Buffalo Spammer: It takes the spam filter off or it gets the hose!!

  111. Ha ha! by Hamstaus · · Score: 1

    I think I speak for everyone when I say, SUCK IT DOWN, BIATCH! I'll be sure to hang up on you when you phone me from your new telemarketing job in prison, for $0.35/hr.

    Or better yet, I'll keep you on the line and ask you if you want a free University diploma!

    --
    I moderate "-1, Fool"
  112. identity theft? by Anonymous Coward · · Score: 0

    Did he steal John Carmack's identity?

  113. Is he a dreadlock spammer? by licamell · · Score: 1

    Buffalo soldier... dreadlock rasta

  114. Yay!!! by Anonymous Coward · · Score: 0

    Welcome to federal-pound-you-in-the-ass prison, Spammer!!!!

    -j

  115. I look forward to finding out... by Anonymous Coward · · Score: 0

    ...where spammers fall on the prison pecking order. Will they be considered "beneath" rapists and child molesters, and subject to beatings and forced salad-tossings? Let's hope so!

  116. Earthlink by squidfrog · · Score: 3, Informative

    Here's the original Earthlink case.

  117. In this case I sure hope. by Anonymous Coward · · Score: 0

    That Buffalo Spammer gets put in the same cell as Buffalo Rammer.

  118. Not For Spamming by shadowcabbit · · Score: 1

    The article says he got the sentence for identity theft, not spamming. So while we can't execute him, we can blame him for those asinine CitiBank commercials with the overdubbed voices.

    --
    "Why Subscribe?" Good question...
  119. Shot across the bows by tttonyyy · · Score: 1

    Ah, here we go. Cue the threads about how this is not a global solution and won't make any difference in the long run.

    But... like it or not, the RIAA seem to have scared would-be mp3 swappers off the P2P networks with their heavy handed tactics - perhaps this will at least make would-be spammers think twice?

    --
    biopowered.co.uk - catalytically cracking triglycerides for home automotive use since 2008. Just say no to big oil!
  120. Carmack by Anonymous Coward · · Score: 0

    1. Change surname to carmak
    2. ...
    3. Go to jail / profit / make rocket ships

  121. The real punishment by Anonymous+Custard · · Score: 1

    He gets to use email in prison, but instead of using spam filtering software, he can only use the opt-out link at the bottom of each message.

  122. well... by Anonymous Coward · · Score: 0

    I bet he doesn't want to help his mates there to increase their penis size.

  123. aww yea by Anonymous Coward · · Score: 0

    first post!

  124. yes by Anonymous Coward · · Score: 0

    woo hoo !!

    next

  125. How much did he get for Dai-Katana? by Anonymous Coward · · Score: 0

    Oh, wait, that's a different Carmack.

  126. Dude. by bigattichouse · · Score: 1

    When you engage in illegal or unethical activity, it becomes easier and easier to do slightly more unethical/illegal things until you're doing really STUPID things, and get caught. I would laugh at him, but I'mm better than that ... no, no I'm not.. hahahaha - dork.

    --
    meh
  127. One down... by DeathPenguin · · Score: 1

    This is stupid. Do people actually think that sentencing one guy to jail will deter the other thousands of spammers, many of whom aren't even subject to the same laws?

    Even if it does succeed on a measurable scale, it'll just make those remaining to send spam that much richer.

    1. Re:One down... by hattig · · Score: 1

      Unfortunately a few major spammers that always hit my email addresses with a few hundred spams a day has now fixed their clocks on their computers, so instead of getting spams in the future that I could easily delete en-masse, now it is merged with the normal e-mail. Grr.

      > These spam operations consist of an estimated 500-600 professional
      > spammers loosely grouped into gangs ("spam gangs"), the vast majority of
      > whom are operating illegally

      Just think what 600 bullets could do to the sanity of the Earth's population.

  128. Yay! by Ratfactor · · Score: 2, Funny


    Anytime, anywhere, when a spammer gets jail time, a death sentence, raped, shot, stabbed, beaten, pursued by goblins, eaten by robot men or robot dogs, burned, molested by snakes, bitten by wolves, dipped in acid, exsanguinated, trampled by cattle, or lost at sea...

    ...Ratfactor smiles!

  129. say what you will of NY... by WebMasterJoe · · Score: 1

    Say what you will of New York, but that Elliot Spitzer gets things done. He'll be getting my vote when he's up for reelection.

    And I'm not surprised that Howard Carmack is in Buffalo. There isn't much to do there unless you like cold weather and hanging out at Wal-Mart. At least he had a hobby!

    --
    I really hate signatures, but go to my website.
  130. No surprise by stratjakt · · Score: 1

    Identity theft is a bigger crime than sending unsolicited emails.

    Too bad the identity he stole didn't happen to be a cops, then he could face federal time for civil rights violations.

    --
    I don't need no instructions to know how to rock!!!!
  131. Prison Byotch by 1hockeydad · · Score: 1

    Prisoner: What are you in for? Spammer: Uhhh sending spam, what are you in for? Prisoner: Rape, and I'm really going to enjoy you, since I started using my new pecker enlarger and viagra.

  132. trttttttt by Anonymous Coward · · Score: 0

    tis may or may not amke fp

  133. Huh? by Parker703 · · Score: 1

    What? No death sentence?? Damn!

  134. His Inbox by nosphalot · · Score: 1

    Looks like he'll have to get used to his inbox being filled up on a regular basis.

  135. How he got caught. by Valejo · · Score: 5, Informative
    1. Re:How he got caught. by goodhell · · Score: 1

      hmmm. What an asshole!

      "He was accused of assuming the identities of his own family members and innocent third-parties to obscure his own identity."

      When you really don't want any friends....

  136. hang'um high! by Anonymous Coward · · Score: 0

    ya gotcherself a lynchin!

  137. Sounds like a salt-of-the-earth kinda guy to me... by 59Bassman · · Score: 1

    Prior conviction for fraud, stealing identities to send out 800 MILLION e-mails. Hope he doesn't drop the soap...

  138. Scumbag by goodhell · · Score: 1

    Well, he's a felon for doing fake money orders, and then he gets involved in identity theft. He gets caught on both accounts. Not a smart spammer.

    Not only that but he lost a suit to Earthlink for $16 million.

    I'm glad they're starting to do something about spammers (although this is starting off with the identity theft). Does anybody know about the other case versus earthlink?

    I hope this is a start to shutting these people down. Yeah I know wishful thinking, but I hate to see such a useful tool get shut down because a few greedy assholes.

  139. fp by Anonymous Coward · · Score: 0

    first post bitches

  140. More proof... by pen · · Score: 1
    This is more proof that most "new" crimes can be adequately prosecuted with existing legislation.

    --
    QDB.us

  141. One Down, 199 More to Go by Junior+Samples · · Score: 1
    The New York State case followed a civil suit against Carmack by EarthLink that resulted in a US$16 million award against Carmack in May, 2003
    I wonder if Earthlink will ever collect any of the 16 million, but it's good to see that the spammer will be getting some jail time. I hope he has a good time with his cell mates.
  142. Working yet? by Mz6 · · Score: 1

    Working yet?

    --
    Hmmm.
  143. Enjoy your time..... by Spandau87 · · Score: 1

    and don't drop the soap!

    --
    This Space for Rent.
  144. In other news.... by SirPhreak · · Score: 1

    Quake 4 pushed back 3.5 to 7 years

    errrrrrr wait...

    --
    ------------------------------ SirPhreak - "It's Thinking..."
  145. Too bad.. by Anonymous Coward · · Score: 0

    Who would have thought those penis enlarging pills would come back to be such a pain in the ass?

  146. fp by Anonymous Coward · · Score: 0

    not for mercatur

  147. POSTING ISSUE by Anonymous Coward · · Score: 0

    There seems to be a posting issue.

  148. Carmack in jail? by jgerry · · Score: 1

    Shit, now they're never going to release Doom 3.

  149. SP!!!! by Anonymous Coward · · Score: 0


    # Read other people's messages before posting your own to avoid simply duplicating what has already been said.
    # Use a clear subject that describes what your message is about.
    # Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page)

    Problems regarding accounts or comment posting should be sent to CowboyNeal.

  150. No posts? by Anonymous Coward · · Score: 0

    Have never seen an article go so long without a response.

    1. Re:No Posts? by TwistedSquare · · Score: 1

      Hmmm a slashdot oddity occurred it seems, this story really was showing no posts..

  151. Doing time by Anonymous Coward · · Score: 0

    Is he allowed to use computer in jail? Radio? Electric toothbrush?

  152. Time to Celebrate!!! by Anonymous Coward · · Score: 0

    Hopefully the first of many!

  153. One down, thousands to go by Anonymous Coward · · Score: 0

    Will he have e-mail access there? Is there an adress?

  154. Good. Let's just keep in mind that... by igrp · · Score: 1
    ... this had, as the the article and the blurb mention, nothing to do with the federal CAN SPAM Act. It was rather based on the NY state attorney general's office pursuing the case (rather aggresively, if I may say so).

    What the article doesn't mention is that Carmack was also indicted and convicted on 14 counts of forgery and falsifying business records.

    Again, it's important to note that the conviction had little to nothing to do with him spamming or his using any electronic form of communication at all but rather with his business practices (of course, that didn't stop both the court and the prosecution to use this case to send a clear message to other spammers).

  155. It's about time by Constantin · · Score: 1

    However, it's also the end of an era. Todays US spammers are pretty much out in the open, with a few big boys on top, and a multitude of hungry hordes prowling below. On the other hand, it's nice to see folks like Ralsky do some time considering the vast economic damage they're inflicting.

    Going forward, the indictments in the US mean that spammers will go abroad, work from abroad, and stay abroad to stay out of the clutches of the US law enforcement officials. Eventually, even the more backward legal systems will identify spam as bad business and move to stop them. However, considering the pace at which legal systems change vs. the speed at which spammers adapt, I'm not holding my breath.

    From what I can tell, the spamming rings have already adopted new techniques, such as using compromised Zombie-farms of virii-infected computers to send their wares instead of a "real" server. Tracking down the guilty under such circumstances will be a much greater challenge for folks like Spitzer, pareticularly if the operations the spammers are spamming for are abroad as well.

    I can only hope that this arms race between those who want to use e-mail as the legitimate tool it is and those who want to abuse it will hopefully come to a good end. However, I'm not holding my breath. Considering the vast sums of money a little spam can generate, there simply is too much incentive to find ways around blocks, identification schemes, and other ideas floating out there.

    Pity.

  156. Yeah by hydr4asw0rld · · Score: 1

    And I hope he gets what's coming to him while he's in jail too

  157. Only 3.5-7 years? by KenBot_314 · · Score: 2, Funny

    I would think he should get longer... I mean.. if for nothing else, just for principle!

  158. This can only be by azav · · Score: 1

    the start of something good.

    The precedent has been set!

    Now let's get the rest!

    --
    - Zav - Imagine a Beowulf cluster of insensitive clods...
  159. Bah! by wintermute740 · · Score: 1

    What we need to nail the spammers with is spam laws! It's good to see one less spammer out there, though. Not that it'll make a difference.

  160. Frosty by Anonymous Coward · · Score: 0

    piss?

  161. Deterrence? by omahajim · · Score: 1

    How much really is this a deterrence to other spammers? The extent of public commitment, investigation, and expenditure to bring these types of cases to trial is so enormous, that I see it unlikely to happen against the midsized or small time spammers. The very few big fish that are netted with this judicial approach, will be quickly replaced by the small timers looking to make their mark in the field.

    While I applaud the sentencing, I don't think it will make much of a dent in the overall problem. Fixing SMTP might. But I could be wrong.

    --
    sign here please

  162. I see in the very near future.... by Anonymous Coward · · Score: 0

    "pound me in the ass prison" jokes

  163. That's good to hear. by WaterDamage · · Score: 1

    Great, now he will run his operation from prison at the tax payers' expense. There's a good chance he will teach those idiots in the big house how to spam too in exchange for a pack of cigarettes and soap-on-a-rope and make millions in the process.

  164. Worth it? by Huxley_Dunsany · · Score: 0
    "Buffalo Spammer"?

    Is there really that much money in spamming buffalo?

    Huxley

    PS Please forgive me, I just couldn't help myself...

    Of course, that makes one wonder - buffalo spam? Hey, for all we know, spam's been made of buffalo since WWII! Mmmm... buffalo...

  165. FORST PIST by Anonymous Coward · · Score: 0

    read topic

  166. Makes sense by mr.mighty · · Score: 1

    A lot of spam seems to violate pre-existing laws. If we dealt with those cases, I think most of the worst stuff would disappear pretty quickly.

  167. I think this is nothing less by Anonymous Coward · · Score: 0

    than what he desevers . I also got my indeitie stolen by spammers. hand themm all

    Roberto rosti

  168. Real time by JThundley · · Score: 1

    So what's the real amount of time that he will be locked up? I hear that being sentanced to life can be shortened to 7 years with good behavior and the like.

  169. Wonder where he'll be in the prison hirearchy... by i.r.id10t · · Score: 1, Funny


    There was all kinds of mean, nasty and ugly-lookin' people on the bench there
    --there was mother rapers--father-stabbers, father-rapers! FATHER-RAPERS
    Sittin' right there on the bench next to me!

    And they was mean and nasty and ugly and horrible and crime fightin' guys were
    Sittin' there on the bench, and the meaniest, ugliest, nastiest one--the
    Meanest father-raper of them all--was comin' over to me.

    And he was mean and nasty and horrible and all kinds of things, and he sat
    Down next to me. He said, "Kid, what'd you get?"

    I said, "I didn't get nothin'. I had to pay fifty dollars and pick up the
    Garbage." He said, "What were you arrested FOR, kid?" and I said,
    "Litterin'."

    And they all moved away from me on the bench there, with the hairy eyeball and
    All kinds of mean, nasty things, till I said, "And sending hundreds of thousands of unwanted email message...."

    And they all came back, shook my hand and we had a great time on the bench
    Talkin' about crime, mother-stabbin', father-rapin', --all kinds of groovy
    Things that we was talkin' about on the bench, and everything was fine.

    --
    Don't blame me, I voted for Kodos
  170. Good. by morgajel · · Score: 1

    Let me be the first to say it:
    Burn you miserable piece of shit.

    I hate spammers, and the fact that this numbnut actually stole someones identity to do it... He deserves what he gets.

    --
    Looking for Book Reviews? Check out Literary Escapism.
  171. Primero Piosto by Wayne247 · · Score: 1

    One spammer less, two millions to go!

    This will never succeed.

  172. HAHAHAHAHAHA.... (gasp)... by still_sick · · Score: 1

    .... AHAHAHAHAHAHAHAHAHAHAHAHAHAHA....

    Beautiful - hope this is the start of a trend.

    --
    ...Also, I didn't know Buggalo could fly.
  173. arrest me by Anonymous Coward · · Score: 0

    i'm a hoe

    signed - your mom.

    am i going to get arrested now?

  174. for buffalo by Anonymous Coward · · Score: 0
    FP FOR BUFFALO!

    because buffalo SUCKS!

  175. w00t by Anonymous Coward · · Score: 0

    lamer first post yay.

  176. mod up the coward! by Anonymous Coward · · Score: 0

    Buffalo spammer gets 3.5 to 7 years
    IDG News Service 5/27/04

    Paul Roberts, IDG News Service, Boston Bureau

    A New York man convicted of using the network of Internet service provider EarthLink Inc. to send out hundreds of millions of unsolicited commercial (spam) e-mails was sentenced to between three-and-a-half and seven years in prison Thursday, according to Brad Maione, a spokesman for New York State Attorney General Eliot Spitzer.

    Howard Carmack of Buffalo, New York, also known as the "Buffalo Spammer," was sentenced by senior Erie County Judge Michael D'Amico in Buffalo. The sentence is the first obtained following a conviction using the state's identity theft law, Maione said.

    Carmack was found guilty in April by a jury in Erie County, New York, on 14 counts, including charges that he stole the identity of two Buffalo-area residents, which he then used to send out more than 800 million spam messages, the attorney general's office said.

    The New York State case followed a civil suit against Carmack by EarthLink that resulted in a US$16 million award against Carmack in May, 2003.

    EarthLink cooperated with the Attorney General's office in its investigation and testified against Carmack in the criminal case, according to New York Assistant Attorney General Paul McCarthy.

    The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.
    Paul F. Roberts is U.S. correspondent for the IDG News Service.

  177. fp! by Anonymous Coward · · Score: 0

    frist post son!!! gg

  178. Buffalo? by brunson · · Score: 1

    I thought spam was mainly pork.

    --
    09F911029D74E35BD84156C5635688C0
    Jesus loves you, I think you suck
  179. Well, whatever... by Farrside · · Score: 1

    ... it takes to put them behind bars!

  180. SUPER! by Sheepdot · · Score: 1
    That's great. But I didn't get too many emails about the Buffalo wings. And besides, he took my name of his list when I asked him to.

    What can you do about the "Viagra spammer" and the "Enlargment spammer"?

  181. Let me be the first to say... by Randolpho · · Score: 1

    THANK GOD!!!

    Sometimes ya gotta get Al Capone for tax fraud rather than murder. But you still got him.

    I hope spammers around the world take not and tremble in their boots.

    --
    "Times have not become more violent. They have just become more televised."
    -Marilyn Manson
  182. Fantasy scene... by Shoten · · Score: 4, Funny

    Carmak, in his jail cell for the first night of his long sentence, with "Tyree," or "Bubba," or whoever; specifics are not important, just that the individual is large, mean, and notoriously maladjusted. It is now lights-out, and quiet falls over the prison.

    As Carmak cowers under the covers of the lower bunk...

    "I bet you don't want ME to have a bigger penis now, do you, boy?"

    --

    For your security, this post has been encrypted with ROT-13, twice.
    1. Re:Fantasy scene... by Carmody · · Score: 1

      This was the funniest response I have ever read on Slashdot.

      --
      God is real unless declared integer
  183. Sounds good to me by LordZardoz · · Score: 1

    The max sentence is a bit much, but 3 or so years for what he did sounds more then adequate.

    Spamming is a pain in the ass, and this guy did use shady means to actually begin his spamming.

    Do you think this guy is likely to re-offend on release? I doubt it.

    END COMMUNICATION

  184. Unemployed... by dbleoslow · · Score: 1

    There goes the last available job in Buffalo.

  185. A song... by Mephie · · Score: 1
    In the tune of "Buffalo Gals":

    Buffalo Spammer gonna get jailed tonight, get jailed tonight, get jailed tonight!

    Buffalo Spammer gonna get jailed tonight, ha ha, go to hell!

    Thank you, I'm here all week.

  186. Yeah by Anonymous Coward · · Score: 0

    About Fing time.

    FP

  187. Good by Paladine97 · · Score: 1

    When is the execution?

  188. Imagine That! by blunte · · Score: 1

    A spammer had a prior felony conviction!?

    --
    .sigs are for post^Hers.
  189. Spam in a can by mks113 · · Score: 1

    Now he ain't nothin but spam in a can. Or is it *the* can.

    M

  190. pirst fost by Anonymous Coward · · Score: 0

    pirst fost

  191. Proud to be from Buffalo by Anonymous Coward · · Score: 0

    How proud am I to be from Buffalo New York? *Wipes tear from eye* First the Unabomber, then Oklahoma and the the Lackawanna 6, and now this! There must be something in the water supply ... I am going to go do something stupid now. Go Bills!

  192. death to spammers by Anonymous Coward · · Score: 0

    woo hoo! first post!

    death to spammers!!

  193. arrest me by m_c0upe · · Score: 0

    i'm a hoe signed - your mom. am i going to get arrested now?

  194. Damn Right by Ieshan · · Score: 1

    I was the original "Buffalo Spammer", and he outrageously stole my nickname.

    The nerve of those people. The nerve.

  195. Identity by j0hnfr0g · · Score: 1

    stealing someone's indentity, which he then used to launch his spam messages

    How long until we find out that the real spammer used Howard Carmak's identity to spam and is still on the loose?!?

  196. Good by Anonymous Coward · · Score: 0

    Good

  197. So... by Tuxedo+Jack · · Score: 1

    What does this mean for the millions of Trojaned Windows boxes whose "owners" are sending out spam by the truckload? Can they prosecute by IP address ownership a la the RIAA?

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
  198. Lack of comments by tttonyyy · · Score: 1

    Hmm... judging by the recent lack of comments the /. server could be full. First slashdot effect (ish) home goal? :)

    --
    biopowered.co.uk - catalytically cracking triglycerides for home automotive use since 2008. Just say no to big oil!
    1. Re:Lack of comments by mks113 · · Score: 1

      And everyone with moderator points saw the opportunity for FP and lost their chance to mod up some outrageously great comments!

  199. I think the bulk of spam these days by robslimo · · Score: 1

    is sent by people who could be jailed for illegal/unauthorized access to someones computer (refering to the zombies that launch so much of it now).

    If only we could catch them and prove it...

  200. Excellent by Anonymous Coward · · Score: 0

    I have no pity for scum like this. I'd make him pay back every penny he earned as well.

  201. Howard Carmak by Anonymous Coward · · Score: 0


    Good. Now maybe he'll have time to finish Doom 3.

  202. Truly a first post! by Anonymous Coward · · Score: 0

    It's been over 5 minutes since I saw this appear on /. and no one has posted so it's up to me. :)

    Now, for the more serious point: good. The guy deserves it. A flogging would be even better but I'm sure some on here would complain that the punishment is too harsh for the crime.

    I've often wondered why spammers can't be prosecuted under various state/federal laws regarding using a false identity or offering goods/services under false pretenses.

    Maybe someone who IAL can enlighten us on this matter.

  203. Come again? by Anonymous Coward · · Score: 0

    Although the headline claims the man was convicted for "spamming activities", this case actually has little to do with laws against spamming. He was convicted of "identity theft", not "spamming", just like anyone else would have been convicted. It just so happens that he's a spammer and the reason why he was caught was because he was being investigated for spamming. Remember, Al Capone wasn't convicted on his mafia ties, he was convicted on tax evasion.

    Subtle, but different. I'd have preferred he had been convicted on the spamming part itself.

  204. He was a buffalo spammer! FP! by Anonymous Coward · · Score: 0

    hOw does that bob marley song go? first post goatlickers!

  205. this is so gonna be redundant.... by CdBee · · Score: 1

    I guess the court didn't read the slashdot solution to dealing with spammers?

    --
    I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
  206. Cue the prison rape jokes. by Anonymous Coward · · Score: 0

    But it isn't funny.

    It's cathartic, but it's not funny.

    Stop Prison Rape.

    1. Re:Cue the prison rape jokes. by Anonymous Coward · · Score: 0



      > It's cathartic, but it's not funny.

      When it happens to a spammer, *it's funny*.

      Or is it ironic?

      Guy sends millions of "get a big cock" emails, ends up looking like goatse guy.

      Is that irony?

      Alanis?

      Bueller?

    2. Re:Cue the prison rape jokes. by Anonymous Coward · · Score: 0

      You correctly identified irony, so I assume you're not from North America.

  207. Don't spam the buffalo by carlos_benj · · Score: 1

    First we try to drive them to extinction and now they're being targeted for spam. I bet they wish they really did have wings so they could fly away from all of this.

    --

    --

    As a matter of fact, I am a lawyer. But I play an actor on TV.

  208. Social Conventions and the Law by Phantom_of_the_Opera · · Score: 1

    If I were to go out into the street with a megaphone at 3 am and yell random, annoying things, I would soon be arrested for disturbing the peace. There are laws against being annoying.

    Those laws would seem to butt heads with laws protecting freedom of expression, but there are clear cases when a person is merely being annoying and cases where a person clearly is speaking out. The weaknesses of law show through in the edge cases.

    Forging an email address to send spam is clearly not an edge case. The interesting cases will be bulk mailings by political partisans.

    The laws are written not because of some philosophic ramblings, but because people want them there in order to live comfortable orderly lives.

    1. Re:Social Conventions and the Law by benhocking · · Score: 1
      The interesting cases will be bulk mailings by political partisans.

      Presumably, these are bulk mailings being sent out by one politician spoofing as the other. At least I know that a bulk mailing would be the surest way to turn me against a particular candiate.

      --
      Ben Hocking
      Need a professional organizer?
  209. RTFA by gerddie · · Score: 1
    In the article it reads
    including charges that he stole the identity of two Buffalo-area residents
    - so I would guess, he was convicted because of spamming and identity theft. Maybe the spamming only penalty would not have been so high.
  210. It's a just sentence... by Anonymous Coward · · Score: 0

    ...if those 3.5 to 7 years are spent hanging by his balls.

  211. not for spamming by crayiii · · Score: 1

    too bad he didn't get sentanced for spamming...

  212. Spam and fake money orders by Lord+Zerrr · · Score: 2, Informative

    Seems he also had prior felony for fake money orders.

    "The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said."

    --
    "If the facts don't fit the theory, change the facts." -Albert Einstein
    Karma? There's a serial modder out there.
  213. Goodbye. by dasMeanYogurt · · Score: 1

    I wonder if he'll regret selling penis enlargment pills while the good 'ole boys in the pen are breaking him in.

    --
    --Gentoo Baby!
  214. Buffalo Spam Recipe by 14erCleaner · · Score: 1
    1. Take one pound of Spam, cut into 1/2" square by 1" long pieces.

    2. Place spam strips and 1 cup Louisiana-style hot sauce in a bowl. Mix until strips are coated.

    3. Place strips on a baking sheet, leaving at least one inch between strips.

    4. Bake at 400 degrees for 5 minutes or until they start to smoke.

    5. Serve with toothpicks, beer and televised sports.

    --
    Have you read my blog lately?
  215. first post? by Anonymous Coward · · Score: 0

    is this my first first post?

  216. 3 to 5 Years? by copponex · · Score: 1

    I'm really glad I can rape a child or murder someone and serve the same sentence as someone who abuses the e-mail system.

    America, home of the free! Well, as long as you're violent and sexually repressed.

    (Yes, I live in America, and no, I don't hate it.)

  217. What a surprise. by AKnightCowboy · · Score: 1

    I usually thought of spammers as such nice honest, wholesome people. Who would've ever thought one of them would be involved in such blatantly illegal activities like identity theft? Next thing you're going to tell me spammers are involved with hijacking home machines via worms and trojans to use as spam relays. *rolls eyes*.

  218. That's the first step.... by the_argent · · Score: 1

    Now someone start a rumour in the jail that he was peddling child pornography too. Let him get a nice warm welcome.....

  219. First? by Anonymous Coward · · Score: 0

    First? Whooohoo!

  220. Hang 'em High by Anonymous Coward · · Score: 0

    Can't we fast-track the death-penalty idea (from a Slate article mentioned in a earlier article) and make an example of this fella?

  221. Woo hoo! by TheBadger · · Score: 1

    Well, lets hope that sends a message to the rest of the US spammers out there!

    Most of the spam I get is related to American Products... include home finance and cheap Canadian drugs.

    Why send products that are only available to US citizens to .co.uk addresses?!? Muppets!

  222. good by Anonymous Coward · · Score: 0

    good

  223. Buffalo Spam? by Rupert · · Score: 1

    INCREASE THE SIZE OF YOUR |3UFFAL0 3.5 TO 7 YEARS!
    MAKE BISON FAST!

    --

    --
    E_NOSIG
  224. test? Slashdot not accepting posts today? by Anonymous Coward · · Score: 0

    Hmmm.

    I coulda sworn I got a confirmation my post went through. Oh. well.

  225. Spammers ... by Anonymous Coward · · Score: 0

    ... are like ricers. They think people actually care about their shit.

  226. So... by Tuxedo+Jack · · Score: 1

    What does this mean for the millions of Trojaned Windows boxes whose "owners" are sending out spam by the truckload? Can they trace it and prosecute via IP addresses and ad campaigns?

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
  227. buffalo spammer by Anonymous Coward · · Score: 0

    now that hes in jail, does he know that he can increase his penis size by 20%?

  228. Jail as a deterrent to spamming? by tribulation2004 · · Score: 1

    While I applaud the conviction, I wonder if this will really serve as a deterrent to other spammers given that he wasn't convicted for spamming, but rather for identity theft - or is spamming always tied to identity theft (vs. using a fictitious identity)?

    I suppose that if all spammers are also guilty of identity theft, then this is good news (although wouldn't a fraud conviction carry a greater sentence though?).

  229. Like Al Capone for Tax Evasion.... by TheAngryMob · · Score: 1

    It may not be the main crime he's guilty of, but at least it gets him off the streets (or 'Net).

    Good riddance.

    --

    Don't just game, Dungeoneer
  230. Thats a bit harsh by Timesprout · · Score: 0

    For impersonating a buffalo

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  231. spam or free speach? by Saeed+al-Sahaf · · Score: 1
    "Interestingly, the conviction was not for spamming per se, but rather stealing someone's indentity, which he then used to launch his spam messages."

    That's because as of yet there are really no laws against sending email. You may think it's spam, but really it's just somewhat objectionable free speach.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:spam or free speach? by jfengel · · Score: 1

      The MAY^H^H^HCAN-SPAM act does make sending certain emails against the law. I believe that this guy's activities predated the CAN-SPAM act, so it's not relevant.

      Trying to hide your identity when sending commercial email is one of the things made illegal by the act. It was illegal already, but law has always been something of a patchwork.

  232. FP by Anonymous Coward · · Score: 0

    but I think a thousand people are also trying to do it at the same time...

  233. About time. by BeeRockxs · · Score: 1

    But I guess this won't really discourage spammers from spamming, but from identity theft.

  234. So long jackass ... by molarmass192 · · Score: 1

    Hope he gets to meet satisified customers of Cia1is and Viagkra in prison and experience their "joy" first hand. Now if only there was some way we could stick him with the bill for his accomodations rather than having Joe Taxpayer foot it.

    --

    Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
  235. About time by doneagain · · Score: 1

    About time the fool got what he deserved. Hopefully this is the start of a trend.

    --
    Same s**t, different day
  236. His work is going to come back to bite him. by Anonymous Coward · · Score: 0

    It's about now that he's regreting sending all those emails to help men add 2-3 inchs. He'll get to find out first hand how much it helped.

  237. He got off easy! by 00squirrel · · Score: 0

    He got off easy! According to a previous story today, he should be executed!

  238. firstpost? by Anonymous Coward · · Score: 0

    firstpost!Please try to keep posts on topic. Try to reply to other people's comments instead of starting new threads. Read other people's messages before posting your own to avoid simply duplicating what has already been said. Use a clear subject that describes what your message is about. Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page) Problems regarding accounts or comment posting should be sent to CowboyNeal.

  239. al capone don't want me for a sunbeam by thuh+Freak · · Score: 2, Insightful
    "Interestingly, the conviction was not for spamming per se, but rather stealing someone's indentity, which he then used to launch his spam messages."

    cool beans either way, so long as this guy can't continue his evil ways. capone was thrown in jail for taxes, but it kept him from mafia'ing.

    --
    I wish that I was a catfish.
  240. And a guy previously convicted of fraud by Marxist+Hacker+42 · · Score: 1

    Gets convicted of fraud again. At least the system is begining to work. Why am I not surprised that a guy who used to forge money orders now has been stealing people's earthlink accounts to send out spam?

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  241. The icing on the cake. by merdaccia · · Score: 1

    Up to 7 years in jail. $16 million dollars poorer. Now if only one of his *ahem* satisfied customers is his cell mate ... :)

    --

    *blinking cursor*

  242. Let'em Burn by ajax0187 · · Score: 1
    I, for one, am glad to see something like this finally start to happen. Although I have never been a real victim of spam (being paranoid with my email helps), but I've heard many horror stories in which these bastards play a pivotal role. Interesting that he was arrested under a different charge - kinda like Al Capone not being arrested for murder and racketeering, but for tax evasion.

    And just think - since he's the Buffalo Spammer, maybe his fellow prisoners will turn him into...Buffalo Wings!! Eh? Eh?

    Ah, hey, what're you doing?!

    ...Dodges the massive barrage of rotten fruit...

    It's just a bad joke, you bastards!

    --
    "By and large, language is a tool for concealing the truth." - George Carlin
  243. well deserved by Random+Web+Developer · · Score: 1

    they cost more money than most vandals, it's best some of them get caught, and if they do, punish them well to set an example !

    --
    Artists against online scams http://www.aa419.org/
  244. *GIGGLE* by Anonymous Coward · · Score: 0
    Ha ha ha ha ha ha ha ha ha ha ha ha ha


    Fuck you spammer!


    Time to get RAPED BY NIGGERS!!!!!!111

  245. Question by andy666 · · Score: 1

    Has anyone ever served jail time or been fined for spamming ?

  246. ok by Anonymous Coward · · Score: 0

    ok

  247. It puts the email in the basket.... by Filmwatcher888 · · Score: 1

    Or it gets the worm.

  248. Only thing worse.... by FortKnox · · Score: 1

    Only thing worse than a spammer is someone who pushes untested code to a production server. Wonder how much time they'll give someone like that?

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
  249. Identity theft is the more serious crime anyway by Anonymous Coward · · Score: 0

    If someone spams me, it's annoying and I have to spend 1 second hitting the delete key. If someone steals my identity, I have a lot more serious problems than that.

    Saying that "we actually convicted the spammer on identity theft charges" makes about as much sense as "that guy we caught going 75 in a 65 zone, we actually took his license away on drunk driving and vehicular assault charges."

    FIRST POST!!! (doesn't anyone else have anything to say about this story?)

  250. Wanna cyber? by Anonymous Coward · · Score: 0

    I've got my robe and wizard hat.

  251. Make his prison open source! by Anonymous Coward · · Score: 0

    I think the warden would benefit from the solid experience of the Open Source developer community. Their knowledge in the intricate patterns of social culture in penitentiaries and their appreciation of tatoos would make them ideal contributors for such a project.

  252. Don't complain by Raul654 · · Score: 1

    Robert Morris, who wrote the first worm, was convicted of "theft of service" - apparently, he "stole" the CPU cycles his worm used.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  253. Take that! by Anonymous Coward · · Score: 0

    Took a long time for something like this to happen considering.

    Most spammers aren't just spammers, they're also commiting fraud, identity theft and often comprimising vunerable windows boxen. Throw the book at them.

  254. John must be ashamed.... by stephenisu · · Score: 1

    Seriously though,

    This has little to do with spamming at all. It was using identity theft for a money making scheme.

    Wake me up when there is something pertaining to SPAM laws.

    A CAN-SPAM conviction would be interesting. I can see him being prosocuted in the future with harsh penalties.

    --
    Sigs? We don't need no stinking sigs!
  255. Will it stop ? by TheIonix · · Score: 1

    AWESOME now other spammers might slow down... OR go to third world countries (*sight*)

  256. buffalo by syschker · · Score: 1

    talk about being put out to pasutre.

    --
    You are unique, just like everybody else.
  257. hmm... by Anonymous Coward · · Score: 0

    steve

  258. He was a by Prince+Vegeta+SSJ4 · · Score: 1
    • Buffalo Spammer, dreadlock hacka:
    • There was a buffalo spammer, in the heart of america,
    • Stolen from Data, brought to america,
    • Floodin' on arrival, SMTP wants survival.
  259. And how much do I get... by Kinniken · · Score: 1

    for a first post?

    --
    What do you know about World Politic? Find out in this quiz
  260. Frist ps0t! by Anonymous Coward · · Score: 0

    After half an hour...?

  261. Free as in speach... by Saeed+al-Sahaf · · Score: 3, Interesting
    "Interestingly, the conviction was not for spamming per se, but rather stealing someone's indentity, which he then used to launch his spam messages."

    That's because as of yet there are no laws against sending email. One person's spam is another's free speach.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  262. Nothing to say? by baudilus · · Score: 1

    I cam only assume, that with ~30 minutes passed since this story's posting, and no comments, that no one has anything of note to say.

    A moment of silence for Howard Carmak, who will undoubtedly get 'spammed' quite a bit during the next 3.5 - 7 years.

  263. More fitting punishment by rupert2000 · · Score: 1

    They should have ordered his sentence to be as long as it takes him to receive 100 million spam emails over a 2600 baud modem and delete them one at a time.

  264. One off the street, at least by zaren · · Score: 1

    A shame they couldn't actually put him away as a spammer, though.

    --
    Come to the University of Mars! Classes starting soon!
  265. Hmmm by fiannaFailMan · · Score: 1

    What's that someone said a few minutes ago on the other discussion about executing spammers....?

    --
    Drill baby drill - on Mars
  266. What's Worse? by Kenshin · · Score: 1, Flamebait

    Which one is worse?
    3-5 years in jail, or 3-5 years in Buffalo?

    --

    Does it make you happy you're so strange?

  267. FP by Anonymous Coward · · Score: 0

    FP?

  268. Ha ha! by jaylen · · Score: 0, Redundant

    Well, let us hope sincerly that none of the inmates used any of his 'bigger penis' products that he advertised :)

    If they did, and it worked, poor old Mr Buffalo will probably end up with an asshole the size of a buffalo :)

    "Gee thanks Mr Buffalo! I bought your bigger penis products! Now bend over beatch, and I'll show you *just* how big and wide it is"

    Ah hahahahahh aaaahhhh :)

    Sweet Justice :)

  269. don't drop the soap, Howie by King+of+the+Trolls · · Score: 0

    w00t

  270. Yup by Anonymous Coward · · Score: 0

    I certainly don't give two shits in a biscuit about this story.

    Next plz.

  271. Good Riddance by Wtcher · · Score: 1

    A tough united stand is what we need to get rid of spam. Filters, large fines (unless they're -really- large) and self-policing restrictions won't.

    This reminds me of how Al Capone (I think) got thrown in jail for tax evasion.

    --
    ----- Wtcher Dragon, UDIC
  272. Testing.. Testing.. 1... 2... 3... by stephenisu · · Score: 0, Offtopic

    Is Slashdot broken?

    --
    Sigs? We don't need no stinking sigs!
  273. A parallel by Raul654 · · Score: 1

    Robert Morris, who wrote the first worm, was convicted of "theft of service" -- apparently, he "stole" the CPU cycles his worm used, so the prosecuted him for stealing the monetary value of those cycles.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  274. anul secks by Anonymous Coward · · Score: 0
  275. Good! by DrJonesAC2 · · Score: 1

    Maybe I will have a few less email to go through. 995 instead of 1000 spams.

  276. Ouch by bobcrotch · · Score: 0

    Now i guess he will find out if the male enlargement pills work.

  277. cock by Anonymous Coward · · Score: 0

    you love it!

  278. umm... by jest3r · · Score: 1

    The question is would he be going to jail if he was spamming using his own identity?

  279. was that all? by swschrad · · Score: 1

    spammers need to be taken out of the system forever.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  280. Buffalo spammer? by Anonymous Coward · · Score: 0

    What was he trying to sell them? Cow attracting pheromones, horn extending pills?

  281. Man... by originalTMAN · · Score: 1

    His brother John must be pissed at him.

  282. hi by Anonymous Coward · · Score: 0

    there

  283. Death row!!! by MrRuslan · · Score: 1

    along with the script kiddie who wrote sober and netsky!!!...On the serious I think the punishment is appropriate and for the record I don't agree with capital punishment.

  284. O how I weep for thee... by KDan · · Score: 1

    Well... no, not really. Serves'em right. Now if only they could get telemarketters in there as well...

    Daniel

    --
    Carpe Diem
  285. Lame... by Palshife · · Score: 1

    Wow, nothing like a blurb that essentailly reads:

    "This happened. Actually, that's not true."

    --
    Attention deficit disorder is a complicated issue, spanning several major... HEY LET'S GO RIDE BIKES!
  286. Ahh! by AtariKee · · Score: 1

    So THAT'S why I kept receiving penis enlargement offers from Ann Coulter! That explains it!!

    --
    "You're getting brutal, Sark. Brutal and needlessly sadistic."
    "Thank you, Master Control"
    -Sark and the MCP
  287. can it be true? by davez0r · · Score: 0, Offtopic

    frist ps0t?

  288. 1st post! by Anonymous Coward · · Score: 0

    YEAH

  289. So spamming isn't a crime? by Anonymous Coward · · Score: 0

    Identity theft hurts the individual and its criminal, but spam hurts everybody and it isn't?

    Clueless lawyers or clueless lawmakers?

  290. This is a good start! by DurendalMac · · Score: 1

    Now if they can just lock away all the other Spamming dirtbags (with special punishment dished out to Snotty Scotty Richter), then it'll be a good start. Spammers have gone lower on the detestability scale than lawyers.

  291. A drop in the ocean... by MancDiceman · · Score: 1

    How exactly has this affected our inboxes? Doesn't make the slightest bit of difference. The odd thing about spam, is that it must work - if it didn't, then people wouldn't do it. So, perhaps another form of attack against spam in the long term is to teach people not to trust unsolicited sales pitches and not to buy things from spammers.

  292. FRist??? by Anonymous Coward · · Score: 0
    Let's go through his bullet points:
    1. Odd initial launch lineup: TRUE. Both of the lower G5s had bad price/performance.
    2. drastically reduced expansion options: TRUE. On a tower that size, I'd want more bays.
    3. Saggy GPUs: TRUE. FX5200 is weak.
    4. Product overlap: MAYBE. I still want a pizzabox Mac [geocities.com] though.
    5. MHz stagnation relapse: TRUE. Where's the 2500s?
    6. 1st gen issues haven't been fixed: TRUE. not enough independent peripheral busses, low-end G5 still uses Yikes-esque PCI mobo.
    7. Regaining trust is hard: TRUE. Apple needs to reach out to the business market.
    8. the 3GHz gap: TRUE. Steve said it. We're waiting for it.
  293. YES!!!! finally by Anonymous Coward · · Score: 0

    Still it's a step in the right direction for ending SPAM.

    It probably won't end spam as long as there's the gigantic lure "MONEY" in it, but
    it WILL set an example for many - not to plunge into this somewhat lucrative business of
    pestering our everydays.

    If we just got all the other countries to make a proper "uni"-law against spam that could
    be taken seriously and ENFORCED strictly...we'd have a lot less spam. /AC

  294. Pwned by hattig · · Score: 1

    I'm glad that a spammer has been removed for doing something an awful lot of spammers do - spam from other people's addresses.

    If they had to spam from their own, then a spam filter would be easy! block all from {megaspam.com, all4spam.com, spamulike.com, ...} :P

    Hopefully this will send a message to other spammers, although since the majority are in other countries and won't obey the law anyway...

  295. Meanwhile in Jail by Nuclear+Elephant · · Score: 5, Funny

    Meanwhile in Jail, inmates have added him to their "My new Bitch" list. Carmak has complained repeatedly that their unsubscribe feature is both inhumane and doesn't work, which has led to arthritis in his right hand.

  296. FP by Anonymous Coward · · Score: 0

    FP!!

  297. John must be ashamed... by stephenisu · · Score: 0, Redundant

    Seriously though...

    This has nothing to do with spam laws. Plain and simple identity theft prosocution.

    Wake me up when he is prosocuted for breaking the CAN-SPAM act, he is asking for the additional penalty sections.

    umm... is this thing on?

    --
    Sigs? We don't need no stinking sigs!
  298. Donations are now being accepted... by The+Ultimate+Fartkno · · Score: 1

    ...to provide his Howard's cellmate Bubba with all the H3RB4L V|AG*ARA he can stand.

  299. Just Like Kevin! by devphaeton · · Score: 1

    Isn't this eventually what got Kevin Mitnick? Not the hax0ring, per se, but more identity theft and credit card fraud?

    Not the first couple of times, i'm talking the last one that required Markoff and Shimomira to chase him from SoCal to NC and resulted in his multi-year incarceration.

    foo.

    --


    do() || do_not(); // try();
  300. Lameness by Anonymous Coward · · Score: 0

    Spammers being arrested, what about the people who put up fyers on my car windshield in parking lots or keep sending me credit card offerings in the mail

  301. I am going to bet by RedHatLinux · · Score: 1, Redundant

    He regrets selling those penis enhancements now.

  302. Not good enough... by dubious9 · · Score: 1

    the conviction was not for spamming per se

    Until we actually see convictions for actual spamming, ie forged headers, etc, then I have no faith in the justice system to fix spamming. Even then I have little faith. Technological problems require technological solutions.

    But in this case, couldn't of happened to a better guy.

    --
    Why, o why must the sky fall when I've learned to fly?
  303. this is a little by geekoid · · Score: 3, Insightful

    excessive.
    Yas I read the article. He has a prior felonies, and he stole 2 people's identity.
    from the article, it seems like he used the identites to send spam. Not exactly devastating. If he had used thoose ID's to charge credit cards, buy a car, etc.. then a couple of years in prison would be adequate.

    Considering how full our prisons are, and how tight state budgets are, perhaps there could be better solutions? Community service springs to mind.
    He should also be responsible for undoing harm to the people whose identities he stole. We all know what a pain it is to call the credit card companies, and find out what we need to do to prove it wasn't us and get any marks removed from are credit history.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:this is a little by trudyscousin · · Score: 1

      "Community service springs to mind."

      You've got to be kidding. If I, as an identity theft victim, had to do nothing more than community service, and ping! the vast financial mess some asshat created for me got cleaned up, I'd consider it a bargain, given the years of toil and aggravation it often takes to get things resolved.

      A better solution? I've got one. Bury the bastards up to their necks in a fire ant mound. No further burdens to our prison system. And last I heard, no one's ever had to budget for fire ants.

      --
      Those who can, do. Those who can't, write technology blogs.
  304. Not necessarily just for Identity Theft by rah1420 · · Score: 1

    The FA claims 14 counts, including identity theft. Are we sure that spamming wasn't another count?

    --
    Mit der Dummheit kämpfen Götter selbst vergebens.
  305. No!? by xaqar · · Score: 1

    No! Not his indentity! The victim's life will be ruined!

  306. Good! by Axe · · Score: 1
    Interesting: what other charges can they hang on this motherf..s?

    -140 spam messages in the morning..

    --
    <^>_<(ô ô)>_<^>
  307. Too bad they couldn't get him for more by DigitalSorceress · · Score: 1

    Man, this guy really strikes me as the scum of the Earth. It's too bad the law doesn't allow a stiffer penalty for what he's done. Still, at least they were able to apply an existing law to the case.

    I really do get sick and tired of kneejerk lawmaking by politicians who really don't understand the technology they are regulating/outlawing. If I were to scream bloody murder that spammers should get the death penalty, I'm part of the same mentality that gave us the patriot act and the department of Homeland Security, and calls for criminal suits against P2P users.

    --

    The Digital Sorceress
  308. One down... by PoisonousPhat · · Score: 5, Interesting
    200+ to go:

    "The Register of Known Spam Operations (ROKSO) database collates information and evidence on known hard-line spam operations that have been terminated by a minimum of 3 consecutive Service Providers for serious spam offenses.

    200 Known Spam Operations responsible for 90% of your spam.

    90% of spam received by Internet users in North America and Europe can be traced via redirects, hosting locations of web sites, domains and aliases, to a hard-core group of around 200 known spam operations, almost all of whom are listed in the ROKSO database. These spam operations consist of an estimated 500-600 professional spammers loosely grouped into gangs ("spam gangs"), the vast majority of whom are operating illegally, and who move from network to network seeking out Internet Service Providers ("ISPs") known for lax enforcing of anti-spam policies."

    --
    Losers choose to abuse the use of "loose".
  309. Huh - no comments? by Anonymous Coward · · Score: 0

    But this is a happy, happy day for mankind. This guy sent 800 million emails. That must be 0.1% of the daily spam total.

  310. Conviction was for Identity Theft by introverted · · Score: 1
    the conviction was not for spamming per se

    The conviction had nothing to do with spamming. That's just the activity he engaged in while using the stolen identities.

    Of course, one has to wonder how long it'll take him to pay off the $16 million civil settlement while working in the prison laundry.

  311. too lenient!! by SharkPork · · Score: 1

    If an Identity theft convict gets 3.5 to 7, how much will a spam convict get? It's great that one is down, but how many more will take his place, and make sure not to make his same mistakes? The penalties could (and should) be harsh, but we have to catch them first, I suppose...

    --
    If you can read this, you are most likely close enough.
  312. No Posts? by TwistedSquare · · Score: 1

    No posts yet? This story sure shut everyone up!

  313. Its about time by SamiousHaze · · Score: 1

    Its about time.

    As the message says, he wasn't imprisoned for spamming but:
    Carmack was found guilty in April by a jury in Erie County, New York, on 14 counts, including charges that he stole the identity of two Buffalo-area residents, which he then used to send out more than 800 million spam messages, the attorney general's office said.
    Also, It's damned good that earthlink cooperated - i wonder how many ISPs just wouldn't want to deal with it thus letting spammers get by.

    And Finally - just to quote my favorite part:
    The jail sentence is the maximum allowed under the law , due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

    *finally* the system is working in favor of the little (annoyed) man.

  314. Image problems by das_cookie · · Score: 1
    The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.

    Prior felonies? Doesn't this guy know what damage he's doing to the spammer image?

    --

    You! Yes, YOU! Out of the gene pool!

  315. First Post by Spua7 · · Score: 1

    Yippy

  316. Ahh! by AtariKee · · Score: 1

    So THAT explains all of the penis enlargement offers I've been getting from Ann Coulter!!

    --
    "You're getting brutal, Sark. Brutal and needlessly sadistic."
    "Thank you, Master Control"
    -Sark and the MCP
  317. What is a 'indentity' by Anonymous Coward · · Score: 0

    I could guess but then I would not get this post.

  318. 800 million! by lavaforge · · Score: 1

    The article mentioned that this guy punched out 800 million spam e-mails through that one account. That's enough to give three spams to every man, woman, and child in the United States three spams.

    Maybe there are a lot less spammers than I thought, and they're just really, really bad.

  319. Oh yes! by Anonymous Coward · · Score: 0

    small step for a spammer,but a big one for humanity!

  320. Quoth Nelson Muntz: by kotj.mf · · Score: 1

    Haaaa-ha!

    --
    hang brain.
  321. Is it just me? by MrRuslan · · Score: 1

    Or are there are not comments being posted? Is there a star trek marathon on UPN or are the servers kinda slow today?

  322. Oh, yeah... by LabRat007 · · Score: 1

    I must say I do like the idea of annoying bugger doing jail time. The down side is where does it all end? Identity theft is a serious crime but does it really require prison time as a punishment? If he ruined live perhaps - but spam?

    --
    "Capital punishment makes the state into a murderer. Imprisonment makes the state into a gay dungeon-master"
  323. This makes me hungry by L.+VeGas · · Score: 1

    mmmmm, buffalo spam.

  324. ObNelson by Anonymous Coward · · Score: 0

    HA HA!

  325. It's kind of... by neiffer · · Score: 2, Funny

    ...like getting the mob with tax fraud, right?

  326. John must be ashamed... by stephenisu · · Score: 0, Redundant

    Seriously though...

    This has nothing to do with spam laws. Plain and simple identity theft prosocution.

    Wake me up when he is prosocuted for breaking the CAN-SPAM act, he is asking for the additional penalty sections.

    umm... is this thing on? Hello?

    --
    Sigs? We don't need no stinking sigs!
  327. As overheard in prison by hellfire · · Score: 1

    Convict 1: "So Mac... whatcha in fer?"

    Convict 2: "I dun killed a man with my bare hands... you?"

    Convict 1: "Beat a McDonald's guy for messin up my order."

    Convict 2: "Hey you... yeah you over there... the geek looking dork... whatcha in for?"

    Howard Carmak: "uhhhh me? I'm a spammer who stole someone's identity."

    Convict 2: "Well I guess that makes you the bitch in this cell.. he he he..."

    Convict 1: "Naw Mac... that makes him the piggy... lets make the piggy squeal!"

    --

    "All great wisdom is contained in .signature files"

    1. Re:As overheard in prison by SuiteSisterMary · · Score: 1

      Convict 1: Hey, that's the guy what sent me all those 'enlarge your p3n1s' emails! I even ordered some, just to see if it would work!
      Convict 2: Well, did it?
      Howard: I hope not!

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  328. Next Time It's 25 Years by vicparedes · · Score: 1

    For spamming the Appeals Court to overturn his conviction.

  329. GREAT NEWS! by MonkeyGone2Heaven · · Score: 1


    I'm going to immediately send this to everyone in my address book and instruct them to do the same!

  330. Identity theft, huh? by Nuclear+Elephant · · Score: 2, Funny

    including charges that he stole the identity of two Buffalo-area residents, which he then used to send out more than 800 million spam messages

    Who would've thought there were two Buffalo-area residents with the names "Big R. Schlong" and "Haute Yung Bebes"

  331. nabbing the scum bag by malia8888 · · Score: 2, Interesting
    Carmack was found guilty in April by a jury in Erie County, New York, on 14 counts, including charges that he stole the identity of two Buffalo-area residents, which he then used to send out more than 800 million spam messages, the attorney general's office said.

    This announcement does my heart good. Howard Carmak got his due for his actions though not directly just like Al Capone received a sentence for U.S. tax evasion instead of murder, racketeering etc.

    When a person is a scum bag in one area this trait seems to wash over into other facets of their lives.

    --
    Harpo Tunnel Syndrome--my wrist feels funny.
  332. No surprise by cdrguru · · Score: 1
    Since "spamming" in and of itself isn't illegal, there couldn't possibly be a conviction there.

    Identity theft, on the other hand is illegal, so he goes to jail.

    I know of no law anywhere that makes spamming a criminal offence. Now maybe CAN-SPAM defined some thing that can lead to a fine based on how email addresses are collected, but collecting email addresses is a lot different than spamming.

  333. First Spammer/Post by Leffe · · Score: 1

    Could this be the first spammer that has been caught and sentenced?

  334. Identity theft by bobhagopian · · Score: 1

    I bet that buffalo was really pissed off when he found out his name had been stolen.

  335. about time by illtron · · Score: 1

    We should send him to Australia for a good booting

    --
    Slashdot: 24 hours behind every other site or your money back!
  336. Wow.... by Vaevictis666 · · Score: 1

    Half an hour since posting and still not a comment. Even the trolls and the first-posters don't care :P

  337. Spam by Anonymous Coward · · Score: 0

    Now in the can!

    -Dave

  338. No Death Sentence? by xCepheus · · Score: 1

    Perhaps we should start executing spammers along with the worm writers. Or would that not be economically viable?

  339. fp?? by sk8king · · Score: 1

    fp??

  340. Hey, at least they didn't execute him by hairykrishna · · Score: 0

    He got off light if the story from earlier is anything to go by!

    --
    "Physics is to math as sex is to masturbation." -R. Feynman
  341. i hope you saved all that spam... by tjhanley · · Score: 1

    jail food sucks

    FP?

    --
    --- /. is like tivo for news
  342. I never got any Buffalo spam! by Anonymous Coward · · Score: 0

    Content-Type: meat/buffalo

  343. Good... by Mysticalfruit · · Score: 1

    We got two birds with one stone. A spammer whose also an identity thief.

    Now we can only hope that for every spam he sent his teeth will sink just a bit deeper into the pillow...

    --
    Yes Francis, the world has gone crazy.
  344. For the First time... by huber · · Score: 1

    I'm Proud to be from buffalo, what after our four lost Superbowls andthe "no goal."

    1. Re:For the First time... by lyolyo · · Score: 1
      Im proud to be from buffalo. What after the "No Goal" and four lost Superbowls.
      Who cares about you or your super_bow and how is this related to the topic?
  345. So will the spam be coming from buffalo.prison.gov by Jim_Maryland · · Score: 1

    Now he'll have a lot more free time to do generate SPAM.

  346. 1 down by Aqua+OS+X · · Score: 1

    1 down... a bagillion more to go.

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
  347. All I can say is... by Cyb3r · · Score: 1

    Finally!

  348. As Long As We're At It... by WombatControl · · Score: 2, Interesting

    Can we please execute him too?

    In all seriousness, we need to have some sort of crackdown on spam. The levels of pure crap are increasing faster than even a combination of SpamAssassin and Thunderbird's Bayesian filtering can catch up with.

    Throwing slimebags like Carmak and Alan Ralsky in jail for a few years might help reduce the spam levels. While the servers may be in China, the ones running these large spam operations are right here in the US. It won't stop spam, but it will at least reduce the flow.

  349. fines? by danknight · · Score: 1

    But it's interesting to note they mention nothing about a fine. I would think that he should also forfet all profits too...

    --
    wanted: one clever sig,apply within
  350. w00t by Anonymous Coward · · Score: 0

    Too bad he didn't get convicted for spamming. Than again, being the "spam bitch" in jail isn't going to be good for him!

    Bend over, bitch. I hope he likes his shit in reverse.

  351. GOOD by j_sp_r · · Score: 1

    First post I HOPE :D But this is a good thing, but in my strange country killers get the same sentence sometimes... Think about it

  352. One Down, ??? To Go? by BlueStrat · · Score: 1

    Nice Start. Now only several hundred thousand, maybe more, to go.

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  353. Don't care about the particulars. by TheWart · · Score: 1

    I don't really mind how they got him in....but at least he is in jail.

  354. p3n1s 3nl4rg3m3nt by datadriven · · Score: 0

    ... with any luck his cellmate ordered some penis enlargement medication.

  355. sentence by mamer-retrogamer · · Score: 1

    What, no execution?

    --
    Schrödinger's cat is not amused—maybe.
  356. First Post by vudujava · · Score: 0, Troll

    No way...

  357. about damn time by Anonymous Coward · · Score: 0

    about damn time

  358. Rats... by Rick+Zeman · · Score: 1

    ...not executed. :-(

  359. Let's hope by Anonymous Coward · · Score: 0

    His cell mate is a big fan of the movie Deliverance.

  360. Crap by Bob+Cat+-+NYMPHS · · Score: 1

    Now he won't be able to unsubscribe me when I click the link.

  361. no posts showing up on the front page by 7x7 · · Score: 1

    Could I be first? Or do we have a bug?

  362. So much for being... by grunt107 · · Score: 1

    'Carmack the great' (It had to be done - really!)

  363. Great News! by MonkeyGone2Heaven · · Score: 1


    I'm going to immediately send this to everyone in my address book and urge them to do the same!

  364. I wonder the consequences of these charges by marika · · Score: 1

    If he is not convicted for the spamming itself, that could the door open to spam people under your real name without being convicted.

    --
    This is totally insecure, but very convenient.
  365. Bailiff! by Eggplant62 · · Score: 1

    Whack his pee pee!!

    Wow. Nice little sentence. I know it wasn't strictly for the act of spamming but for the acts of fraud that were committed in relation to the spamming, but this is a good victory and something for the other spammers to consider. I know it's only a drop in the Atlantic relatively speaking, but any victory for the side against spammers is a sorely needed victory.

  366. Punishment fits the crime by CodeMonkey4Hire · · Score: 1

    They should make him spend his time filtering spam all day long. (Maybe give him electric shocks when he gets it wrong to keep him honest.)

    --

    Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
  367. Indentity by snkmoorthy · · Score: 0

    stealing someone's indentity
    that is new

  368. 1 down... by Anonymous Coward · · Score: 0

    ...several million other spammers to go...
    Lets get em all....

  369. I hope this sends a message by MisterFancypants · · Score: 0, Offtopic

    I hope this sends a message to all Buffalo out there that I'm gonna eat you!! Buffalo Burgers are so tasty!!

  370. Buffalo Spammer by soloport · · Score: 1

    Buffalo Spammer won't ya come out tonight
    Come out tonight
    Come out tonight
    Buffalo Spammer won't ya come out tonight
    Aaaaand...
    Dance by the light of the moon.


    Thank you all. I'll be here all week. Be sure to tip you're saloon maid.

  371. Apart from the lack of freedom... by WigginX · · Score: 1

    how will it affect his business?

    I bet spamming is a lot like Monopoly, in that you can still make money from jail.

  372. 3.5 to 7 years? by jlowery · · Score: 4, Funny

    Is he serving time in the Heisenberg Uncertainty Corrections Center?

    --
    If you post it, they will read.
  373. If only.... by Mobster · · Score: 1

    If only it was under a spamming law.. I might be happier. But still.. one less spammer sending me crap. But I can take a litle comfort.. They have internet access in Attica. Bubba's gonna finally be able to reply to that enlarge your penis email.

    --
    ---- You have been programmed by the Illuminati to not see the word ""!
  374. Let's all hope... by overbyj · · Score: 1

    he goes to a jail where his cellmate is named Bubba or Leroy or something like and that his cellmate thinks he has a "real purty mouth".

    Then justice will be done!

    --
    No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
    1. Re:Let's all hope... by Anonymous Coward · · Score: 0

      Prison rape is not a joking matter.

  375. Yeah by Anonymous Coward · · Score: 0

    Hope he likes his cell mate's "spam" in his ass.

  376. Slashdot Problem? by Anonymous Coward · · Score: 0

    Is the comment system broken, or is this topic just not interesting?

    1. Re:Slashdot Problem? by Anonymous Coward · · Score: 0

      It's MySQL showing all it's glory as a stable database.

  377. Did anyone else notice by MisterFancypants · · Score: 0, Troll
    That Slashdot is BROKEN?

    Maybe if they saved some money by switching to Windows Server 2003 (lower TOC! Just see banner ads running all over this site for proof!), they could afford a better admin.

  378. This is the right way to go about it... by Mr.+Neutron · · Score: 1

    While the boundary between legitimate email and "spam" is fuzzy, almost all of what we term "spam" is going to have something nefarious behind it. Why? Because legitimate business ALMOST NEVER sends completely unsolicited email as a promotional practice. They know better. So, the best way to get the spammers, rather than outlawing "unsolicited commercial email," is to wait for the spammer to screw up. Almost certainly, he will be doing one or all of the following:

    1. Fraudulently misadvertizing or misrepresenting products (bait-and-switch)
    2. Fraudulently using someone else's idendtity when sending the spam
    3. Just plain swindling folks out of their money.

    Get all of these spammers when they screw up, and you'll eliminate 90% of spam.

    --
    dinner: it's what's for beer
  379. I wonder what are the consequences by marika · · Score: 2, Insightful

    Does it mean that if I spam under my real name I am free to do it?

    --
    This is totally insecure, but very convenient.
  380. For the First time... by huber · · Score: 1

    Im proud to be from buffalo. What after the "No Goal" and four lost Superbowls.

  381. "Why do they call him Buffalo Spammer?" by Anonymous Coward · · Score: 0
    "Because he likes to skin his own..." ;P

    Not that I'm comparing homocidial transexual-wannabies with spammers, no sir-ie bob! It would explain the identity theft though.

  382. nerd crime by lawngnome · · Score: 3, Interesting

    I bet those murderers and thugs in jail will love this guy...
    spammer guy: b-b-but Im a marketer!
    thug #1: shuddup you in my world tubby!
    thug #2: whoo! fresh meat!

    1. Re:nerd crime by NinjaPablo · · Score: 1

      thug #3: Boy, I'm gonna show you how well those enlargement pills I got from you worked.

      --
      SmashTech - No smashing of tech involved
  383. That Explains why... by QuantumRiff · · Score: 1
    I've only been getting about 96 spam messages a day, instead of the usual 100..

    Seriously, It's only 1 down, but thats a start... Maybe this will have a chilling effect on the "Industry"

    --

    What are we going to do tonight Brain?
  384. Rats... by Rick+Zeman · · Score: 1

    ...he wasn't executed.

  385. I'd like the be the first... by Anonymous Coward · · Score: 0

    to say BWAHAHAHHAHA. Oh - that's too rich.

    No need for intelligent insight on this.

  386. Setting a precident? by deputydink · · Score: 3, Interesting
    This act, more than any other piece of targeted legislation at spamming may help stem the flow of spam.


    While the crime is not entirely related to spamming, it shows that local law enforcement is getting "clever" with its prosecution, in the same way federal authorities, when unable to get felony convictions like murder against organized crime bosses turned to tax evasion and fraud.


    Interesting.

  387. Homer's Take by geo-geo · · Score: 1

    Homer Simpson reads the article and goes "Mmmmm, Buffalo Spam!"

  388. Here's Hoping... by bcolflesh · · Score: 4, Funny

    ...his cellmates introduce the "Buffalo Spammer" to the "Cleveland Steamer".

    1. Re:Here's Hoping... by BgJonson79 · · Score: 1

      At least be nice enough to provide a link (NSFW) to explain what the Steamer is!

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    2. Re:Here's Hoping... by RubberChainsaw · · Score: 1

      The List

      Scroll down, its on there.

      --
      I welcome our new 99% overlords.
  389. Two front page stories without any comments... by bucklesl · · Score: 0, Offtopic

    Test post.

    --
    help fill in hidden movie endings @ End of the Credits
  390. Bend over by Anonymous Coward · · Score: 1, Funny

    Hope he likes his call mate's "spam" in the ass.

    Bend over spam bitch.

  391. Re:Go Bush er... wait by Anonymous Coward · · Score: 0

    I'll be modded as flamebait because we all know Bush is evil. Right?

    Well, you'll be modded flamebait because we all know bush is evil.

    You'll also probably be modded offtopic, because shrubya (and/or his administration) has nothing to do with this article.

  392. Big Deal by Anonymous Coward · · Score: 0

    So, I really don't see the big deal about this article. Identify theft has been a problem for awhile. Yeah, the guy spammed people through the use of someone's stolen identity, but...big whoop.

  393. Hmmmm.... identity theft... by FlyingOrca · · Score: 3, Interesting

    So here's the question. I RTFA, and there are no details on the "identity theft" thing. Does 0wn1ng someone's underdefended box count as "identity theft", and if so, is that what they got this guy for?

    And - more to the point - if not, could the law be construed that way? In other words, can we prosecute spammers for impersonating customers of fooISP by using their zombied boxes to spam?

    Just a thought.

    --
    Corruptissima re publica plurimae leges.
    1. Re:Hmmmm.... identity theft... by Anonymous Coward · · Score: 0

      AFAIK yes. The Kyl Feinstein ID Theft Protection Act (iirc) defines ID theft as misusing any identifier, eg name, password, email address, PIN etc.

  394. Yes, it should by CrystalFalcon · · Score: 3, Insightful

    Commercial speech should absolutely be as protected as other speech.

    What people tend to do, and Americans in particular, is to confuse "freedom of speech" with "guaranteed right to an audience". Preferably on somebody else's bill.

    And THAT particular bird is not going to fly.

    You have the right to say whatever you want to say (well, almost, nowadays). You do not have the right to force me to listen to any of it. You do not have the right to force somebody else to carry your message.

    1. Re:Yes, it should by Anonymous Coward · · Score: 1, Insightful

      No, it shouldn't. Commercial speech should not be protected in the same way that individual expression is. What if Coca-Cola put out commercials that said "Coke makes your wang bigger, and lowers your taxes!" Some people might believe that. When you bring the false advertising suit against them, it's good to know that they can't use "free speech" to protect those practices.

    2. Re:Yes, it should by IANAAC · · Score: 2, Insightful
      Commercial speech should absolutely be as protected as other speech.
      When the first amendment was written, I really doubt that they had corporations in mind. The first amendment is all about INDIVIDUAL free speech.

      I don t believe corporations have the right to say whatever they feel like saying. They are, after all, a group of people who may or may not be working together for a common cause (a day in any large corporation would reveal that the latter is probably more common).

    3. Re:Yes, it should by sfjoe · · Score: 4, Insightful

      Commercial speech should absolutely be as protected as other speech.

      Absolutely not!! A corporation exists solely to generate a profit. It has no morals, no ethics and cannot be deprived of its life or liberty for its crimes. Freedom of speech is a human condition intended for humans. When humans can hide behind a corporation, they can not be held accountalbe for their actions or speech. For example, Dow Chemical murdered 800 people in Bhopal India. Was it forced to cease existing? Of course not. Any entity which has no compulsion to behave with human responsibilities has no expectation of human rights.
      It has long been accepted that not ALL speech is free. You cannot shout "fire" in a crowded theatre and you cannot expect unbridled rights to make commercial claims.

      --
      It's simple: I demand prosecution for torture.
    4. Re:Yes, it should by Valar · · Score: 1

      Coca-Cola put out commercials that said "Coke makes your wang bigger, and lowers your taxes!" Some people might believe that. When you bring the false advertising suit against them, it's good to know that they can't use "free speech" to protect those practices.
      Similarly, if an individual was selling a product that claimed to do that, he/she could be charged with fraud. There are tougher restrictions against certifiably false speech, especially in relation to commercial transactions and judicial proceedings.

    5. Re:Yes, it should by lightsaber1 · · Score: 1

      IANAL, but I believe corporations are persons under the law...and have all the rights of a person.

  395. By theft of identity by phorm · · Score: 1

    Does that mean he stole personal/credit info to fund his spamming scheme, attached the names of others to the email crapulence which he distributed, or just joe-jobbed other people's email addresses/servers in the "FROM" field when sending to those he spammed?

    Nice to see another spammer get nailed, but the article is a bit sparse on such details...

  396. Re:Bye bye, Howard, it's been fun reading about yo by Soporific · · Score: 1

    Hopefully he has a computer connection in jail, so he can use this site to find a name.

    ~S

  397. Re:Bye bye, Howard, it's been fun reading about yo by Ralph+Wiggam · · Score: 4, Funny

    A nerdy overweight white guy in his thirties going to the can? He should tatoo tits on his back now and get it over with.

    -B

  398. Re:They RUINED my LIFE - please listen by Anonymous Coward · · Score: 0

    Loser.

  399. Re:Bravo everyone! We all had a part in this. by Anonymous Coward · · Score: 1, Insightful

    I am stunned that a Slashdotter is taking credit for something with which he had nothing to do.

  400. Buffalo Spammer, Dreadlock Rasta by johnny6vasquez · · Score: 1

    I'm just a buffalo spammer,
    In the heart of America...
    Singing, woe yoe yoe, woe woe yoe yoe
    Woe yoe yoe yo, yo yo woe yo woe yo yoe

  401. This just in... by Duhavid · · Score: 1

    His cellmate is "in" for killing a spammer.

    Hmmm.

    --
    emt 377 emt 4
    1. Re:This just in... by Tackhead · · Score: 2, Funny
      > His cellmate is "in" for killing a spammer.
      >
      > Hmmm.

      "Hmmm", indeed.

      How the fuck would a prosecutor find a jury that would convict?

    2. Re:This just in... by Duhavid · · Score: 1

      You need to suspend your disbelief for just a moment. Like when you watch a movie. Sorry, I guess I should have spelled that out. :-)

      --
      emt 377 emt 4
  402. They actually don't need to be that harsh by Sycraft-fu · · Score: 4, Insightful

    They just need to be there. SPAM is so popular because, until now, it was a more or less no risk bussiness both finincally and legally. It cost very little to get in to and you weren't going to get in trouble for what you were doing. To lessen the amout of spammers, we just need to make it unattractive. Doesn't mean we need to lock them up for life (appealing though that may sound), just a reasonable prison sentence combine with seizing all their ill gotten gains.

    Most spammers will then quit. These aren't hardened, fear nothing, criminals we are talking about, they are sleazy bussiness men that see this as an easy, low risk way to make a buck. Show them it's not low risk, most of them will knock it off.

    There will still be some, of course, there is always somebody stupid enough to try something, but I think it can be kept to a minimum, in the US at least (which is where the majority of it starts anyhow).

    1. Re:They actually don't need to be that harsh by inkedmn · · Score: 1

      Eh, you're assuming that the spammers actually reside and do business in the US. Sure, we can lock up domestic spammers until we're all blue in the face, but that's not going to make a lick of difference to all the jackasses everywhere else.

      I'd be interested to know how the physical location of the sending machine affect the culpability of the spammer (e.g., ssh/telnet'ing into a server in Canada and unleashing the mail fury).

      --
      well, it's nothing one behind the ear wouldn't cure
    2. Re:They actually don't need to be that harsh by Poulpy · · Score: 1

      You're making the point of the RIAA and others: a harsh sentence that will break the life of some will (hopefully (for them)) make the others think twice before committing the crime.

    3. Re:They actually don't need to be that harsh by Reziac · · Score: 1

      IMO, the "identity theft" aspect starts the moment Person A uses Person B's computer to send spam, which then *appears* to be sent by person B. Person A thus impersonates Person B without their permission, which is in a nutshell is what identity theft IS.

      Couldn't that aspect be used to initiate prosecution of spammers who use zombied machines, even without the credit card fraud angle??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  403. since you asked... by tuxette · · Score: 5, Funny
    Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?

    Why, yes.

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:since you asked... by Greedo · · Score: 5, Funny

      I bet he's hoping that his 6'4", 235 lb cell mate didn't get his penis enlarged.

      --
      Tuus crepidae innexilis sunt.
    2. Re:since you asked... by deadlinegrunt · · Score: 1

      or get his hands on cheap viagra.

      --
      BSD is designed. Linux is grown. C++ libs
    3. Re:since you asked... by Anonymous Coward · · Score: 0

      i think you just proved the grandparent's point.. rape is not funny. regardless what /. mods think. immature geeks.

  404. No by Anonymous Coward · · Score: 0

    No, I want a law against spamming. Not just spamming, but telemarketing, direct mailers, junk mail, small-print that opts me into mailing lists as soon as I buy something from a business, roadside ads, ads on buses, those fucking sandwichboards on the sidewalk....

    In other words, I want to be exposed to advertising only when I explicitly choose to, or only when using a service or attending an event that I can reasonably choose to not use/attend (e.g. broadcast TV, concerts, sporting events, etc).

    1. Re:No by Alyred · · Score: 1
      You know, this reminds me of a story that one of my favourite authors wrote called "Nightside City", a futuristic tale of an outer-space Las Vegas, where small bots would fly around and use target lasers and hovering units to fly in front of you and display their advertising where you couldn't avoid it.

      Not exactly up and coming soon, but wouldn't the advertisers of today love that?

      I think again, like someone mentioned a few posts ago, that there is a difference between "free speech" and "right to an audience". You can say whatever you want, but you can't FORCE me to listen to it.

    2. Re:No by Anonymous Coward · · Score: 0

      You can say whatever you want, but you can't FORCE me to listen to it.

      That's a dangerously simplistic view of things. E.g. You can't get on a bullhorn at 2 in the morning and tell your neighbors about your latest product, free speech or not.

      You shouldn't be able to interfere with my life in the name of free speech. You shouldn't be able to interrupt my dinner to sell me something, or make me take a slalom course on the sidewalk in order to attract my business to your store, or make me sort through my mail in order to sell me more, etc. Free speech is not a simple thing, and it must evolve with the times.

    3. Re:No by Alyred · · Score: 1

      Well, by force, I meant that. If it impairs my daily activity in any way, shape, or form, that's forcing me to listen it.

    4. Re:No by Anonymous Coward · · Score: 0

      Fair enough. Although I would call that forcing to "hear" which is the interference part. To me "listening" requires active participation by the receiver. E.g., The crazy man at the corner forces me to "hear" his ramblings, but he can't force me to "listen" to what he's saying.

      It's very hard to force someone to listen, it's much easier to make them hear. Both are wrong.

  405. From Buffalo Spammer to Salad Tosser by Anonymous Coward · · Score: 0

    Sometimes, the system works.

  406. Someone didn't RTFA by Dimensio · · Score: 1

    He was jailed because he stole someone's identity, not because he spammed. 7 years is the maximum sentence for identity theft, which he received as a result of having a prior felony conviction.

    Let this be a lesson to us all: Spammers are all, without exception, CRIMINALS. The would would be a much better place if each and every email spammer were to receive a lead pellet injected into their skull at high velocity.

    1. Re:Someone didn't RTFA by Hentai · · Score: 1

      Not to nitpick, but the words "without exception" ALWAYS raises a red-flag. There are ALWAYS exceptions, even if they're only theoretical.

      --
      -Hentai [in vita non pacem est]
    2. Re:Someone didn't RTFA by Anonymous Coward · · Score: 0

      "if each and every email spammer were to receive a lead pellet injected into their skull at high velocity."

      But...that...might...kill...them.

      Oh!!!!!

  407. Re:Bye bye, Howard, it's been fun reading about yo by The+I+Shing · · Score: 0, Troll

    He's nerdy, he's overweight, but he's not a white guy.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
  408. If we didnt have antispam laws, WOULD he have... by adamgeek · · Score: 1

    If we didnt have anitpsma laws in the works, would he have found the need to steal identities to get fraudlent email accounts to send from?

    not trolling, serious question.. i dont know the answer to this. it *seems* to me, if there were no laws against spam (which it again, SEEMS you are saying we dont need them), then he could just open XXXX number of free aol accounts and send spam that way all day long. so, afai,, we still need spam laws. am i offtrack here?

  409. Sentencing suggestion by Kozar_The_Malignant · · Score: 5, Funny

    >7 years is the maximum for identity theft? That actually seems a little light.

    How about seven years and the victims get to pick his cellmate?
    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
    1. Re:Sentencing suggestion by Tackhead · · Score: 5, Funny
      > > 7 years is the maximum for identity theft? That actually seems a little light.
      >
      > How about seven years and the victims get to pick his cellmate?

      How about three years... but he has to opt out of every ass-raping.

      Of course, if he gets out in three years and claims that it wasn't rape, his cellmates can claim that he opted in anyways, and just forgot about it.

    2. Re:Sentencing suggestion by tompaulco · · Score: 1

      >How about three years... but he has to opt out >of every ass-raping.

      Of course, he should only be able to opt out after having received one already. And the opt out list is really a verification of valid candidates.

      --
      If you are not allowed to question your government then the government has answered your question.
  410. They also need to prosecute... by Chordonblue · · Score: 4, Insightful

    ...the actual manufacturers of bogus penis enlargement pills, quasi-legal drug sales of Viagra, and other such snake oil companies. The actual spamming agencies are half the problem - the other half are the scumbags who hire them and turn a blind eye to their practices.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:They also need to prosecute... by Sycraft-fu · · Score: 1

      That becomes easier once you have the spammer themselves. You get a warrant for their finincials and computers and find out who they do bussiness with. Espically if they are looking at 50,000 counts of hacking for all the computers they compramised, they'll probably be more than happy to roll on the companies that paid them.

    2. Re:They also need to prosecute... by epcraig · · Score: 2, Interesting
      Get Pfizer to sue spammers for trademark infringement on Viagra.

      Hell, let Bayer sue spammers for infingement on Cialis.

      I think that inaction on the spammer trademark front shows which corporate interests are behind at least part of our spam and virus/worm problems.

      --
      Ed Craig "Who cares what you think?" George W. Bush, 4th of July 2001
  411. A new one up... by Anonymous Coward · · Score: 0

    I know someone, a salesman, who's spammed before and made some money from it. He'll spam again in a heartbeat, except that there is so much spam now that it's not worth it. People can only read so many emails a day (yes, you and I don't read spam, but many others do, don't kid yourself).

    If you were to bring down a whole bunch of the current spammers, the amount of spam will be reduced, for a little bit. Then this salesman, and countless others like him, will get back into spamming themselves and increase the amount once again. He won't break any existing laws, he'll just send straight spam until his ISP cuts him off, but by then he's made his money.

    Arresting spammers for unrelated crimes is not the answer. The answer is to fix the internet so spamming is hard and to make spamming illegal.

    1. Re:A new one up... by Anonymous Coward · · Score: 0

      No,

      The answer is to use this list to find a local spammer in your area and beat the living shit our of him...or break the windows in his car or cut the phone lines into his house. Perhaps something a little more ruthless and a lot more public. Send the message -> "Send SPAM, get hurt".

      That'll put a dent in your salesman's willingness to send spam in a hurry.

    2. Re:A new one up... by Anonymous Coward · · Score: 0

      Damn right! Will you move to my town for a while? There are a couple of personal enemies that I'd love to frame as spammers and have you beat them up. Who needs due course in the justice system anyway, eh?

      In case you're too thick to see the sarcasm in the above: eat shit and die you lawless scumbag!

  412. Buff-alo Spa1mme&r, in_crease your anus now!#G by JohnTheFisherman · · Score: 3, Funny

    Just commit massive credit card fraud! Your cellmate will do the rest. :)

  413. No, it shouldn't by TamMan2000 · · Score: 1

    All commercial speech is advertisment. Whether it is a spot on TV, or a statment about the working conditions in a corporation's factory. It is all about the speaking entities commercial interest.

    The public has a vested interest in these statments being accurate (or at least not being lies), hense truth in advertising laws. Given the fact that all commercial speech is advertisment, I believe that truth in advertising laws should apply to all commercial speech.

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
  414. Is planting zombies identity theft? by jridley · · Score: 1

    I'm just wondering; if someone plants zombies and uses them to send spam, is that a prosecutable case of identity theft? Your IP address can be tracked down and linked to you, and a case can be made that the spammer is hiding behind your identity, pretending to be you.

    If this could be established in court, then every spammer that uses zombies to spam could be tried for identity theft.

    It's also possible that the same precident could be used for people who do DDOS attacks.

  415. Re:Bye bye, Howard, it's been fun reading about yo by Anonymous Coward · · Score: 1, Funny

    I just put in "Howard Carmack"

    And it came up with this...

    "Ass Cunt"

    It's all over for him...

  416. Dance card.... by RLW · · Score: 1

    Ouch, His dance card would be filled out every night, only he won't get to 'see' his dates.

  417. Put him in isolation. by dhalsim2 · · Score: 2, Funny

    His only human contact should be via electronic messages with each message sent to him being among 10,000 unfiltered spam messages. Let him waste his life sorting through messages just as he's done to so many others.

  418. Re:I wish I could sneek money into the prison, by William+G.+Davis · · Score: 2, Insightful

    Violent prison rape is *funny*?

  419. Depnding on the prison .... by RLW · · Score: 1

    3.5 years in jail maybe enough to set this guy right with decent society. Depends on how tough it is in jail and if he understands doing this again will get him in for more time. Frankly they should shut him in a completely mind numbing boring place with nothing to do all day but look at the walls. Maybe add something insidious to the punishment like repeatedly showing the same 30 minute sitcom episode over and over with out stop at a moderately loud volume. It would have to be something with an annoying sounding actor in it like Gary Chandelling. Maybe it's even funny, at first and even a dozen times over it's bearable, but 24 hours a day, 7 days a week for 3.5 years. lets see.... 48 times a day by 365 time 3.5 = 61,320! I bet he wouldn't make it past 2 or 3 days with out crying.

  420. Re:I wish I could sneek money into the prison, by Anonymous Coward · · Score: 1

    It is when it's done to people like this. Think of it as "additional correctional encouragement."

  421. Pound-me-in-the-ass prison is Cruel and Unusual by zifferent · · Score: 2, Informative

    You shouldn't be applauding prison rape. I don't care what a person did, they don't deserve to be ass raped till they bleed, or become Bubba's for protection.

    In particular spam is annoying but does getting ass raped really fit the crime? Put yourself in their shoes, your a small geeky guy faced with 5 to 7 and your choice is hook up with someone and get it up the ass by one person, or not and the whole prison will gang-rape you. Phsycologically, you've lost all control in your life and you begin to despair and lose hope. If you're lucky your suicide attempt succeeds, because if the prison guards suspect that you attempted suicide to get away from the general population, they will throw you back to wolves, where you can die a slow painfull, tortured death from the nightly ass-poundings you receive.

    That's not even funny.

    It's a serious issue.

    To learn more:
    http://www.spr.org

    --
    cat sig > /dev/null
    1. Re:Pound-me-in-the-ass prison is Cruel and Unusual by Anonymous Coward · · Score: 0

      I absolutely applaud Bubba's Ass Pounding Efforts vigorously directed toward the new fish Mr. Buffalo Spammer's rectum.

      If I lived anywhere near the prison, I'd supply all visitors with a handful of V|@gr4 and ask them to make sure Bubba never runs out.

      FUCK ALL SPAMMERS! DIE DIE DIE DIE!!!! Slow ass painful death you vermin SCUM!

    2. Re:Pound-me-in-the-ass prison is Cruel and Unusual by Anonymous Coward · · Score: 0
      your choice

      How about the choice selected by most people -- namely, not spamming and defrauding in the first place?

    3. Re:Pound-me-in-the-ass prison is Cruel and Unusual by UnrepentantHarlequin · · Score: 2, Insightful

      When women who have done nothing wrong can live their lives without fear of being raped, then we can turn our attention to safeguarding criminals from other criminals. If we don't have enough resources to protect innocent people, then where are we going to find the resources to protect criminals?

    4. Re:Pound-me-in-the-ass prison is Cruel and Unusual by elemental23 · · Score: 1

      If we don't have enough resources to protect innocent people, then where are we going to find the resources to protect criminals?

      Presumably we'd be able to control the environment we throw them into.

      Apparently not, though. Or do we just not care? Judging by some of the comments here, I suspect it's the latter.

      --
      I like my women like my coffee... pale and bitter.
    5. Re:Pound-me-in-the-ass prison is Cruel and Unusual by zifferent · · Score: 1

      So you're saying criminals are sub-human and therefore don't deserve descent human dignities.

      I agree rape is problem everywhere, but I can't understand why we can't tackle both issues as a society, and what your comment has anything to do with sending spammers to prison.

      One group doesn't suffer less because we ignore the other group. They are exclusive issues of each other, and need to be dealt with in different ways.

      Your illogic escapes me.

      The fact remains, most people are aware of the soul-destroying issue of rape of non-criminals, and that's not a laughing matter.

      But people somehow can think it's funny when it happens in prison. Not just once, mind you, but over and over again to the same individual.

      Wouldn't you agree that rape causes emotional trauma?

      On the outside of prisons, this kind of thing usually only happens once to person. (Note the word "usually," there are of course exceptions to any statement.)

      In prison, a person is usually raped several times. Which do you think would cause a person more pain physically and emotionally? Especially, in prison where the prisoner will probably never see his torturer punished for the act. All because society thinks it's a funny issue.

      Can you imagine how bitter and cynical a person could become under such circumstances?

      Now take that emotionally bruised and battered individual and place them back in society. Do you think that person is going to be able to hold down a job? Probably not, and they will proably end up commiting crime again. It's called the poverty-crime cycle.

      In the end both issues are important, but more can be done in the short and long term to help keep the incarcerated from raping each other, than can be done to keep free people attacking other free people. Mostly because a prison is a small self-contained world where the inmates are being watched 24-7, and the outside world is immense and it's impossible for the police to watch everybody all the time.

      --
      cat sig > /dev/null
    6. Re:Pound-me-in-the-ass prison is Cruel and Unusual by zifferent · · Score: 1

      ...and did you notice that most people who posted negatively, posted AC?

      --
      cat sig > /dev/null
    7. Re:Pound-me-in-the-ass prison is Cruel and Unusual by sik+puppy · · Score: 1

      "So you're saying criminals are sub-human and therefore don't deserve descent human dignities."

      In some cases yes. Many of these people are a complete and total failure beyond redemption. Thats what life/death sentences are for. Thats why we have 3 strikes laws. Large numbers of vocal people are fed up, and have demanded politicians do something about these types of people, so we get the mess that is our judicial system. Its not perfect, but if you travel the world you will find its still one of the best.

      "In prison, a person is usually raped several times. Which do you think would cause a person more pain physically and emotionally? Especially, in prison where the prisoner will probably never see his torturer punished for the act. All because society thinks it's a funny issue."

      Its not funny. However the fear of this kind of abuse is probably more of a deterent to crime than the actual sentence itself. Personally I'd love to load up a few weapons and put some of these spammers out of societies misery, but I have no desire to spend any time under care of the state or federal government.

      I have absolutely NO sympathy for this spammer, and would be delighted to hear of his untimely demise. More likely, he will end up in surgery getting his rectum sewn back together. Guess he should have thought about that before he stole all those credit acounts.

      --
      The first thing we do, let's kill all the lawyers. Shakespeare, Henry VI, Part 2, Act 4, Scene 2
    8. Re:Pound-me-in-the-ass prison is Cruel and Unusual by UnrepentantHarlequin · · Score: 1

      > So you're saying criminals are sub-human and therefore don't deserve descent human dignities.

      Don't put words in my mouth. I said what I said: Society's first priority should be the protection of the innocent, and once that's taken care of, we can move on to the protection of criminals.

      > Wouldn't you agree that rape causes emotional trauma?

      Which causes the greatest emotional trauma?

      A. Being told that what happened to you is your fault because you chose to commit a crime?

      B. Being told that what happened to you is your fault because you wore those clothes, walked out to your car alone, went to that party, trusted that guy, etc?

      > Which do you think would cause a person more pain physically and emotionally?

      Being raped because you chose to be a criminal, or being raped because you chose to exercise the same freedoms -- even something as simple as standing at a bus stop -- that men take for granted? You decide.

  422. Re:You're a moron. by dirk · · Score: 1

    You have email. Spam is just use of the email system. you may not like how it is being used (and I don't either), but it is nothing more than use of the email system (baring the illegal use I talked about earlier). Email is designed so that anyone can send a message to another person if they know the email address of that person, and that is exactly what is happening. If we make it illegal to send someone an email without their express consent, then email might as well be dead. If I want to send you an email because I liked your /. comment (assuming you are not the AC you are now), I can't, even if you put your email address up, since I don't have your express consent. How do I get your consent to contact you if I can't contact you to get your consent?

    Email was designed as an open system, and that is the way it should stay. If you want a closed system with controls on who can use it, design one and use that instead of email. But don't complain when people use the email system exactly how it was designed.

    --

    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
  423. Re:If we didnt have antispam laws, WOULD he have.. by Dimensio · · Score: 1

    Spammers are all, by their very nature, sociopaths and criminals. They were pulling illegal stunts like this well before CAN-SPAM, which barely does anything to spam as it is. Look up Parker v. CN Enterprises/Nowak

    Spammers are scum, every one of them. They know that their intrusions are unwanted, so even without antispam laws they will try to hide their acts of theft and trespass through phony names and email addresses.

  424. Mod up by Anonymous Coward · · Score: 0

    At least it doesn't deserve a troll rating. And for what anyways? Use of two exclamation marks?

  425. Re:I wish I could sneek money into the prison, by black88 · · Score: 0

    ???? How is the idea of paying someone to rape someone else funny?

    Seriously, are the mods and ac Abu Graihb Guards?

    What a bunch of savage inhuman cunts.

  426. you're right.... but.... by Anonymous Coward · · Score: 0

    spamming has the same kind of complete disregard for personal dignity. i agree that in real life, it's a harsh thing to applaud (and harsh is putting it far too lightly), but there is a certain poetic justice to it.

    i would kill at about the same point i would spam. It's Just Wrong.

    (i would assume that plenty of spammers are ex-jocks with thriving social lives, too. it doesn't seem like that "geeky" an occupation to me. just one that requires a basic disregard for others' quality of life, and a hefty chunk of greed.)

  427. MOD PARENT DOWN by MethylPhreak · · Score: 1

    I don't think too many people actually find this statement amusing.

  428. Victimless Crime? by the_mad_poster · · Score: 1

    Victimless crime.. explain to me how something can be a victimless crime, or, if some action really is victimless, why it's a crime.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    1. Re:Victimless Crime? by geoffspear · · Score: 2, Informative

      It's a crime because the government defines it as a crime. Examples include drug possession and sodomy.

      --
      Don't blame me; I'm never given mod points.
    2. Re:Victimless Crime? by the_mad_poster · · Score: 1

      Okay, but how does that relate to identity theft and fraud? There are most certainly victims.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    3. Re:Victimless Crime? by jargoone · · Score: 1

      It doesn't relate to identity theft and fraud. You asked how a crime could be victimless, and you were given two examples.

    4. Re:Victimless Crime? by the_mad_poster · · Score: 1

      Now I'm asking how it's related to the original post since the original poster suggested a connection between ident theft and fraud and victimless crime.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    5. Re:Victimless Crime? by geoffspear · · Score: 1

      I was contrasting my view on victimless crimes with those on other nonviolent crimes. The parent to my post suggested that any jail time was inappropriate due to the nature of the crime, but I disagree. Reform of punishments for nonviolent offenders is a good idea, but burglars, identity thieves, and others who commit property crimes against individuals should not be seen as harmless people who just need to be fined.

      --
      Don't blame me; I'm never given mod points.
    6. Re:Victimless Crime? by autopr0n · · Score: 4, Insightful

      Victimless crime.. explain to me how something can be a victimless crime, or, if some action really is victimless, why it's a crime.

      Let's say two gay men have anal sex. Where's the victim? Yet, untill recently, that was illegal in Texas. Many states have had anti-masterbation laws in the past as well. Where's the victim there?

      People just like screwing up other people's lives for the hell of it.

      --
      autopr0n is like, down and stuff.
    7. Re:Victimless Crime? by the_mad_poster · · Score: 1

      Gotcha - I was just confused by your post. Thank you for clarifying.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    8. Re:Victimless Crime? by tompaulco · · Score: 1

      Well, if one of them has AIDs and has no insurance, then his treatment would effectively steal from society. But by the same token, cigarettes and obesity would also have to be made illegal.

      --
      If you are not allowed to question your government then the government has answered your question.
    9. Re:Victimless Crime? by Wavicle · · Score: 1

      What if we're talking about a heterosexual man and woman, and one of them has AIDs and the other no insurance?

      Should we make all sex illegal since it's possible that the spread of diseases (even curable ones) potentially steals from society?

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  429. We need spammers and viri by Anonymous Coward · · Score: 0

    Well maybe not the identity theft but the spam, spyware, viri, etc. keeps us techies in business. If al was calm an everyone used Linux instead of Windows, why would we need half of the IT jobs today?
    These people keep the ball rolling.

  430. Aggregate costs by Camel+Pilot · · Score: 2, Insightful

    he's a person with irreplaceable years of life

    It is nice to meet a compassionate individual here on slashdot but keep in mind how many aggregate "irreplaceable years of life" this scumbag cost others in filling up people's inbox with junk or having to spend time setting up filters, etc. !

    1. Re:Aggregate costs by Elminst · · Score: 2, Informative

      how many aggregate "irreplaceable years of life" this scumbag cost others

      According to my spiffy SpamNet statistics window; the collective community (~970K) would have lost a combined 8200 days (since the program began) dealing with spam ourselves.

      --
      No unauthorized use. Trespassers will be shot. Survivors will be shot again.
  431. hmmm.... by Arngautr · · Score: 1

    like repeatedly showing the same 30 minute sitcom episode over and over with out stop at a moderately loud volume.

    Instead of a sitcom, show users opening inboxes full of spam, hold his eyes open, and force him to listen to music which he otherwise liked and drew a perverse pleasure from, just before sending out spam, after a week or two release him to society where he cowers in fear at the mere sight of an email box...he returns to his parent's house where he is shunned, his buddies spam the heck out of him, and some crazy libertarian he spammed mercilessly before could take him in and rehabilitate him...

    just saying...
    -Arn

    1. Re:hmmm.... by RLW · · Score: 1

      I like that better. Good idea.

  432. Are you out of your mind? by autopr0n · · Score: 1

    20 years in prison for something that, while annoying, is totaly repariable? That's taking away a quarter of someone's life.

    I think 1 year in jail is enough to deter the vast majority of people from doing anything. (certanly anthing thing 'financial') Beyond that, people simply don't think they'll get caught.

    What the hell is the point of locking someone up for 20 years for ID-theft, or fraud. It's not like anyone was physicaly harmed. Sentancing needs to be fair, not just to punish people however much you want, just for the hell of it

    (and locking most people up for 20 years will probably end up costing more then the value of the crimes they commited).

    --
    autopr0n is like, down and stuff.
  433. How about some Music from Jimmy Stewart? by GPLDAN · · Score: 1

    Ah yes, it's a wonderful life...

    Buffalo Spammer won't you come out and play?
    Come out and play?
    Come out and play?
    Buffalo Spammer won't you come out and play?
    By the light of your cellmate's moooooon!!!!

  434. Dropping the soap... by Thjorska · · Score: 1, Informative

    And while people get upset over the horrifying abuse of prisoners in another country, others are more than happy to make fun of the horrifying abuses suffered by prisoners in their own country.

    --
    Current Karma Status: Roadkill
    1. Re:Dropping the soap... by MurphyZero · · Score: 1

      You are absolutely right. And I recommend that if American soldiers can't treat prisoners better, then they should either beat the information out of them on the street and then let them go, or for enemy combatants/terrorists kill them on the battlefield. Then a spammer dropping the soap in prison will be funny AND guilt-free again.

      --
      Our founding fathers removed the guys in charge. Be American. Vote incumbents out.
  435. I wish you could spell sneak by Anonymous Coward · · Score: 0
    "sneek"?

    Please.

  436. A sentence for identity theft? by db10 · · Score: 1

    Nobody will give you the time of day if you get your identity stolen, credit card companies laugh it off, the FBI will blow you off. Now, I hate spammers and this is great, but WTF this is strange to see people other than the victim actually caring about identity theft all of a sudden.

    1. Re:A sentence for identity theft? by ac7xc · · Score: 1

      The laws have changed in the last year. ID theft can lead to a long prison sentence especially if you have a prior felony conviction. The Buffalo Spammer already had a federal conviction for fraud over $10,000. For first time offenders there is always diversion programs, but once you go above $10,000 and you have a prior conviction they now throw the book at you.

  437. Apt punishment for this guy... by Samurai+Cat! · · Score: 1

    ...as far as the spamming goes -

    Make him travel around the country, on his own nickel, and apologize in person to every individual he spammed. Each said individual gets one swing at'em. :P

    --

    "People" using "unnecessary" quotes should be "shot".
  438. Solution. by Thjorska · · Score: 0

    Move the raped prisoners to Iraq. Then they'll get sympathy.

    --
    Current Karma Status: Roadkill
  439. Re:Bye bye, Howard, it's been fun reading about yo by Anonymous Coward · · Score: 0

    You're right of course. It's not funny with this happens to a person.

    But when I think about it happening to a spammer, someone who stuffs my email with unwanted crap about enlarging my penis and such, I laugh until I almost piss my pants. Now he can find out what it's like to get stuffed with enlarged penis crap.

    Hahaha...!

  440. He should be happy about this... by Rai · · Score: 2, Funny

    Now he can get some hands-on experience helping men enlarge their penises.

  441. Mmmm... you have to remember... by Ayanami+Rei · · Score: 1

    That sodomy is something that goes on in hell, according to these people, as so it's a kind of punishment. If you're in jail (and not wrongly convicted), they have no pity for you. If you're in jail and you're doing the raping, then you're going to hell, so they don't care either way.

    This is lazy people's thinking/rationale (roughly). And, yes, most Americans are lazy.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    1. Re:Mmmm... you have to remember... by smurf975 · · Score: 1

      You know about the Martha Steward case? Some rich and famous woman that on trial for preknowledge stock trading. In her case nothing really fancy sure she made some bucks out of it.

      Now imagine it was a guy in jail for the same thing. Which is not what I would call a sin maybe something wrong but not bad/evil. Would that guy deserve to get raped. I say no!

      I think prison authorithies should notice who likes to rape the same sex (in woman prisons there is also rape) and put those people on the same department.

      If people reject to this then the judges verdict should be and officially recorded (I know Amenesty International would like that): "I verdict you to x years in prison and possible rapes (torture).

      Then get the US to offically admit that rape is something natural in US prisons and internationaly it would be considered as torture.

      --
      -- I don't buy it, I grow it.
  442. Eighth Amendment by sbszine · · Score: 1

    And I thought the eight amendment of their constitution outlawed cruel and unusual punishment. Every American is very keen on the constitutionally protected right to free speech, and most claim the constitution supports their position on gun ownership (whether pro- or anti-). I find it illuminating that the 'cruel and unusual' bit is considered a joke...

    --

    Vino, gyno, and techno -Bruce Sterling

  443. Re:You're a moron. by TekPolitik · · Score: 1
    If we make it illegal to send someone an email without their express consent, then email might as well be dead.

    This is the most idiotic argument against spam laws I have ever seen. There is not one single proposal that has ever sought to ban the sending of all email without express consent. There has always been something more involved. Usually the "more" is either that the email was sent in bulk, that it was sent for advertising purposes or that there was other fraudulent conduct.

    The AC was right.

  444. i disagree with your characterization. by adamgeek · · Score: 1

    i know at least one person who made a living as a developer at a spam company. he was a developer, and that's it. spent 3-5yrs (i dunno exactly, i am approximating) working there, and eventually found a "better" dev. job that also didnt have all of his friends lambasting him for his career choice.

    to say that all spammers are criminals.. i dont think so. at least, not criminal-minded. we could legislate posting on /. a criminal activity, but that wouldnt make me a criminal at heart, just someone in violation of the law. i guess my point is.. yes, there are probably a LOT of shady scammers out in russia etc doing spam-trade. i suspect there are also a lot of semi-normal people elsewhere (us, canada, etc) who just happen to have some lax moral interpretations of what is right and wrong as far as bulk emailing goes. I spent 2 yrs as an admin for an adult dotcom. doesn't make me a disgusting pervert (like most of the clients of the site haha ;).. just a guy who wasnt bothered by the site content, and wanted a steady paycheck + the ability to telecommute.

    i will lookup the case you cited, when i am less busy.

    1. Re:i disagree with your characterization. by Dimensio · · Score: 1

      to say that all spammers are criminals

      Spammers send unsolicited cost-shifted advertising. That is, they force unwanted, unsolicited advertising messages onto people who have to pay to receive the unsolicited, unwanted advertisements.

      Please tell me what is "legitimate" about such a thing. Please tell me how "honest-minded" people would do such a thing.

    2. Re:i disagree with your characterization. by adamgeek · · Score: 1

      "they force unwanted, unsolicited advertising messages onto people"

      many, many, many companies force things on you that you dont want. hell, everytime i go to the movies, i am forced to sit through an endless parade of coca-cola commercials, wasting my valuable time ($time == $money). cellphone companies force stuff on you that you dont want. car salesmen do it. doctors' offices do it. that is the nature of capitalism. car salesmen get a bad rap.. many are thought as as sleazy, shifty people. I used to work as a tech at a used auto dealer, and let me tell you, the owner was a shifty sleazy dude. but that isn't to say that there aren't car salesmen who just dont see the harm in selling people cars that they maybe can or cant afford, in order to bring home a paycheck every month.

      my suggestion (in the last two posts) is that there is a BIGGGGG gray area in any sector of employment.. including spam. many people who are total dirtbags, but also many who are just average joes who are too stupid to see the harm, turn a blind eye, or maybe just don't feel that it is harmful.. much in the same way if you willingly have a public email account, you willingly subject yourself to their emails, much like i willingly subject myself to crappy advertising just so i can see Kill Bill v2. now, i could come into the movie 10 minutes late and hope i sit down at the right exact moment and get a good seat, much like you coul configure spam assasin, or use an ISP that has built in spam filtering.

      my suggestion (in the first post) was that if this is "such a bad thing" and divergent somehow from other forms of unwanted advertising, gimmicks, etc.. then we DO need laws to illegalize it, otherwise it IS NOT seperated from any other form of advertising. telemarkters waste my time, bother me at all hours of the day, and worst of all i never asked to recieve any of their calls (and i think 99% of people are in my shoes here too), but unlike the parent post suggested (that "OLD" laws could adapt).. in that form of phone-spam, they can't. my suggestion (or suspeicion?) was that if spam is perfectly legitimate (i.e. we dont make any laws against it), that spammers will not need to hide their identities any more than telemarketers, et al.. and that it will continue unchecked untill the people stop standing for it.

      i hope you can see what i'm trying to say objectively here.. i know i ramble a bit, apologies (been a long day).

    3. Re:i disagree with your characterization. by Dimensio · · Score: 1

      everytime i go to the movies, i am forced to sit through an endless parade of coca-cola commercials, wasting my valuable time ($time == $money).

      You are at the theater as a privledge of the theater owners allowing you to be there. They set the terms for what gets shown on their screens, as they own the screens. If you do not like what they show, then you don't have to pay for their services. When you own the movie theater screens, you will have the right to dictate what is shown on them.

      cellphone companies force stuff on you that you dont want.

      Such as expensive contract options that you will never use? Again, it's their service. If you don't like what they're trying to give them, don't use their service. Ultimately, they own the equipment, so they get to make the rules.

      doctors' offices do it. that is the nature of capitalism.

      Once again, you don't own the doctors' offices. The stuff that you see there is only there because the doctors who run the offices allow it.

      Email spam is forced upon mail admins who own the equipment but who do not want the spam there. Thus they are forced to pay for advertising on their own personal equipment that they specifically do not want. It would be like if someone erected a billboard on your property without your permission, and then charged you for the materials and labour.

      my suggestion (in the last two posts) is that there is a BIGGGGG gray area in any sector of employment.. including spam.

      There is no gray area in spam. Spam is theft. Spammers are theives.

      many people who are total dirtbags, but also many who are just average joes who are too stupid to see the harm, turn a blind eye, or maybe just don't feel that it is harmful.

      Cry me a fucking river. Some people are too mentally retarded to understand that murder is harmful. That does not make it any better if they kill people.

      much in the same way if you willingly have a public email account, you willingly subject yourself to their emails, much like i willingly subject myself to crappy advertising just so i can see Kill Bill v2. now, i could come into the movie 10 minutes late and hope i sit down at the right exact moment and get a good seat, much like you coul configure spam assasin, or use an ISP that has built in spam filtering.

      The difference here is that the advertisements you see before Kill Bill Vol 2 are there at the discretion and with the full permission of the theater owners. The unsolicited junk email in your public email account was not authorized by the owner(s) of the mailserver, even though they still have to pay to process and store the crap.

      Your analogy would only be valid if advertisers snuck into theaters and illegally spliced their advertisements into the reels.

      my suggestion (in the first post) was that if this is "such a bad thing" and divergent somehow from other forms of unwanted advertising, gimmicks, etc.. then we DO need laws to illegalize it, otherwise it IS NOT seperated from any other form of advertising.

      You know, we have laws against junk faxing. We have those laws because junk faxes impose an unsolicited cost upon the receipient. The same argument could be made for making laws against email spamming.

      Unfortunately, we either need to find a way to bribe Congress with more money than the DMA can provide, or find a way to execute everyone in the DMA to ever get something like that to pass (I personally find the latter more appealing, YMMV).

      my suggestion (in the first post) was that if this is "such a bad thing" and divergent somehow from other forms of unwanted advertising, gimmicks, etc.. then we DO need laws to illegalize it, otherwise it IS NOT seperated from any other form of advertising.

      I hold telemarkters in disdain as well. Not as much as I do email spammers, but I still despise them.

      my suggestion (or suspeicion?) was that if spam is p

    4. Re:i disagree with your characterization. by adamgeek · · Score: 1

      overall, i will grant that all of the instances of unwanted advertising that occur to me (or 99% of them) are offers as a caveat (or rather, extortion) with an existing service that the consumer desires or has signed up for. ..unlike spam, which is a special undesireable service all of it's own.. although in some/many cases, the spam is actually coming to you from people with whom you have actually registered for a service, and were also dumb enough (or forced) to register your email address as well. so, in the instance of companies that spam their own customers (or sell off their customers contact info), i think the "bad stuff that comes with an otherwise good service/product" analogy holds water to an extent. in the instance of Jimmy Chan in China who just happens to buy a bulk list of 8593495 email addys and find a few open relays.. no, he doesnt offer you any legit service, except indirectly testing the storage capacity of your email account maybe ;)

      however, i think the problem lies within the model of the way the smtp model is constructed.. a solution can lie only (imo) within either entirely revamping this model, or in legislating spam in such a way that spammers will be detered. obviously, due to the difficulty of legislating anyone's actions abroad (at least, in the "naughty haven" places abroad, i.e. eastern europe, eurasia, africa, etc), modifying the current smtp sending/acceptance model is almost certainly a necessity.

      my original point (thought?) was that 1: new laws ARE needed.. old laws cannot adapt 100%.. and 2: that if new laws arent/werent enacted, spammers will have no reason to hide.

      I think you're probably correct, in that they do something that is inherently taboo (and illegal or not, very much unwanted by anyone who owns the pipes/routers/servers processing their traffic), and thus they do hide regardless. i guess that (their not needing to hide, if legal) was a misconception on my part

      I also think that you lack a full understanding of the problem that is email spamming.

      yes, and no. i get 500+ spams a day.. so i am keenly aware of some of the aspects of spamming. from the server end of it, i'm less aware, as i've never worked at an ISP. i do, however, have a friend who was an admin in a NOC for a CA-based ISP.. and after hearing him (an otherwise quiet nerd) state multiple times how we would like to "KILL ALL SPAMMERS" I can only assume that I have even the tiniest of an inkling how annoying dealing with spammers must have been for him.

  445. Both examples are deficient by leonbrooks · · Score: 0

    Drug possession is an indication that you're willing to turn yourself into a partial lunatic, a menace to others and also to anyone dependent on you. The injustice here is that alcohol, an addictive drug responsible both directly (85,000, third most frequent "actual" CoD and twice as frequent as MVAs) and indirectly for many thousands of deaths every year, is legal to possess and use in any amount.

    Sodomy spreads disease rapidly (for example, there's a reason that far more homosexual men die of AIDS than any other group), so it needs regulation as a disease vector. It is also likely to be directly physically damaging, so if we regulate any form of self-abuse, then we must also regulate sodomy if we are to aim for fairness.

    Note that on the above table, "sexual behaviour" (which would include heterosexual promiscuity, AKA "sleeping around") kills more people than illicit drug use, and MVAs kill more than both combined, so the statistics say we should be spending our efforts on condemning alcohol first, then qualifying our drivers better. But even alcohol accounts for only 20% as many deaths as smoking - and those deaths are lingering.

    Just in case you don't get the point, the drugs which are already legal and regarded as "mostly harmless" are killing more than half a million Yanks a year. Do we want to make this worse, or better?

    Cigarettes are also the leading cause of death by fire.

    There are so many ramifications which you've glossed over to claim "victimless" for your two examples that it's hard to know where to start picking your assertion apart.

    --
    Got time? Spend some of it coding or testing
    1. Re:Both examples are deficient by Anonymous Coward · · Score: 1, Insightful

      Drugs need not leed to make oneself in to a "partical lunatic, a menace to others , etc ...". They could, but they don't have to.

      Consentual sodomy could spread disease, but the risks of transmission are lower when proper precautions are used. Precautions are much more likely to be used when there is no need hide the activity bacause it's illegal.

      For a crime to be victimless, it's really only something that someone (including yourself) consents to. It must also not endanger or inconveniece someone else. ID theft might be better said is that the victim did not suffer direct physical harm. For example physical assult. As a consequence of the crime, the victim could have lost the resources to get medical treatment (for example), however this would be indirect.

      If you're going to regulate self-abuse, then 4/5th of Slashdot would have no love life at all.

      Off-topic: Prohibition on any activity should only be a last resort outside of theft, assult or murder (broadest definitions here). If it is more-or-less 'victimless', then regulate if you have to, otherwise, leave it alone.

  446. ay yay yay ya yay ya ya ya by br0d · · Score: 1

    buffalo spammah dreaded impostah there was a buffalo spammah stealing part of America Stole my decision, sent to prison ay yay yay ay yay yay ayy BRAP BRAP! ay yay yay ya yay ya ya ya

  447. So it would seem fair... by leonbrooks · · Score: 2, Insightful
    ...to lock him up for 8020 days, tripled for punitive damages, which makes...

    ... about 66 years...
    --
    Got time? Spend some of it coding or testing
  448. Worse than that, you don't get writedowns... by leonbrooks · · Score: 2, Informative

    ...for tools-of-trade, fuel bought for the getaway car, things like that.

    --
    Got time? Spend some of it coding or testing
  449. This is a bloody silly idea! by leonbrooks · · Score: 1
    I believe corporations are persons under the law

    Yeah? How do you put a corporation in jail? Can you rape a corporation? Can you make it laugh or cry? Can a corporation worship or hate? What goes in the "cause of death" field for a company?
    --
    Got time? Spend some of it coding or testing
    1. Re:This is a bloody silly idea! by lightsaber1 · · Score: 1
      Don't ask me. I didn't say it was "human" I said it was a "person" in that it has the same rights and responsibilities as people. There's a description and history of this here.

      The 14th amendment (I believe) in the U.S. constitution allows for this in the States, and the same is true (although through different documents obviously) in Canada and probably several other countries in the world.

  450. Snail mail address? by HornWumpus · · Score: 1
    Can we stuff his mail in prison with adds?

    That would be a perfect kick in the nuts.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  451. Stupid Headline by Rufus88 · · Score: 1

    Spammer gets jail time! (Oh, BTW, it was for identity theft.) That's like saying "Parking violator gets life in prison!". Stupid.

  452. Re:Bye bye, Howard, it's been fun reading about yo by Anonymous Coward · · Score: 0

    "A nerdy overweight white guy in his thirties going to the can?"

    That's an image I didn't want. I wish you'd said "going to prison".

  453. Hard to prove, hard to track by Sycraft-fu · · Score: 1

    First you have to find a compramised computer, you have to find it while it is compramised. You also then have to get some kind of record, and no a text logfile doesn't cut it, that shows that a given IP address hacked that system. Then you have to associate that IP with said spammer.

    That's damn hard to do. I don't log traffic to my computers, and neither does my ISP. So if something I have gets hacked, I'm SOL. Espically in the case of a SPAM bot. With a normal hacking for shell access or something, they are going to be connecting to you again. With SPAM bots, they just need to infect the computer, and then can basically leave it alone.

    So even if I notice, inform the cops, give them consent to monitor my connection, and they decide it's worth the resources (it ain't free to run an EtherPeek box and have someone analyze the logs), there's stilla slim chance that the spammer actually connects to it ever again.

    Much easier to track it on the other end: Get the spammers shit, and see what he's been doing with it.

    Common law enforcement tactic against organised crime, actually. The criminals will slip up and break some law that gives the authorities probable cause to get a search warrant. They then can seize everything, and often find information that leads to the big crimes.

    1. Re:Hard to prove, hard to track by Reziac · · Score: 1

      I don't think you'd have to show that Spammer X was the one who *hacked* the system -- only that they made unlawful USE of it (that is, used the owner's identity to send spam). Which would be a lot easier to demonstrate -- even if the person who got arrested was the VENDOR of the junk products due to a lack of backtrail to the spammer, the effect would be much the same: discourage 'em out of business.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  454. Not excessive. Hardly enough. by crucini · · Score: 1

    He's a repeat offender who has probably caused harm to millions of people with his spamming. He has probably committed hundreds of crimes for which he'll never be caught. He should be in prison for life. As it is, we get a few years before he starts victimizing us again.

    It takes work to catch these guys. Why would law enforcement agencies work hard to catch these people if the end result is community service?

    Because spammers are causing a serious worldwide problem, and because they are hard to catch, they should receive exemplary sentences that make headlines around the world. If you have to let someone out of prison due to overcrowding, let out pot smokers or pot dealers. Or just move some parole eligibility dates forward. It would be more just to release people who have already served most of their sentence than to give this guy a free ride.

    And forget about him undoing harm. As a professional fraudster, he is not trustworthy. I don't think his victims want him anywhere near their credit card info or accounts, even if he's claiming to help.

  455. Re:Buff-alo Spa1mme&r, in_crease your anus now by kwoff · · Score: 0
    1. Stealing two identities to send 800,000,000 spams: $16,000,000
    2. Being raped by Bubba for 3.5 years: priceless
  456. "Free" as in "without worth" by ear1grey · · Score: 1
    "One person's spam is another's free speach."

    When every one of Earth's 6.4 billion inhabitants get on the net and decide they want their one free speech per user, we'll have approximately 40,960,000,000 messages to get through.

    To make the sums as fair as possible, let's consider the most long-lived humans (the Okinawan's) as typical recipients; on average they live a smidge under 80 years (2,522,880,000 seconds).

    So that's

    • 40,960,000,000 messages in
    • 2,522,880,000 seconds, which means only
    • 0.06159375 seconds can be allotted per message (assuming the reader doesn't eat, sleep, or need a job to pay for the computer and net access).

    QED: Free speech is worthless unless a similar right exists for selective listening.

  457. Re:Bravo everyone! We all had a part in this. by rixstep · · Score: 1

    It's not like the old days of open relays

    As long as AnalogX's Proxy is around, those old days will still be here.

  458. Spammers are the real pirates by cardshark2001 · · Score: 1

    Well, okay, not as in they like to board ships and plunder booty, but they actually do hijack resources forcefully from innocent people. It's a lot closer to piracy than copyright infringement is, anyhow. From now on, instead of spammers, we should call them pirates, and confuse the hell out of the RIAA.

    --
    WWJD? JWRTFA!
  459. compression by Anonymous Coward · · Score: 0

    The spammer got 3.5 years; with compression, that's 7 years.