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First Spammer Convicted Under CAN-SPAM Law

eldavojohn writes "Spammer Jeffrey Brett Goodin has been convicted under the 2003 CAN-SPAM Act, the first person in the U.S. prosecuted successfully under the law. He is facing a sentence of up to 101 years in a federal prison after being found guilty of numerous illegal acts. According to prosecutors, Goodin was convicted on multiple counts in addition to the CAN-SPAM conviction, including wire fraud, unauthorized use of credit cards, misuse of the AOL trademark and attempted witness harassment. From the article: 'The law forbids e-mail marketers from sending false or misleading messages and requires them to provide recipients with a way to opt out of receiving future mailings. During trial, prosecutors presented evidence that Goodin used several compromised Internet accounts to send e-mails to America Online users. The e-mails appeared to be from the company's billing department and told customers to update their billing information or lose service.'"

3 of 226 comments (clear)

  1. Re:Over the top by radarsat1 · · Score: 4, Informative
    from the summary:
    including wire fraud, unauthorized use of credit cards, misuse of the AOL trademark and attempted witness harassment


    That's a lot more than just sending annoying emails. Basically, the guy is a crook. Why do you have a problem with him going to jail? People do time for things other than violent crime, you know.
  2. Re:Over the top by Peyna · · Score: 4, Informative

    They're looking at "statutory maximums" and adding together terms that more than likely will be served concurrently.

    In other words, while he could theoretically get 100 years, in reality he's going to probably get 1-2 years tops.

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    What?
  3. Re:That is so fair. by Lothsahn · · Score: 3, Informative

    This is because our legal system is based on "counts" of the offense. He sent millions of spam emails. Most murderers don't kill millions of people. He wouldn't have gotten 101 years if he had sent one spam email or even 100.

    I'm not saying it's fair or anything, just that's the way it is. Perhaps there should be a mandatory maximum sentence--though that raises a whole other set of problems.

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    -=Lothsahn=-