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"Spam King" Pleads Guilty in U.S. Federal Court

Monty writes "It looks like 'Spam King' Adam Vitale has finally plead guilty to violation of the CAN-SPAM Act of 2003 in federal court in New York City. 'The indictment said that in less than a week in August 2005, Vitale and Moeller sent e-mails on behalf of the informant to more than 1,277,000 addresses of subscribers at AOL, the online division of Time Warner Inc. Vitale will be sentenced on September 13 when he faces a maximum sentence of 11 years in prison. Moeller, who lives in New Jersey, faces the same charge.' We discussed Vitale's arrest back in February."

17 of 238 comments (clear)

  1. believe it when I see it by saleenS281 · · Score: 5, Insightful

    So he was guilty. Given the amount of money he amassed spamming, my guess would be he gets 1 year at most and then some probation. Money makes the judicial system go round in this country.

    1. Re:believe it when I see it by packetmon · · Score: 5, Informative
      There is a set of guidelines a judge HAS to follow in order for sentencing its called a presentence report. A bunch of information is thrown together, weighed and based on that information along with the charges, the sentence is made. For example, did culprit cooperate, is his family life stable (not kidding), his prior history if any. More than likely he will do no less than 30 months unless they seek to make an example of him. Even then, they still have to follow the guidelines but a judge can impose anything a judge sees fit. His lawyers can counter and vice versa then go through appeals. So contrary to what some may like to believe about getting a slap on the wrist, the process is deeper than most know or care to know....

      (d) Presentence Report.
      • (1) Applying the Sentencing Guidelines. The presentence report must:
        • (A) identify all applicable guidelines and policy statements of the Sentencing Commission;
        • (B) calculate the defendant's offense level and criminal history category;
        • (C) state the resulting sentencing range and kinds of sentences available;
        • (D) identify any factor relevant to:
          • (i) the appropriate kind of sentence, or
          • (ii) the appropriate sentence within the applicable sentencing range; and
        • (E) identify any basis for departing from the applicable sentencing range. (2) Additional Information. The presentence report must also contain the following information:
          • (A) the defendant's history and characteristics, including:
          • (i) any prior criminal record;
          • (ii) the defendant's financial condition; and
          • (iii) any circumstances affecting the defendant's behavior that may be helpful in imposing sentence or in correctional treatment;
        • (B) verified information, stated in a nonargumentative style, that assesses the financial, social, psychological, and medical impact on any individual against whom the offense has been committed;
        • (C) when appropriate, the nature and extent of nonprison programs and resources available to the defendant;
        • (D) when the law provides for restitution, information sufficient for a restitution order;
        • (E) if the court orders a study under 18 U.S.C. 3552 (b), any resulting report and recommendation; and
        • (F) any other information that the court requires.

      Cornell
    2. Re:believe it when I see it by hobo+sapiens · · Score: 4, Interesting

      Then maybe the right punishment is that he has to pay back the money he "earned" or go broke, and of course he'll go broke. Prisons are full enough, and there are much worse people to send there. Make him go broke and then do some community service. Seems like sending him to jail is a bit draconian.

      Plus, I can think of a few things he could do for community service:
      1) since people once referred to the net as the info superhighway, make him the highway dept's official roadkill scraper for a few years
      2) make him clean out some tubes...that's right, get them sewers real clean, boy!
      3) let him go work at a nursing home where they give the old men free v!agr4 -- while dressed up as the girl from St Pauli Girl beer bottles. Ouch!
      4) he has to clean all the restrooms in NYC's entire subway system.

      Cruel? Unusual? Yes! Fitting? Yes!

      --
      blah blah blah
  2. Justice is as justice does by djupedal · · Score: 4, Funny

    "...he faces a maximum sentence of 11 years in prison."

    He may want to ask for more years and just stay in - If I run into him on the street...well, let's just say he will need more than self-healing plastic skin to hold him together until he can be put out of his misery by Kevorkian.

    1. Re:Justice is as justice does by AutopsyReport · · Score: 4, Funny

      If I run into him on the street...well, let's just say he will need more than self-healing plastic skin to hold him together until he can be put out of his misery by Kevorkian.

      What are you going to do, fart in his general direction?

      --

      For he today that sheds his blood with me shall be my brother.

  3. Yay! by apachetoolbox · · Score: 5, Funny

    CAN-SPAM Act: 1
    Spammers: 1,305,931,426,569

  4. 5 Minutes by Bob9113 · · Score: 4, Insightful

    1,277,000 addresses of subscribers at AOL ... faces a maximum sentence of 11 years in prison

    Maximum of five minutes in prison for each of the people he spammed. Seems a little light.

    1. Re:5 Minutes by AltGrendel · · Score: 4, Funny
      Maximum of five minutes in prison for each of the people he spammed. Seems a little light.

      Well, talk to the judge, maybe he'll give you have your five minutes alone with Vitale and let you to bring your own baseball bat.

      --
      The simple truth is that interstellar distances will not fit into the human imagination

      - Douglas Adams

  5. Too Many Kings by moehoward · · Score: 4, Funny


    There sure are a lot of guys who get the title Spam King. Can't we get more creative with these titles? Spam Lord. Spam Queen. Spam Prime Minister. Spam Court Jester. I'd prefer more Batman-style evil nemesis names like "The Green Viagra" or something.

    I mean, who votes for these Kings? I didn't vote for him!

    --
    "If you want to improve, be content to be thought foolish and stupid." - Epictetus
    1. Re:Too Many Kings by TheWoozle · · Score: 5, Funny

      Pfft. You can't expect to wield supreme executive power based on a vote! Everyone knows that kings are chosen by women distributing swords in a farcical aquatic ceremony. If I said I had been elected Emperor by means of popular vote, they'd put me away!

      --
      Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
  6. Why bother sending him to jail? by andyteleco · · Score: 5, Informative

    He should be sent to Russia, there he would find justice like Vardan Kushnir

  7. Care package to his cell mates by hellfire · · Score: 4, Funny

    I'm sending care packages to all of his fellow inmates... bottles and bottles of penis enlargement pills.

    I'll send one to him as well, but the penis enlargement pill bottles will be emptied and refilled with breast enlargement pills, instead.

    I know, I know... they don't work... but I can dream can't I?

    --

    "All great wisdom is contained in .signature files"

  8. Jail Not Warranted by aldheorte · · Score: 4, Insightful

    Why would we jail someone for spamming? They are non-violent offenders. Now, after forcing us to waste our time dealing with spam, we get the additional opportunity to pay for his housing for up to 11 years. I think we should place non-violent offenders under house arrest and have them work to undo the damage they did. Maybe have him spend several years identifying spam or doing community service.

    This jailing of people for computer crimes that did not cause physical injury and do not present a continuing danger is ridiculous. Take the money they made illegally away and then have them do something to make it up to the community while on probation. Now, if they make a second attempt and get convicted again at whatever they were convicted of originally... then let's reestablish public gallows and hang them, then mount their head on a spike somewhere preferably near a webcam. The point is, either way, they don't go to prison and we save money.

    In serious, this whole idea of throwing people in jail for things they did on a computer (including copyright violations) that didn't result in someone being bodily harmed or killed is totally out of proportion and a short-sighted way of dealing with the problem. You can beat the living crap out of someone, enough to give them some minor form of permanent disability for the rest of their life, and get a year in most states - and that's the maximum, which will only be applied if you are a chronic repeat offender.

    1. Re:Jail Not Warranted by jrumney · · Score: 4, Insightful

      Why would we jail someone for spamming? They are non-violent offenders.

      People who commit burglary while the owners are away are non-violent offenders. Serious fraudsters are non-violent offenders. Drug dealers are non-violent offenders. Violence is not a prerequisite for jailing criminals, nor should it be. Harm to society is not always physical.

  9. spam has caused a HUGE cost to society by feepcreature · · Score: 4, Insightful
    11 years - sure he deserves it. He and his ilk between them have all but destroyed usenet, and made the email system vastly less useful to society as a whole. Email has gone from an almost-always works system to one where messages are very likely to be buried in a flood of spam, or automatically deleted by imperfect spam filters.

    That deserves to be punished.

    --
    Paul "Say no to feeping creaturism"
  10. Re:Overkill? by ScentCone · · Score: 5, Insightful

    have I missed something here

    Yes.

    It's not like he's committed a violent crime or put people out of work.

    This plague costs the economy billions in lost productivity, otherwise unecessary system capacity expenses... do you REALLY think that a company looking to grow and compete and hire/retain the best people at whatever they do wouldn't rather spend all of that time and energy on things directly relevent to what they DO for a living? Huge expenses - otherwise unrelated to a business's actual line of work - absolutely DO cost jobs. How many schools could better spend that money on lower tuitions or newer labs? Just think it through.

    But wouldn't a far more appropriate response be to seize his assets and slap him with fines amounting to the damage he's caused?

    The damage he's caused involves WAY more money than what he's collected. That he's willing to cause that sort of damage should tell you everything you need to know about the guy. He wants someone else's money, and is willing to cause damage and participate in fraud to get it. It's not very different than committing insurance fraud for cash... and then watching the rest of us pay higher premiums to cover it.

    More to the point, though: he's already demonstrated a willingness to knowingly break the law and abuse other people's systems and networks. Physically stopping him from doing it again by locking him up is the only way you'll prevent him from just putting on another hat/identity and doing it again, more carefully, through a surrogate. Or "consulting" for someone else who does. What do you think he'll do at night after he clocks out of the community service work you'd rather he was doing? Hopping online somewhere, or talking someone else through doing so, and doing something he knows will generate some cash.

    --
    Don't disappoint your bird dog. Go to the range.
  11. Yes, but.. by Mister+Whirly · · Score: 4, Informative

    That was not informative.

    --
    "But this one goes to 11!"