High Earning Spammers Face Tougher Sentences

netbuzz writes "More big-time spammers may find themselves doing longer stretches behind bars if a federal judge's first-of-its-kind sentencing decision in a Denver case becomes widely applied. In a sense, these spammers would be hoisted on their own profits, as language in CAN-SPAM allows the use of their profits instead of the difficult-to-measure financial damage they cause in establishing a prison sentence. The Denver spammer earned $250,000 — and a 20% longer prison stint — using this approach."

Comments

"Hoisted on their own profits"

[base3]

is nice, but until they're hoisted on a gallows (or facing a firing squad, in a pinch), it's not quite good enough, but a step in the right general direction. Hang 'em high--after all, they can then say their penis pills caused them to he hung (yeah, hanged, I know, I know).

Re:"Hoisted on their own profits"

[erroneus]

To me there is no greater crime than the one that involves planning and execution, breaking and skirting security measures, taking advantage of and defrauding thousands if not millions of people, and doing so with a sense of entitlement.

They demonstrate no remorse and no regret. They commit criminal acts on a very wide scale and they somehow think it's business. The crime is executed in a cold, calculating and callous manner against people who often go through great and expensive means to avoid their acts only to have those measures thwarted with ever-increasing intent. INTENT. These guys are intent on doing what they do.

They demonstrate skill that could just as easily be used in honest ways. They choose not to for varieties of reasons, but they clearly have options and ignore the legal ones in favor of illegal ones. Why? Because they stand to make more money criminally? That's the most likely reason.

Now let's compare that to, say, armed robbery. Aside from the true professionals, armed robbers are generally pretty desperate people. Very little planning goes into the act. Get get a weapon and engage in violent and brutal behavior to get money... a relatively small amount of money at that when compared the the criminal described above. The victims are limited in number. The victims aren't usually pulled from a list, but rather someone at random... an unfortunate.

And while an armed robber might present the victim(s) with momentary fright or even injury, it's a much more honest and direct crime. It's also far less planned. The degree is intent is orders of magnitude less than that of the criminal described above. The drive for this crime is generally one of desperation; it's emotional in nature -- passionate. And let's face it. If he had better options, he would be doing that at all.

So really... which one is actually the worst person? Which is the worst crime? Is armed robbery worse because it involves fear?! Someone ran a red light and scared me half to death the other morning! By that measure, a red-light runner is worse than a spammer... and let's not forget that more people die in those types of accidents than from armed robbery, let alone spamming. So REALLY. What makes other crimes worse?

Which is just the opposite of "regular" justice...

[kclittle]

Steal $15,000, and you get 15 years. Steal $15,000,000,000 (can you say "Enron"?), and you get 2 years plus time spent.
Oh, well, American jurisprudence overcomes all obstacles, I guess.

Suitable punishment

[Scareduck]

Penis enlargement, the hard way, i.e., using a come-along.

Re:Which is just the opposite of "regular" justice

[deniable]

I keep wondering, why do we need to charge the spammers with anti-spam laws. I haven't seen any that aren't drug dealers, stock scams, or outright fraud. Nail the bastards for those with all of the current laws. Funny, the more they made from these, the more counts that can hang them.

If Bob, the neighborhood dealer, was offering as much product as these scumbags, he'd be in jail for life.

Oh well, we have the anti-spam laws now, so we might as well hit them for both.

In a perfect world...

[Anonymous Coward]

In a perfect world spammers would get caught, go to jail, and share a cell with too many men who have enlarged their penises, taken Viagra and are looking for a new relationship.

One Solution

[DynaSoar]

"What we need are a few good old-fashioned hangings." -- FTC Commissioner Orson Swindle, at the 2003 FTC Spam Conference.

Re:One Solution

[Rod Beauvex]

Only in America can someone with the last name 'SWINDLE' get appointed to something called the Federal TRADE Commission.

Attack the sources of the spam instead.

[miffo.swe]

I really wished the ones using spammers for marketing would be hunted down instead. The spammers are only bricks in the game. If it became a real felony for a company to employ spammers they would find it hard to make any money. Take one spammer away in the US and up pops 10 more in some other country.

That said i really dont think spamming is a felony just as i dont think any other form of marketing should be illegal. Its annoying for sure but the fault lies in our broken emailsystem and with Microsofts crappy security (spammers favourite mailservers are windows boxes). Spam is just symptoms for a bigger issue. Take away the spam and the problem is still there for more nefarious schemes.