Slashdot Mirror


Facebook Awarded $711 Million In Anti-Spam Case

An anonymous reader writes "Facebook is on a never-before-seen legal rampage against high profile internet spammers. Today Facebook was awarded yet another nine-figure settlement, this time for over $700 million. Facebook also has a criminal contempt case on Wallace, which means a high likelihood of prison, a big win for the internet and a milestone in cyber law. 'The record demonstrates that Wallace willfully violated the statutes in question with blatant disregard for the rights of Facebook and the thousands of Facebook users whose accounts were compromised by his conduct,' Jeremy Fogel wrote in his judgment order, which permanently prohibits Wallace from accessing the Facebook Web site or creating a Facebook account, among other restrictions."

48 of 179 comments (clear)

  1. A Time Line of Sanford Wallace by eldavojohn · · Score: 5, Insightful

    What's wrong with this picture?

    2004-10-08 FTC files suit against Wallace to stop infecting computers with spyware that promised to remove the problem for $30.
    2006-03-22 FTC files suit against Wallace--Wallace and co-defendants fined for over $5 million.
    2008-01-26 MySpace awarded $230 million from Wallace in LA.
    2009-10-29 (Yesterday) Facebook awarded $711 million from Wallace.

    If you say seven hundred million and jail time is too much, I say it isn't enough. A warning didn't stop him, five million didn't stop him, two hundred million didn't stop him and I'm sure seven hundred million won't stop him. Throw the book at him and lock him up--this is definition CAN-SPAM Act. And he's a heavy repeat offender, it's not like this guy was blindsided with a surprise ruling. Spam is too kind of a label for this guy, I would hit him for extortion and identity theft on massive scales in addition to CAN-SPAM.

    How he continued to operate with a two hundred million dollar loss a year and a half ago is beyond me. Is he just declaring bankruptcy (like he did back June '09), rolling over and doing it again? Or avoiding states where there's a warrant for his arrest or what?

    --
    My work here is dung.
    1. Re:A Time Line of Sanford Wallace by El+Jynx · · Score: 4, Insightful

      Heh. Nice. But the problem is as old as humanity itself: forbidding is one thing, preventing is quite another. I agree, jailtime is the only way to go for a recidivist like that. And he's just abusing international law and such: just because you go bust in one country doesn't mean you can't have $500m tucked away in another. Until treaties are formed which address these problems - and thankfully, tax havens have come under heavy fire of late - this type of crap is just going to continue.

      What I don't get is why a joker like that - who is obviously intelligent - doesn't just find a legal way to get rich. It can't be that hard.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it well worth the effort.
    2. Re:A Time Line of Sanford Wallace by mysidia · · Score: 5, Insightful

      It can't be that hard.

      Yes, well, it can be that hard. There are lots of intelligent people who aren't and can't be rich, although they want to be.

      More than intelligence is required.

      And apparently, for this guy, he's skilled in getting rich using uncouth methods. It's what he's familiar with, it's what comes easy for him (I suppose)

    3. Re:A Time Line of Sanford Wallace by nametaken · · Score: 4, Interesting

      You notice that there's a billion dollars in risk here?

      Sounds to me like there is considerable incentive to be an epic scale douchebag of the internet. You'd think he'd be a gajillionaire, right?

      Except...

      "As of October 2003, he is working as a DJ in Las Vegas, making weekly appearances at OPM nightclub (name changed to 'Poetry Nightclub' October 5, 2007) in Caesars Palace Forum Shops on the Las Vegas Strip. Wallace performs under the name DJ MasterWeb.[8]"

      "Wallace filed for bankruptcy in June, 2009. On 2009-10-29, a Northern California District Court Judge awarded Facebook $711M in damages.[12]. Although unlikely to collect due to his bankruptcy, the presiding judge in the case also recommended Criminal Contempt charges against Wallace, who may face jail time as a result." -wiki

      So uh, it's not like he's ridonculously wealthy as a result of being a sleezebag? What gives???

    4. Re:A Time Line of Sanford Wallace by Penguinisto · · Score: 3, Insightful

      1) They'd have to actually find him first (odds are good that all but the first cases were done with him in absentia).

      2) Good luck collecting.

      3) this may sound a bit trollish, but a thought occurred to me: as of right now, Spamford Wallace likely owes enough money to buy a brand new ballistic missile submarine. No one will ever see so much as a dime from him. So... why did they even bother? It's similar to the RIAA and Jammie Thomas - there comes a point where it becomes less of a statement and more of a parody. Trust me, I have zero sympathy for the son of a bitch, but do we have to make a mockery of our own legal system just to make a point?

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    5. Re:A Time Line of Sanford Wallace by eh2o · · Score: 2, Interesting

      Spammer makes profit from facebook users. Facebook (+lawyers) make profit from spammer. Is this a new business model? Why isn't this a class-action lawsuit?

    6. Re:A Time Line of Sanford Wallace by oldspewey · · Score: 3, Funny

      Make him work it off in a sweatshop for the rest of his days.

      "Mr. Wallace, you are hereby sentenced to spend the remainder of your natural life logged in to a mail client pressing the delete key."

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    7. Re:A Time Line of Sanford Wallace by morgauxo · · Score: 2, Insightful

      Nah, let's make him a mail server. Give him one of those old green and black text terminals. Give it an IP and make any requests to port 25 go to his screen. His job is to read the incoming SMTP commands and respond accordingly. He would then swivel his chair to a second terminal where he would use telnet to connect to port 25 of the destination servers and send the message on... manually. I'm sure he will get a special kick out of messages with attachments! He can do this eight hours a day 5 days a week (I can only be so sadistic even to him) for minimum wage applied towards his debt. No doubt the server will get backlogged quickly and I wouldn't expect him to keep up with it all. I would deduct for typos though. I'm sure some Slashdotters could think of things to send via the Spamford Mail Server

    8. Re:A Time Line of Sanford Wallace by lowrydr310 · · Score: 2, Insightful

      Eh, someone with his intellect could easily go get a job on Wall Street. Then he could make millions just as unethically, but legally.

    9. Re:A Time Line of Sanford Wallace by cetialphav · · Score: 2, Interesting

      easily go get a job on Wall Street. Then he could make millions just as unethically, but legally.

      It still isn't that easy because of competition. On Wall Street, there are thousands of ruthless, smart people who would do anything to be super rich. Don't be fooled by what you see in the media. Most people on Wall Street are not super rich just like most actors in Hollywood are not super stars. The vast majority are working really hard to give themselves a chance to hit it big. Being super smart and super unethical doesn't make you special on Wall Street. By being a spammer, he didn't have competition so it was easy.

    10. Re:A Time Line of Sanford Wallace by Rary · · Score: 2, Interesting

      What I don't get is why a joker like that - who is obviously intelligent - doesn't just find a legal way to get rich. It can't be that hard.

      Maybe he doesn't want to.

      Most people who are really good at doing something got to be that good because they enjoy doing it.

      If he enjoyed doing something that is both profitable and legal, then he'd probably be just as rich with no legal problems. But he doesn't. He enjoys doing exactly what he is doing.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  2. Stupid Name by Monkeedude1212 · · Score: 2, Insightful

    Does anyone else find it ironic that the "Can-Spam Act" is meant to stop people from spamming, specifically from the false and misleading type?

    1. Re:Stupid Name by pz · · Score: 2, Interesting

      Does anyone else find it ironic that the "Can-Spam Act" is meant to stop people from spamming, specifically from the false and misleading type?

      I believe the intent was to have the first word in CAN-SPAM be a verb, with the meaning of "can" being, "to throw in the trash."

      --

      Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    2. Re:Stupid Name by TheRaven64 · · Score: 3, Funny

      Yes, it's ironic, in this context it's meant as "to put it in a can", you know, like the meat Spam.

      You mean, the thing you do to spam before you deliver it to millions of people all over the world?

      --
      I am TheRaven on Soylent News
    3. Re:Stupid Name by mcgrew · · Score: 2, Insightful

      I think it's such a weak law (and probably intentionally so) that it means that you can spam with impunity.

  3. Idea! by gcnaddict · · Score: 4, Insightful

    Facebook should just use this as their business model.

    I mean hey, if the money ever actually does come in, it's perfectly viable given how often people spam Facebook users.

    --
    Viable Slashdot alternatives: https://pipedot.org/ and http://soylentnews.org/
  4. Good ol' Spamford by willith · · Score: 4, Insightful

    Sweet merciful crap, is Spamford Wallace still around? We were stabbing voodoo dolls with his picture on them more than ten years ago. His C.V. reads like list of things that are wrong with the Internet. If there were ever someone that the world would be a better place without, it's this guy.

  5. SO.. by CrackedButter · · Score: 3, Funny

    Facebook have turned a profit now right?

  6. Nice by mosb1000 · · Score: 5, Funny

    It's good to see a corporation winning a $700,000,000 against an individual once in a while.

    1. Re:Nice by jhfry · · Score: 2

      Whoever modded this as troll is unfair... I think it was kinda witty and should have at least got a Funny or two.

      It is kinda funny to see an individual taken to the cleaners by a corporation and the /. crowd being pleased about it.

      --
      Sometimes the best solution is to stop wasting time looking for an easy solution.
    2. Re:Nice by DurendalMac · · Score: 4, Insightful

      Hey, the little guy isn't always the good guy and the big guy isn't always the bad guy.

  7. SANFORD Wallace? by RevWaldo · · Score: 2, Funny

    Now, that's a name I've not heard in a long time. A long time.

  8. Time for the death penalty by JoshuaZ · · Score: 5, Interesting

    There's a certain point where we need to consider the death penalty for this sort of thing. Sure, we normally only use the death penalty for heinous crimes, but from a utilitarian perspective it is quite clear that people like Sanford Wallace are doing far more damage to society. If Wallace is taken out and shot he'll lose about 365*50*24= 438,000 life hours. On the other hand, even a year or two of Wallace's normal behavior causes the rest of society to lose far more time. We should consider a death penalty for serious spammers or possibly a long sentence where he is kept far away from any computer.

    1. Re:Time for the death penalty by JCSoRocks · · Score: 2, Funny

      Hmm, this is an interesting concept. However, to carry it to its natural extreme.... what then would we do with Microsoft? I've wasted hundreds of hours of my life trying to fix their crap.

      --
      You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    2. Re:Time for the death penalty by AJWM · · Score: 5, Funny

      And an appropriate execution method might be death by ten thousand paper cuts. Or just leave him naked in mosquito country at the start of the season. I mean, it's not like any one cut or bite is that serious....

      --
      -- Alastair
    3. Re:Time for the death penalty by JoshuaZ · · Score: 4, Interesting

      You agreed at some point to buy a Microsoft product. You or someone you are helping opted in. And most likely once you've got it working you will actually have saved time overall. There's no claim that a) people opted in to Wallace's crap or b) that anyone will save time overall from what Wallace is doing.

    4. Re:Time for the death penalty by CraftyJack · · Score: 2, Funny

      Hmm, this is an interesting concept. However, to carry it to its natural extreme.... what then would we do with Microsoft?

      What would we do with Slashdot?

    5. Re:Time for the death penalty by omnichad · · Score: 4, Funny

      Force him to eat nothing but spam until he dies of malnutrition.

    6. Re:Time for the death penalty by Anonymous Coward · · Score: 2, Insightful

      To be serious for a moment, why has this jackass not been completely prohibited from using the internet? Judges have already told him that he can no longer use Myspace or Facebook - why not just bite the bullet and tell him that he cannot use the internet at all?

      Considering his track record in junk faxes as well, I'd probably suggest disallowing him use of any communication service whatsoever. If he still wants to "spam," he can do it in person where his "potential customer" can easily respond... preferably by a swift kick to the balls.

    7. Re:Time for the death penalty by 10101001+10101001 · · Score: 2, Interesting

      You agreed at some point to buy a Microsoft product. You or someone you are helping opted in. And most likely once you've got it working you will actually have saved time overall.

      I and someone else didn't opt in to Microsoft wasting our time. More importantly, me helping someone else doesn't save me any time overall. Perhaps that someone else bears some of the blame, but I don't think all the blame can be shifted on people who quite clearly are incapable (either intellectually or through gross lack of information available) of having truly opted in to all that was entailed.

      There's no claim that a) people opted in to Wallace's crap or b) that anyone will save time overall from what Wallace is doing.

      People opted in to Wallace's crap the same way they "opted-in" to Microsoft's crap: it's a consequence of using the system for which most people acknowledge there really is no solution, short of avoiding the system. With e-mail, you can't hold the system at fault nor can the system be fixed, but in Microsoft's case you can hold them at fault and in many cases they can fix the problem. As for saving time overall, presumably somewhere Wallace spammed someone who actually bought what Wallace was peddling, thereby saving themself time overall. Your argument only plays well if you look at overall societal utility, but then I'm not really sure Microsoft gets a positive score in that area either (perhaps they and all OS makers (and Wallace) do by shear inherent increased efficiency due to computers and telecommunication.

      --
      Eurohacker European paranoia, gun rights, and h
    8. Re:Time for the death penalty by plague3106 · · Score: 2

      I and someone else didn't opt in to Microsoft wasting our time. More importantly, me helping someone else doesn't save me any time overall. Perhaps that someone else bears some of the blame, but I don't think all the blame can be shifted on people who quite clearly are incapable (either intellectually or through gross lack of information available) of having truly opted in to all that was entailed.

      Oh, were you forced at gun point to install MS software? If not, and you still did, you opted in.

    9. Re:Time for the death penalty by mcgrew · · Score: 3, Interesting

      Bleeding heart conservatives...

      Look, when I die, it's likely to be a horrible ordeal. Have you ever seen anyone in the last stages of Alsheimer's or cancer? You're going to die in a car wreck or other accident, of some terrible disease. Very few are as lucky as my late ex-mother in law, who just stopped in mid sentence like a robot whose battery was yanked out.

      We're all under a sentence of death, and most of us are sentenced to death by torture. And we have no idea when it will happen. You might live to be 110, or you may keel over ten minutes from now.

      The man condemned by other men to die, on the other hand, know exactly when they're going to die. They have a chance to make their peace with any creator they happen to believe in. Then they are painlessly and without muss or fuss humanely put to sleep like a beloved pet.

      I'd rather they die naturally, in prison, when their time comes, letting them think about the horror they have wreaked on people.

      You capital punishment advocates are far too kind.

    10. Re:Time for the death penalty by 10101001+10101001 · · Score: 2, Informative

      Oh, were you forced at gun point to install MS software? If not, and you still did, you opted in.

      Oh, were you forced at gun point to use e-mail? If not, and you still did, you opted in to spam.

      Oh, were you forced at gun point to eat that peanut butter? If not, and you still did, you opted in to contracting Salmonella.

      Oh, were you forced at gun point to cross that street? If not, and you still did, you opted in to being ran over by a car.

      Gosh, that's a silly argument.

      --
      Eurohacker European paranoia, gun rights, and h
  9. How is Facebook going to distribute... by JBL2 · · Score: 5, Interesting

    ... the money to the users who suffered damage?

    1. Re:How is Facebook going to distribute... by arthurpaliden · · Score: 2, Funny

      Become a pay site and give them all free accounts?

  10. Where do I add this new app? by Sebastopol · · Score: 4, Funny

    "Facebook's application for a default judgment against Wallace for violating the Can-Spam Act"

    Cool new app!

    I crack myself up.

    --
    https://www.accountkiller.com/removal-requested
  11. Re:Free Viagra! by mysidia · · Score: 4, Informative

    The CAN-SPAM act ruined it by superceding prior federal law that made sending junk faxes/e-mail subject to a per-message penalty to be paid to the recipient, prior to the act.

    Before then.. individuals did sometimes did sue spammers, I believe it was ~$500/message..

  12. This sounds like a fantastic business model... by Gybrwe666 · · Score: 3, Interesting

    1) Start Web 2.0 web site utilizing every buzzword you can find
    2) Desparately woo users until you get large enough to matter
    3) Sit down a year or more later to desperately figure out a revenue model
    4) Provide Spammers a way to proliferate
    5) Sue them!
    6) PROFIT$$$$$$$

    Not only that, but this also avoids the usual problem in Slashdot business plans in that there is no question marks in either steps 3 or 4.

    Anyone got a good idea?

  13. Facebook for Grand Nagus. Re:A Time Line by Forge · · Score: 2, Funny

    Unwritten Rule of Acquisition #317-: " If you are a big bully, go beet up on someone who annoys the hell out of everyone else. It's highly profitable in direct Latinum and customer willingness to give you more Latinum."

    Facebook should be appointed Grand Nagus for coming up with such a lucrative idea.

    --
    --= Isn't it surprising how badly I spell ?
  14. Stop the invites by adosch · · Score: 3, Insightful

    Now if only people would stop 'spamming' me with their Facebook invites...

  15. Don't hold your breath... by damn_registrars · · Score: 2, Informative

    ... waiting to see a collection on that. Most likely he won't pay a dime of that fine. There is no reason to expect otherwise.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  16. What's in a name? by clyde_cadiddlehopper · · Score: 3, Funny

    "Wallace and his company Smartbot.net" Sort of like naming your firm "Ruthless Swindlers, Inc."

    --
    Obi-Wan: "I felt a great disturbance in the Force, as if millions of voices suddenly cried out in terror and were sudden
  17. Are you for real? by damn_registrars · · Score: 3, Insightful

    There's a certain point where we need to consider the death penalty for this sort of thing.

    Are you trying to actually accomplish something or are you just trying to make yourself feel better?

    from a utilitarian perspective it is quite clear that people like Sanford Wallace are doing far more damage to society

    OK, we'll go for the latter (much) more so than the former.

    There are multiple reasons that any sensible person can quickly come up with as to why this would be a useless guesture:

    • There are too many spammers to kill them all (or even make a dent in the spam volume by trying)
    • Spammers are stateless, and will just flee to countries where spam laws don't exist - where they can continue to make money through spamming
    • There is too much money in spam to prevent people from going into it just because there is a remote chance of facing criminal charges in one country for it

    And thats just getting started...

    You'd might as well use a voodoo doll, it would be just as effective and far less expensive.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  18. Facebook is now the government? by Chapter80 · · Score: 2, Insightful

    From the summary:

    Facebook also has a criminal contempt case on Wallace

    I thought criminal cases were always "The State v. ___" or another government agency. I have a hard time believing that Facebook has a criminal case against the guy.

    Is there a lawyer in the house (or at least someone who plays lawyer on Slashdot)?

    1. Re:Facebook is now the government? by Anonymous Coward · · Score: 2, Informative

      Try not to read too much into the summary. If there is a criminal contempt case, it likely involved Facebook complaining to the court that Wallace isn't complying with the order, and the court handling the matter as a criminal one, probably due to well, gross contempt of it.

      That's just a bit of speculation though, haven't read the matter enough to certify my explanation.

  19. Re:Wrong "Method and Process" for stopping spammer by maxume · · Score: 3, Funny

    If you aren't willing to carry out the sentence yourself, with your parents watching, you don't really believe in it.

    --
    Nerd rage is the funniest rage.
  20. A few notes about Wallace by efalk · · Score: 2, Interesting

    Wallace is the guy that invented mass email spam. If his ISP had shut him down on day 1, the world might be a different place today. Spam exists because ISPs tolerate it.

    It is almost unheard of for a plaintiff to collect money from a spammer. They're either broke, or they've successfully hidden their money. The $711M judgment is purely symbolic. Facebook knows full well that they'll never collect a dime.

    I agree that jail time is the only solution. Wallace is the recidivist's recidivist.

  21. That is not funny at all. by Suzuran · · Score: 3, Funny

    Prison rape is a serious problem and should not be taken lightly. I am appalled and disgusted by your suggestion that some poor criminal should be forced to have sex with Sanford Wallace. There is no law on earth that can sentence a man to such an awful fate. Our constitution prohibits cruel and unusual punishment and it would do you well to never forget it!