[Wolves] Peter watch out :-))))
Kevanf1
kevanf1 at gmail.com
Mon Apr 11 15:32:10 BST 2005
On Apr 11, 2005 1:06 PM, Dick Turpin <highwayman.turpin at gmail.com> wrote:
> > > On Saturday 09 April 2005 13:36, Kevanf1 wrote:
> > >
> > > > I have just read on the news (Teletext - ITV) that the first
> > > > successful prosecution for spamming has been carried out. A guy in
> > > > Virginia, USA has been jailed for 9 years. Best be careful Peter
> > > > ;-)))
>=20
> I was gonna just ignore this (maybe I should) but having now read the
> report I cant help myself.
>=20
> http://www.contractoruk.com/news/002044.html
>=20
> An American internet spammer who amassed $24 million (=A312.7m) from
> e-mails peddling pornography, fake products and home-working schemes
> has been handed down a nine-year jail sentence.
>=20
> -------<Insert>------
> You'll notice this guys stuff was predominantly Porn (although in this
> report it only gets a cursory reference) it would seem that he prayed
> on peoples desire for things that most people would not readily admit
> to.
> -------<End>------
>=20
> Jeremy Jaynes, 30, sent over 10 million pieces of spam per day from
> his home in North Carolina, making him one of the most prolific
> spammers in the world, according to industry watchdog, SpamHaus.
>=20
> The millionaire, who is married, is estimated to have received
> responses from one in every 30,000 e-mails, in addition to flooding
> tens of thousands AOL accounts from servers based in Virginia.
>=20
> -------<Insert>------
> So he was getting responses which means it was working.
> -------<End>------
>=20
> As a result, Jaynes received between 10,000 and 17,000 credit card
> orders a month =96averaging $40 each, prompting prosecutors to brand him
> "the modern-day-snake-oil salesman."
>=20
> But despite the scale of his crime, Judge Thomas Horne has agreed to
> postpone his nine-year sentence under new legislation until the date
> of Jaynes' appeal.
>=20
> Judge Horne also pointed out that because the anti-spam law is new it
> raises constitutional questions, including the right of state to
> regulate interstate commerce.
>=20
> -------<Insert>------
> Ah, so the Law isn't there yet then?
> -------<End>------
>=20
> Prosecutors however insisted that under Virginia law Jaynes was
> guilty, saying he broke legislation that prohibits marketers from
> sending more than a certain amount of spam within a time-frame, while
> he also used a fake e-mail address to cover his tracks.
>=20
> -------<Insert>------
> Hm, so it's OK to send Email Marketing so long as it's a certain
> amount over an unspecified time scale!!!
> -------<End>------
>=20
> Jaynes has since been released from court on bail of $1m, though
> prosecutors and computer users are rejoicing that he is electronically
> tagged, and cannot leave his home town of Raleigh.
>=20
> The spammer was convicted alongside his sister, Jessica De Groot, who
> is credited with playing a lesser criminal role but faces fines of up
> to $7,500.
>=20
> With the proceeds of their venture, Jaynes bought two homes, a steak
> restaurant and invested in a chain of gyms.
>=20
> Sentencing Jaynes, Judge Thomas Horne said: "The jury in large measure
> represents community sentiment" and reflects spamming's "tremendous
> societal costs."
>=20
> He added that the nine-year sentence should act as a "deterrent to
> stop other people who might send unsolicited mail in this fashion."
>=20
> -------<Insert>------
> So will he win his appeal I wonder? I doubt it very much given the
> rewards he has amassed that will be his downfall if he had made
> 27Cents I bet he would have gotten away with it considering the two
> grey areas listed above.
> -------<End>---------
>=20
> --
> Dick Turpin
> "Stand and deliver!"
>=20
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>=20
For sending out that sort of spam - porn included - he deserves more
than 9 years. Not everybody wants or desires porn. My 14 year old
daughter, as an example, certainly doesn't. But what this guy was
doing, as have and are doing many others is indiscriminate mailing of
undesirable material. That's what I have against spam.
:-)
--=20
Take care.
Kevan Farmer
34 Hill Street
Cheslyn Hay
Staffordshire
WS6 7HR
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