For all of you naysayers who insist that the Federal anti-spam law should be called the “YOU-CAN-SPAM” act instead of the CAN-SPAM act, and who say that it will never be a useful tool, Florida spammer Peter Moshou just might beg to differ.
In what has to be one of the shortest start-to-finish spam lawsuits in history (and let’s face it, the entire history of anti-spam law and lawsuits is just a few years old), Earthlink filed a lawsuit under CAN-SPAM in January – that’s January 2005 – against Moshou, and the suit concluded this week – that’s under six months later, with Peter Moshou ultimately admitting his guilt. Moshou now faces up to 3 years in prison, and $350,000 in fines.
Earthlink, along with MSN and AOL, have established themselves as really going to the mat to take spammers down in court. In 2003 they secured a $16.4 million judgment against Buffalo Spammer Howard Carmack.
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Wow. The mind boggles at the thought of someone whose business model includes theft and trespass and considers it “legitimate”.
So, you *don’t* admit to fraud, but you do admit to trespass and theft of service?
yes. a misdemeanor that doesn’t ruin your life as mine as now been
No Timmer you have it backwards.I admit to spamming.What i’m saying is that there was no fraud.I was running a legitimate business with 20 employees.All this law does is take common law trespass and theft of services, which are both class B misdemeanors punishable by no more than 90 days MAXIMUM(first offense would get you a fine) and turn it into a 3 year federal felony.
The heading of that section reads “Sec. 1037. Fraud and related activity in connection with electronic mail”.
So you won’t admit to spamming, but you will admit to committing fraud, trespass, and theft of service, all because of the “anti-commerze netnazis” who are trying to stop your “ledjimit bidness”. This is sooo Rule 3 in action.
“Florida spammer Peter Moshou just might beg to differ.”
Wrong. i wasn’t arrested for spamming at all …. the staute of the can spam which i have decided to plead guilty to (not been found guilty of) does not state the word “unsolicited” anywhere and shouldn’t even be in this bill. It is just a way for corporations to stop the average man from making money in “their” world.
http://www.spamlaws.com/federal/108s877.shtml
`(a) IN GENERAL- Whoever, in or affecting interstate or foreign commerce, knowingly–
`(1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer or conspires to do so, shall be punished as provided in subsection (b).
I’ll celebrate if Moshou actually *gets* 3 years in prison and a $350000 fine. Phoenix Avatar (Daniel Lin, et al) got *no* jail time and a $230000 fine, which was limited to their available cash (app $20K). If that’s any indicator, Peter Moshou can expect to be rapped firmly upon each wrist. Meanwhile, Scott Richter, Eddy Marin, Andrew Westmoreland, and Atriks spam merrily away.
BTW, it is worth noting that the Earthlink judgement against Carmack was pre-CANSPAM,and when he was later convicted on criminal charges, it was for fraud under NY state law.
Aunty…
I filter through 100 spam emails a day, and I know you’re fighting an even bigger load. I have but one question:
Where’s our cut?