[Seven]

That's right

The FIRST-EVER Felony Spamming case went down today.

"LEESBURG, Va. - A man convicted in the nation’s first felony case against illegal spamming was sentenced to nine years in prison Friday for bombarding Internet users with millions of junk e-mails.

However, Loudoun County Circuit Judge Thomas Horne delayed the start of Jeremy Jaynes’ prison term while the case is appealed, saying the law is new and raises constitutional questions.

A jury had recommended the nine-year term for the Raleigh, N.C., man."

Full Article

I'm glad to see the feds are finally clamping down on these guys...but the problem still remains. This is a good start though.

7

[tom10167]

NINE YEARS?

I think that's way, way, way, too harsh a punishment considering what some people will serve six years for. I hope he gets off way earlier, just for the sake of humanity, but hoorah for no more spam!!

[rhino56]

Originally Posted by tom10167

NINE YEARS?

I think that's way, way, way, too harsh a punishment considering what some people will serve six years for. I hope he gets off way earlier, just for the sake of humanity, but hoorah for no more spam!!

i agree with that. way way way too long for the crime.
he bothered me with an email, send him to prison where he may be killed.

[hkgonra]

Originally Posted by rhino56

i agree with that. way way way too long for the crime.
he bothered me with an email, send him to prison where he may be killed.

He and people like him fill mailboxes with junk and even some children's mailboxes with porn. Think of how much his spam cost all of us in real dollars , then imagine if he robbed a place to get that amount, and yes it would have to be Fort Knox , how many years would he get ? Life ? probably.

[Enablingwolf]

I think the reason he got so much time was for the fraudulent way he did it. Not the SPAM itself.
I don't like SPAM. It is the ones that don't go by the rules that irk me the most. Spoof my filter(false 5p3llings) or create false addies, that just ticks me off. 9 years seems a bit harsh, but he was very aggressive in his techniques. He got what he deserved.

[ColtIce]

Originally Posted by hkgonra

He and people like him fill mailboxes with junk and even some children's mailboxes with porn. Think of how much his spam cost all of us in real dollars , then imagine if he robbed a place to get that amount, and yes it would have to be Fort Knox , how many years would he get ? Life ? probably.

don't you think thats a bit of an exaggeration.I mean come on just how many REAL dollars have YOU spent to deal with spam?sure it's annoying but it hasn't cost me one dime to hit the delete button for thirty seconds a day.Basicly I do the same thing to the junk that comes to my mailbox via snail mail,pitch it in the trash.
sorry this strikes a nerve with me,9 years for sending spam thats just absurd.I know someone that pulled a string of armed robberies that only got 10 years.Also another that got convicted of attemted murder and agg robbery that got 15.I don't know about anyone else but I feel those crimes are far worse than sending some spam.

[tom10167]

Originally Posted by hkgonra

He and people like him fill mailboxes with junk and even some children's mailboxes with porn. Think of how much his spam cost all of us in real dollars , then imagine if he robbed a place to get that amount, and yes it would have to be Fort Knox , how many years would he get ? Life ? probably.

A bit naive. Someone just got six years for stealing $400,000 or so on Ebay.

Which victim would YOU rather be?

I'm really thinking he'll get out in 2-3.

[Enablingwolf]

Well he is not going to jail yet. He is on an appellate bond pending the review of the ruling. To see if it is constitutional or not.
I believe he should do some time, but 9 years as a first time ruling, in a never before tried case. That seems kind of harsh. Was he an SPAM martyr of sorts to set an example to really discourage the tactics he used? Or did he violate that many actual laws? How many counts were brought against him?
I believe a hefty fine, and a few years might be the final outcome. We will see once his case goes through the appellate.

[squasher]

The scary thing to me is that this case, if it goes threw, sets the precident for all spam cases to come.
I think that 1-2 years is fine for that kind of crime, its not a nice place to be.

[Malpine Walis]

I really don't buy the argument that he did not personally take money from me. Yah, it may be true that I don't pay any attention to spam (I have basically abandoned my primary email addy because it is spam infected) but the whole nature of the game is that a very few people do and they pay money. Then those who do help scummy guys to get rich while they do as little actual work as possible.

Perhaps a reading of the internally linked articles will provide a more complete picture of what he actually did. I pulled quotes out of the other articles to assemble what this guy is about. Reading it this way paints quite a different picture of what this guy did.

Originally Posted by MSNBC

LEESBURG, Va. - As one of the world's most prolific spammers, Jeremy Jaynes pumped out at least 10 million e-mails a day with the help of 16 high-speed lines, the kind of Internet capacity a 1,000-employee company would need.

Jaynes, 30, who was considered among the top 10 spammers in the world at the time of his arrest, used the Internet to peddle pornography and sham products and services prosecutors said. Thousands of people fell for his e-mails, and prosecutors said Jaynes’ operation grossed up to $750,000 per month.

Prosecutors said Jaynes, 30, and DeGroot, 28, who live in the Raleigh, N.C., area, used the Internet to peddle sham products and services such as a “FedEx refund processor.” that promised $75-an-hour work but did little more than give buyers access to a Web site of delinquent FedEx accounts. In one month alone, Jaynes received 10,000 credit card orders, each for $39.95, for the processor.

He provided bogus contact information and company names when registering for Web sites, making it almost impossible for recipients to track him down. He also falsified routing information within message headers and used software to generate phony domain names identifying the e-mail server used to send messages.

"When you're marketing to the world, there are enough idiots out there" who will be suckered in, Assistant Attorney General Russell McGuire said in an interview.

So this guy sat on his spotty behind squeezing blackheads while his computers did his nefarious work for him. For such a noble effort, he is compensated to the tune of $25,000 a day, while having an estimated overhead of about $1,666 for the same day.

That is not capitalism at its finest hour. That is profiteering and usury both acts that have been illegal for quite a long time. One of the reasons why our economy has grown as large as it has is because the government decided long ago that the little guy (you and I) need to be protected from people who would run a business that provides nothing of any import while allowing the money to roll in.

Yes, it is true that robbers and rapists often get less jail time than this guy has been sentenced to. However, it is also true that all classes of criminals get no time for most of the crimes that they commit before they get caught. Typically, many criminals commit many crimes for which they will never be punished. At the end of a long run of crime, they may be caught and charged with the commission of a relatively small percentage of the crimes of which they are actually guilty.

For example our intrepid spammer stands convicted of sending less than 1% of the email that we know he actually sent. If any criminal could be charged with the crimes which they are really responsible for, you can be certain that jail sentences for all crimes would be considerably longer. For example, if a rapist gets five years for a single rape but he committed ten other rapes before that time, then saying that rapists only get five years tells us nothing about the appropriate punishment for all the chaos and grief left in the wake of that individuals career.

[ColtIce]

Originally Posted by Malpine Walis

*snip*

I just want to be clear that I do feel punishment is due but more in the lines of 3-4 years time and such a large fine that in essence will put him under supervision for the rest of his life.I also feel that there are far more heinous crimes that space could be used for.

[Malpine Walis]

ColtIce, please remove the fake quote. It serves no purpose which is relevant to this thread. If you wish to quote me in the future, then feel free but when you use the quote tags, please put someting that the other poster actually said inside them.

[ColtIce]

Originally Posted by Malpine Walis

ColtIce, please remove the fake quote. It serves no purpose which is relevant to this thread. If you wish to quote me in the future, then feel free but when you use the quote tags, please put someting that the other poster actually said inside them.

Done and sent you a Pm.but really what I was getting at what do you feel would suffice as punishment.

[Slackfumasta]

You guys aren't seeing the real costs of spam mail.

Companies are the ones who are losing millions of dollars because of spam. Spam uses bandwidth, more spam uses more bandwidth, and bandwidth costs money. Then there is the cost of technology to try and combat the spam mail.

Large amounts of spam can clog up a mail server, delaying real emails which often results in lost business. It happens all the time (it's happened to our mail server recently).

It doesn't really cost an individual home user any money to hit the Delete button, but when you talk about managing large email networks there is a substantial amount of money involved.

P.S. I do have a hard time believing that 9 years is appropriate though...

[DuckDodgers]

Originally Posted by squasher

The scary thing to me is that this case, if it goes threw, sets the precident for all spam cases to come.
I think that 1-2 years is fine for that kind of crime, its not a nice place to be.

I agree 1-2 yrs should suffice if there is a hefty fine and restatution.

[Enablingwolf]

I think time is money.
I have had mailboxes so full as to make them unusable for receiving legit mail. Emptying a box every day can be a pain. If it is not emptied out the spam you would miss mail from it being bounced. This eventually results in a reworking of the name of the mail account to stop it. That cost time and energy. Not considering notifying contacts. Now most ISP's have larger capacities to handle this. It is still a pain in the rear though. Not all the ISP's have the large boxes.

Here is a real life example:
I know some folks who have a mom and pop 5 meg dialup box that fill up in the early AM from nothing but spam and the related images. By 3 Pm the box is unusable if not checked/emptied. They know not any better.
I am always reworking their filters to combat this, and it costs them money. So their legit mail can be there when they want it. Not some unsolicited pumps, pills and potions ads. With the personal mail and Spam it adds up real fast. At least with personal mail you can tell a person to lighten the load on the images in mail and most will comply. Spam no way, you just get more if you try and stop it. That verifies there is a reciever for the box.

Now how harsh the laws are depends on the state, some states have no sence of humor whatso ever. Big time little crime. I am curious if it will be ruled constitutional or not for that state. He messed with AOL, and oh boy is he going to pay.

[Silversinksam]

He probably won't get 9 years, he's out on appeal, an appellate court may reduce the sentence, or even the remote chance throw out the sentence

[squasher]

Originally Posted by DuckDodgers

I agree 1-2 yrs should suffice if there is a hefty fine and restatution.

I agree, to me it seems like the person should not make any money off what he did, take all of it away.

[zexmarquies01]

What he SHOULD do, is have 1-2 years in prison, And be forced to pay a fine, of what he brought in from scamming.

They figure out about how much he made, and forced to pay that ammount as his fine.

oh, and he should no longer be able to touch a computer again for the rest of his life.

9 years is a bit to much for this. but then again, someone has to take the first shot to teach everyone else a lesson....no matter what the courts choose, this will be a great day for everyone who hates Spam.

[nahmus]

Originally Posted by zexmarquies01

What he SHOULD do, is have 1-2 years in prison, And be forced to pay a fine, of what he brought in from scamming.

They figure out about how much he made, and forced to pay that ammount as his fine.

oh, and he should no longer be able to touch a computer again for the rest of his life.

9 years is a bit to much for this. but then again, someone has to take the first shot to teach everyone else a lesson....no matter what the courts choose, this will be a great day for everyone who hates Spam.

Even if he goes to jail it will be minimum security, like martha stuart went to. For 750,000 a month for those years he worked its a fair trade.

the government should treat this like a drug case. TAKE EVERYTHING HE HAS. then maybe 1-2 years in jail.

There is a real price to SPAM. If you are a large company or someone part of the backbone those huge routers a VERY expensive. Add into that the support, service contracts and peoples salaries and it adds up to quite a bit.