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story category 9 Year Spam Sentence Too Harsh?
Some think a more balanced sentence needed
(old news - 09:05AM Tuesday Apr 12 2005)
tags: legal · spam
Techdirt and Betanews discuss how some believe the nine year prison sentence given spammer Jeremy Jaynes went overboard, and was not commensurate with the crime. Critics note the sentence is on par with violent crime like rape, and allows him to keep his mansion and other ill-gotten gains.

Related:
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  2. Alan Ralsky Indicted
  3. Spam King Faces 26 Years In Jail
  4. You Have a Constitutional Right to Send Spam
  5. Monday Morning Links
  6. AT&T Slammed For Text Message Spam
  7. Your Constitutional Right To Spam
  8. FTC Shuts Down 'Rogue' ISP
Forums » 9 Year Spam Sentence Too Harsh?
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griff1013

join:2002-01-10
Virginia Beach, VA

Are you kidding me???

He should never see the outside of a jail for the rest of his entire life and all his property seized and sold to pay for his incarceration. Crimes like this need to be elevated to a much higher level and punishments increased at least 10-fold.

Look at it this way. Millions of fraudulent transactions. If each one was prosecuted as an individual crime, he would receive millions of years in jail. It is almost better to committ billions of these frauds and have the whole case become a reverse class action so he can get off with a lighter sentence. The more scams you pull, the less your sentence will be???
Cyron

join:2002-09-24
Charlotte, NC

Re: Are you kidding me???

I think the prison sentence was a bit harsh. He probably should get 1-2 years, several years of probation (where he can't own or access a computer on the internet), and stripped of all money and/or property received from spam profits.

Just like non-violent drug offenders, these people really don't deserve to serve a prison sentence that has the same duration as violent criminals.

Fluker

join:2005-04-07
West Lafayette, IN

Re: Are you kidding me???

Yeah, 9 years is harsh..

I would say 1 to 2 is more reasonable (he took alot of time from alot of individuals with his crap), he should be required to surrender 90% of his profits (seeing as we have decided they were illegally acquired), and probation ought to be in place to keep him from going at it again.

I've got to admit it's hard to be rational when every time I get a C1a1ss+V1agr4 mail I want to jump through the screen and thrash the box and guy that sent me that crap.

(Gmail is sweet- 5 months and not ONE unsolicited message!)

djrobx

join:2000-05-31
Valencia, CA

Re: Are you kidding me???

Don't forget that the sentence is overstated. He probably won't serve anywhere near 9 years.
--
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outerspace_Geek



Re: Are you kidding me???

Don't worry.... he'll likely spend 5 mos at Camp Cupcake.... then get sentanced to 5 mos of house arrest at a lavish home where all he'll be able to do is to clean and re-model... oh.. perhaps he'll be able to work on a new TV show or some other such nonsense

footballdude
Premium
join:2002-08-13
Imperial, MO

said by Cyron See Profile:

Just like non-violent drug offenders, these people really don't deserve to serve a prison sentence that has the same duration as violent criminals.
Non violent offenders usually get parole much easier and quicker so the comparison isn't exact.

Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:

Keep in mind, while calling this guy a spammer is good press for the prosecutor, the fact is most of his sentence came from FRAUD charges. He wasn't just sending annoying spam, he was taking money for products and other junk that were never delivered.
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bmcwilliams

join:2002-11-12
USA

Re: Are you kidding me???

Camelot One wrote: the fact is most of his sentence came from FRAUD charges. He wasn't just sending annoying spam, he was taking money for products and other junk that were never delivered.

Not true. Prosecutors made sure the jury knew about Jaynes' various scams and anti-social behavior, but he was convicted only of forging email headers. In Virginia, that's a "Class 6" felony, punishable by one to 5 years in jail per count.

technick
Premium
join:2000-12-16
Loganville, GA

As much as I hate spammers, I personally think that this penalty is really harsh, and counter productive. I would like to see the sentence dropped to 4-6 years, alot of community service, and stripped of all property that was funded by scams, and spam. Also 10-15 years probation.
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said by griff1013 See Profile:

He should never see the outside of a jail for the rest of his entire life and all his property seized and sold to pay for his incarceration. Crimes like this need to be elevated to a much higher level and punishments increased at least 10-fold.
I don't think the hard time was unfair. But I do think they should grab every cent he owns and turn him into a pauper. They were way too easy on him there.
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

yea when i get a crapload of spam i wish i could track down the spammer, shoot them in the legs and arms and then leave them in death valley for the Vultures(provided Vultures would eat their own dead)
--
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Voyager2K2

join:2001-10-04
Wayne, PA

Re: Are you kidding me???

Dude!
You friends with Taylor the Troll?

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..

While your desire for a draconian sentence is understandable on an emotional level, I seem to remember, from my school days, that one of the bedrock reasons for the creation of the United States was to develop a justice system that administered impartially and did not indulge in draconian sentences that were given to assuage a knee-jerk public need for knee-jerk public revenge. I will paraphrase:

We have a justice system, not a revenge system.

On the other hand, civil actions and penalties are warrented. His assets, in toto, are obviously the fruits of ill-gotten gain. The courts would be wise to place them in escrow, in preperation for civil actions that might distribute them to aggrieved parties who are successful in making their claims before the courts and receiving recompense for their costly deployments of technological solutions to the problems that this person's actions created.
sdd75

join:2001-10-14
Maryville, TN

Is it too harsh? Well, I think live (99 years) is excessive for spamming. To me, there is no comparison between this and violent crimes such as rape. Personally I believe that since rape can potentially effect the victim and heaven forbid a child and the rest of the family of the victim for an entire life, violent rape should accordingly effect the perpetrator an entire life, but that's a can of worms we probably don't need to open too far.

Regarding spam. The effects of this are rarely life long. Sure, someone could argue their 5 year old that saw a porno mommy didn't want him to see is scarred for life, but that delves to far into aggravation-based charges than anything else. I do feel jail time (and who is to say how much *shrug*) is appropriate. Additionally, if the spammer does more than simply spam, but also uses the spam to conduct other activities such as fraud, porn, etc, then the DOJ should go ahead and pile on the charges.

To summarize, in my opinion, the act of spam itself should receive a rather minimal penalty, say 1 year. However, once convicted of spam, then the door should be opened for a variety of other charges, both criminal and civil. (i.e. warrants should basically be automatically granted at this point to further investigate the spammer.) If the DOJ can successfully tie the spammer to other criminal activities, then the spammer should likewise be charged. In that case, I could see significantly larger penalties being imposed that are not directly related to the 1 year spam sentence.

In addition to criminal charges, as many victims of said spammer as can reasonably be identified by the investigation should be notified. Once convicted criminally, civil charges should be easily brought forth, particularly with the help of the DOJ. I think once a few spammers get their fortunes picked through by all of the vultures that come flocking in with civil charges, the point will be firmly made. The sheer number of cases suddenly facing said spammer would be daunting to say the least. I also think letting the victims file what would be at minimum a sizable class action against a convicted spammer would be at minimum, fair.

I also want to point out a recent case of spam-caused business losses I witnessed. I was managing IT for a local business who suddenly found their emails were being returned to them. Research later determined that an individual was sending child porn from the same server said company's web and email was hosted on. This caused said company to spend money on labor trying to find what was initially an unknown email problem, important government documents to be returned, and issues with them trying to track down which emails got through and which ones didn't. There is a lot of paid man-hours worth of damage done to the company. In addition, programs such as virus protection and spam blocking are now necessary as the collective result of individuals such as this one. If the door is open for this company to file a civil claim for the lost money in the form of wages, taxes, and software expenses against the convicted spammer, then additional justice would be served. This is just one small, private company among many companies small and big in the United States. The spammer would be paying for a very long time, both in and out of jail.

I think this is just.
mythology

join:2002-10-16
Seneca, SC
9 years is way to harsh. I get 15 calls a day from people trying to sell me stuff over the phone, i dont see them serving 9 years in jail and I know the phone company has the power to track them down.
nguyen27

join:2003-05-14
Quincy, MA

Re: Are you kidding me???

said by mythology See Profile:

9 years is way to harsh. I get 15 calls a day from people trying to sell me stuff over the phone, i dont see them serving 9 years in jail and I know the phone company has the power to track them down.
There is an option for you to get this phone calling stop, it is at »https://www.donotcall.gov/default.aspx
nguyen27

join:2003-05-14
Quincy, MA

Well, the guy get what he deserves, saying it is harsh is just sound like when some one kill some body else and just use the sanity defense to get away from it. The guy send spams to thousands or dar I said millions people, scamming people left and right and you say he doesn't deserve a 9 years in prison? He is not only cost people who he scammed, but also cost ISPs/Companies time and money to cleaning after his spamming emails.
mythology

join:2002-10-16
Seneca, SC
The do not call list? Ya how long before the list gets "lost" or sold. Why didnt they start a Do Not Spam List? lol

Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:

Re: Are you kidding me???

Do Not Call list is given to telemarketers, so they know who not to call. And there are some pretty steep penalties if they call anyway. However, those penalties are only enforceable with companies located in the US. Not only would a do not spam list be completely useless, the Do Not Call list will soon be, as VoIP is making it more affordable to cold call from overseas.
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gordoco

join:2004-06-05
Boulder, CO

Let's establish a fair sentence for this guy: how about 2 seconds for every email he sent. That seems like fair compensation for the amount of time it took each recipient to quickly scan the subject line and hit the delete key.

The article said he sent 10 million emails a day. That's 231 days in prison per day of spamming. I didn't see how long he was active, let's say 6 months. That would make his sentence about 41580 days, or 114 years.

I think he's getting a very lenient sentence.

Tomek
Premium
join:2002-01-30
Brooklyn, NY
·Packet8

American Justice system

To tell you the truth, American Justice system always surprises me. Recently I learned how skillfull lawyers present innocent victim as a criminal, only because they found some silly illogical law.
I don't think 9 years is too much, but they could give him restraining order on electronic devices for 10 years, 10000 community service. Fine=(Total Worth x2) and on top of that give only 2 years of dating with Bubba. That would be betiter.

Why Justice System amazes me. Criminals, like murderers, child molesters sometimes get less.
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dave
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join:2000-05-04
not in ohio
·Verizon Online DSL
·Verizon FIOS

Re: American Justice system

Well, that's the thing, isn't it? Punishments ought to be appropriate relative to other offences.

How much jail time does, say, a drunk driver get who kills 2 pedestrians? More than 9 years?

I have a hard time thinking that any amount of spam is worse than killing someone (I'm obviously a liberal, I rate crimes against the person as worse than crimes against property ), even though I personally suffer a lot from spam but have not known of any drunk-driver-caused death or injury.

Now, granted, he did scam people, and although it was likely for smallish amounts, he apparently scammed a lot of people, so that has to count for something. How exactly do we want the calculus of punishment to work?

So I really have no way to decide if this was "too harsh".

(I take it as self-evident that all his ill-gotten gains should be confiscated and, if feasible, returned to the victims).

alg
Just a shot away
Premium
join:2001-04-10
Houston, TX
clubs:

...

Just don't drop the soap Jeremy.

TrueAudio
192khz
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join:2002-02-24
Richmond, CA

Re: ...

Or make sure you get your visitors to bring you by some "Soap-on-a-Roap"
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ColdFiltered

join:2005-01-25
Atlanta, GA

Double the length and make it hard labor!

Then I might consider anything beyond that a little harsh. But he got of easy. We should offer him options: we could remove a certain appendage from his body as a trade-in for a shorter sentence.
Mizfit

join:2002-06-05
Whitehall, PA

Techdirt and Betanews are obviously girly men.

I say, the sentence was too lax. How many people were scam'ed by that piece of scum? 9 years sounds like a cake walk for an obvious man lover like Mrs Jaynes... Death penalty!!!

captokita
Premium
join:2005-02-22
Calabash, NC

Too harsh?

Problem #1 is it's new territory......

How many people did this guy steal money from? He ought to pay for every email he sent out. Once he gets out from however long he's locked up, if at all, he'll go right back to it. This time he'll get a place in China, or Russia to run his spam/scam operation.

"So what has this taught you Mr. Spammer?"
"That spam is wrong..... and I'm sorry I did it."
-Heh, morons, all I learned was to cover my tracks a lot better, so I'll set up shop somewhere else. Hell, I'll live in the US and HIRE someone in China to run my spams, and just cash in on it from a private offshore acct.-

W8ASA
Tieng gi vay?

join:2000-07-31
Dayton, OH
clubs:
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Private Offshore Account?

Those offshore accounts are becoming less and less private with each passing day. There will come a time when a government will have complete access to all transactions to and from its country, because of the huge tax losses it knows it's incurring. No question about that. To say that some guy in China will just run his operation for him is naive. That guy in China (or wherever) would eventually figure out how to run the scam operation himself, or skim the profits. After all, there really is no honor among thieves.
--
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captokita
Premium
join:2005-02-22
Calabash, NC

Re: Private Offshore Account?

The point I was making was that no matter what he gets as a sentance, he'll most likely just go right back to it as soon as he's out. Whether he's in physical comtrol of the operation, or running it remotely. That's not being naive, it's being realistic. The $$$ is too good to give up.
lefty1

join:2002-10-25
Clay, NY

Sentence

Only 9 years? Seriously, I have no pity for him, even if the sentence had been 20 years. But I do think he should also have been fined an amount equal to any and all damages caused by his spam, including inconvenience and time. He couldn't pay it? So what; let him spend the rest of his life trying.

Criminal behavior has consequences, and the perpetrator should bear all of them.
Tono

join:2002-01-15
Glendale, AZ

An eye for an eye

I think the 9 years is a bit much, and I do like th idea of a long probation, but with a twist...

in addition to a 1-2 year in prisons sentance, he shoudl get a very long probation period with community service.

His community service should be sifting through the thousands of spam messages everyday recieved by the poeple in his community. Each day there would 2-3 messages he must find in the pile of spam. For each day he misses one of those of those hidden messages, the DOJ would tack-on another day of probation

Now, that would be an eye-for-an-eye....

Tono...

Jason Levine
Premium
join:2001-07-13
USA

Re: An eye for an eye

I've said this before and like this idea. Except that I'm not sure I'd want a convicted spammer reading my e-mail. (I wouldn't want anyone reading my e-mail except me -- and possibly my wife -- but especially not a spammer!)

Perhaps we could set up a dummy account, wait for the spammers to flood it with spam, and send 1 or 2 valid messages to it each day. If he finds the valid ones, he's successfully completed one day of probation. If not, that day doesn't count towards the completion of his probation. Oh, and he wouldn't be allowed to use any spam filtering tools to help himself. Just plain old Outlook Express on a Windows XP machine.
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ReVeLaTeD
Premium
join:2001-11-10
San Diego, CA

Re: An eye for an eye

said by Jason Levine See Profile:

Just plain old Outlook Express on a Windows XP machine.
No. Outlook Express on a Windows ME machine. That way he can experience the crashes and all out crappiness that is that OS. Windows XP would try to help him out too much.

Lucky2

@pacbell.n

He did very well

Sentence will be reduced to 4-5 years with good behavior so $24 mil gain, he's getting to keep ~ $ 5 mil/year while the tax payers support him. Mike Milkin did better, took $2 billion gave back $1 billion and served 2 years. White collar crime pays very well, only the the masses suffer.

qdemn7
Smurf in My Loop
Premium
join:2003-09-16
Fort Worth, TX

Re: He did very well

Putting him in the slammer doesn't rally accomplish anything. He'll probably sit in the slammer and brood on his revenge.

Personally, I think he should be strung up on a post in a public square and given 100 lashes. I think that would get the point across much, much better. Then let him pick ups trash on highways for 2 years. That would really be doing some concrete good.

I'm quite serious about this. Not joking in the slightest.
--
Don't get me wrong, I love America, I wouldn't want to live anywhere else. But America often reminds of "Wackyland" in that old Porky Pig cartoon when he was looking for the Dodo. Wackyland's motto was "It can happen here."
sanstrom5

join:2005-01-26
Vancouver, WA

Re: He did very well

I am sure you are serious but shouldn't he have his assets gained from this taken away? Otherwise he's the richest trash pickeruper ever... He should do both IMHO.. His damage is probably immesurable.. Much like a virus author

qdemn7
Smurf in My Loop
Premium
join:2003-09-16
Fort Worth, TX

Re: He did very well

said by sanstrom5 See Profile:

I am sure you are serious but shouldn't he have his assets gained from this taken away? Otherwise he's the richest trash pickeruper ever... He should do both IMHO.. His damage is probably immesurable.. Much like a virus author
Absolutely, I agree with you. BUT, he probably hid some money in an offshore bank account the US Government will never get. Scumbags like him never stay poor for long.
--
Don't get me wrong, I love America, I wouldn't want to live anywhere else. But America often reminds of "Wackyland" in that old Porky Pig cartoon when he was looking for the Dodo. Wackyland's motto was "It can happen here."
pstation
Premium
join:2003-06-23
Indianapolis, IN

Let's not forget...

The guy is receiving a sentence this harsh because he was scamming people.

Captain Obvious



Re: Let's not forget...

Exactly! I'm glad someone finally pointed that out. The guy didn't get nailed for spamming - he got nailed for running cons.

Personally, although I absolutely loathe spammers, and hope Satan is setting up a special, cozy corner of hell just for them, I don't think spamming should be criminalized. Damn, too many things are already criminalized that shouldn't be. Civil liabilities are fine, but why the hell should the taxpayer have to give spammers 3 hots and a cot, which serves no one?

Of course, I think jail should be treated like a quarantine anyway. After all, most prisoners learn more about how to commit crime while in jail than out.
bmcwilliams

join:2002-11-12
USA

Re: Let's not forget...

The guy didn't get nailed for spamming - he got nailed for running cons.

Actually, he was convicted on three counts of forging email headers. That's a form of fraud, but his scams and rip-off products technically were NOT what he was sentenced for. Hence the argument about the punishment fitting the crime.
sanstrom5

join:2005-01-26
Vancouver, WA

Re: Let's not forget...

blah blah blah.. so you agree he was scamming but he shouldn't be punished for violating a law that states that forging email headers is a fraud? Am I getting you right? What are you saying by getting us all clear on this? Maybe they should let him serve 6 years and 354 days then file new charges for the scamming? Here's a good example for you.. A man is told that by pushing a button he will get riches but it will steal or hurt millions of people.. Should he be punished for just pushing the button? All he did was push a button.. A drunk driver is just operating a maching pushing a lever and moving a wheel.. That's all they were doing.. Action= consequence even on the internet and it can't be overlooked.. It's easy to say people are stupid. There are people who can't defend themselves against others.. Is that thier fault? Should they have to take self-defense in order to get justice? Should everyone who get's an email suspect that it's of ill intent? Personally I do but no one should be forced to... This guy was a predator just like a mugger they just had different ways of getting the same thing.

exocet_cm
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New Orleans, LA
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Blah blah blah

People (including myself) bi*ch and moan about spammers etc not being put in jail or punished, whatever.

Then as SOON as somebody gets a 9 year sentance, people (not including myself) start to bi*ch and moan about their sentance being too harsh.
--
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Voyager2K2

join:2001-10-04
Wayne, PA
·Verizon FIOS

New Sentencing Guidelines for Spammer/Scammers

Uh let's see.
Public flogging, that's good.
ALL assets seized, that's gotta happen to be fair.
2 years in the big house with possibility of parole.
Now for the scamming part.
Has to work 20 hours/week in a county home emptying bed pans or changing Depends for 5 years.
Can't get near the Internet for life. He so abused it he can never be trusted.
He has to wear one of those ankle things for 5 years because Martha made them so fashionable.

What did I forget?
Andromeda451

join:2004-04-08
Queen Creek, AZ

Re: New Sentencing Guidelines for Spammer/Scammers

You forgot the part about becoming "bubba's love doll"...

Voyager2K2

join:2001-10-04
Wayne, PA
·Verizon FIOS

Re: New Sentencing Guidelines for Spammer/Scammers

said by Andromeda451 See Profile:

You forgot the part about becoming "bubba's love doll"...
No that's Taylor the Troll's job.
He seems kinda fixated on that, don't you think?
dflynn
Continental Op
Premium
join:2004-02-09
Chesterfield, MO

9 years too harsh, I don't think so..

No I don't think 9 years is too harsh,In fact, I think it doesn't go far enough:

This would be better:

9 FULL YEARS in a supermax prison (say good-by to daylight)

Forfeiture of ALL profits and property (crime, there is no profit in it).

Allowed only to read Microsoft and/or AOL EULAs while doing time.

Now that harsh...

Hangthescumbag




from:
exocet_cm See Profile

The punishment should fit the crime...

Give the SCUMBAG 20 YEARS not 9 !!!

For those who think SPAM is just an "inconvenience",you fail to comprehend the cost to everyone involved. This SCUMBAG sent out 10 Million SPAMs per day and netted $500,000-$750,000 per month. He should be publicly stoned to death IMNHO, but I'll cut him some slack and agree on 20 years in prison plus loss of ALL ASSETS, payment for his incarceration and prosecution and appeals - ALL that tax payers end up paying for, for HIS crimes. He should also be made to pay retribution to every person and company he SPAMMED of no less then $100 Million total.

Dryvlyne
Far Beyond Driven
Premium
join:2004-08-30
Newark, OH

What's the big deal...

It is not like he is going to serve the full 9 yrs. anyway. He will be parolled in half that time. He should have all of his "ill-gotten gains" taken from him though. The biggest injustice is that he will eventually get to go home to a huge mansion and the like.

On another note, critics say that his sentence is on par with violent crime... well perhaps the sentences should be raised for violent crimes then Does it really take a genious to figure out that current sentencing guidelines are often very lax in this country (U.S.) when it comes to violent crimes. I don't know how many times I have read or seen on the news that a violent criminal is parolled early or that their sentence is on the "lower end of the scale" just for them to get out and commit a similar type of crime again!

91439306
15,000 Watts of Bass Power

join:2002-10-16
New Milford, CT

Re: What's the big deal...

said by Dryvlyne See Profile:

It is not like he is going to serve the full 9 yrs. anyway. He will be parolled in half that time. He should have all of his "ill-gotten gains" taken from him though. The biggest injustice is that he will eventually get to go home to a huge mansion and the like.
Not likely that he will have a home to come back to. The tax collector will seize the property once he's two years' delinquent on payments that he can't make while in jail.
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bmfan
Premium
join:2005-03-15
Saint Helen, MI

9 Year Spam Sentence Too Harsh?

quote:
In deferring the prison time, Loudoun County Circuit Judge Thomas Horne acknowledged that the law targeting bulk e-mail distribution is new and could raise constitutional objections.

``I do not believe a person should go to prison for a law that is invalid,'' Horne said. ``There are substantial legal issues that need to be brought before the appellate court.''

Horne also said he might reconsider the sentence if Jaynes loses the appeal. The judge did not elaborate.
even the judge thinks its to harsh

jmorlan
Hmm... That's funny.
Premium
join:2001-02-05
Pacifica, CA
·Pacific Bell - SBC

Email plague

I think there has to be some accountability. The money needs to be returned to the people he stole it from and he needs to serve some time like any other con-artist thief. I hope a harsh sentence might deter other spammers. Something has to be done about this electronic plague.
--
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lazarus_

join:2002-08-31
Resolute, NU

Spam Makes The Internet Go Round....

This is a curious read..

I for one am not annoyed by spam. I have a spam filter, and can easily spot the few spams I receive just by reading the senders email and subject. All major 3rd party email providers have some form of filter option..(So why all the whining?)

If today, spam stopped all together, many companies would go out of business - leaving many unemployed. (Would you want that?!)

After reading some of these comments, I find them pretty sad.. I think many of the people here have a case of the Red vs Blue (internet vs real world) symptoms, cause this type of crime isn't worth more than probation.. If anything, it's more a waste of tax payers money to track them down and prosecute..

I'm sure many people with their off the wall views are just as anti social as the people who spam them. In fact I would bet money that when they just check their Inbox, they are *subconsciously hoping* for spam so they have something to get angry about and post here..

Phishing is 100% different and should be considered fraud..
--
Facts are meaningless; you can use facts to prove anything that's even remotely true! Facts, schmacks
sanstrom5

join:2005-01-26
Vancouver, WA

Re: Spam Makes The Internet Go Round....

boohoo.. sypmathy for the devil... I would be so sad if illigitmate companies who churn crap go out of biz... whaaaaa... you are tugging at my heartstrings.. Red vs. Blue? is a crime a color or a political party? You say we are wasting tax payer money by prosecuting those who hurt the citezens the gov. is supposed to protect? hmmm what a curious read... You are basically saying people want spam? I've never seen so much outrage at spam as to lead to congress actually taking it up.. even if it's inept.. Yea everyone is waiting for spam so they can post here. zzzzzzzzzzz I almost can't comment on that for it's so lame.. How's this.. people are hoping to live or see or have hands so they can post here... So what is phishing or spam.. can you have a spammer who is a phisher? Should there be an agency to make sure there is truth in every email? Here's a clue.. If we prosecute people who commit wire fraud it will be a dissincentive to commit wire fraud.. action=consequence..

GilbertMark
Premium
join:2001-05-02
Gilbert, AZ

hmm

He got what he deserved. I would have made his punishment worse. But then, I'm not a bleeding heart liberal. Good thing I'm not a judge. Enjoy living with your new friends.
JPCass

join:2001-01-23
Denver, CO

Who says he gets to keep any ill gotten gains?

I'm really bothered by this presumption that spammers are making, and keeping, lots of money. I think that comes more from the spammers' own self-promotion, than from reality.

First, I doubt there's really that much money - net - in spamming over the long haul, and that any really profitable part would have to come from actually running scams, and not just sending spam for others. The sleazy, unethical to downright criminal types who would resort to spamming, are likely to try to cut one anothers' throats on pricing to advertisers.

Secondly, the presumption that this spammer has $24 million seems to come from extrapolating the maximum amount that he might have grossed in his best month/s - without subtracting any expenses or taxes - and multiplying that out for every single month he was at his scam. His actual net take was probably much smaller, and mostly blown on high living.

My guess is that his net worth, particularly after paying lawyers and fines - and there's no guarantee that this one conviction is even the end of his criminal and civil legal problems - is zero. Does anyone actually have any evidence, or reliable sources to cite, to the contrary?
Forums » 9 Year Spam Sentence Too Harsh?page: 1 · 2


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