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Spam Government The Courts News

High Earning Spammers Face Tougher Sentences 157

netbuzz writes "More big-time spammers may find themselves doing longer stretches behind bars if a federal judge's first-of-its-kind sentencing decision in a Denver case becomes widely applied. In a sense, these spammers would be hoisted on their own profits, as language in CAN-SPAM allows the use of their profits instead of the difficult-to-measure financial damage they cause in establishing a prison sentence. The Denver spammer earned $250,000 — and a 20% longer prison stint — using this approach."
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High Earning Spammers Face Tougher Sentences

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  • by base3 ( 539820 ) on Wednesday December 05, 2007 @11:39PM (#21593281)
    is nice, but until they're hoisted on a gallows (or facing a firing squad, in a pinch), it's not quite good enough, but a step in the right general direction. Hang 'em high--after all, they can then say their penis pills caused them to he hung (yeah, hanged, I know, I know).
    • by alshithead ( 981606 ) on Wednesday December 05, 2007 @11:50PM (#21593359)
      "is nice, but until they're hoisted on a gallows (or facing a firing squad, in a pinch), it's not quite good enough, but a step in the right general direction. Hang 'em high--after all, they can then say their penis pills caused them to he hung (yeah, hanged, I know, I know)."

      Yay! Grammar knowledge goodness.

      But, I can't agree with them being hanged as an appropriate punishment. Let's save life ending punishment for the truly worst criminals. I'm also not really sure that longer sentences will be a deterrent. Let's put them to work deleting spam flagged by the major ISP's for the rest of their lives. Supervise them appropriately while they are serving their sentence and allow them no other computer access. A swift kick to the ass on a daily basis might make some spam recipients feel better too.
      • by erroneus ( 253617 ) on Thursday December 06, 2007 @12:19AM (#21593545) Homepage
        To me there is no greater crime than the one that involves planning and execution, breaking and skirting security measures, taking advantage of and defrauding thousands if not millions of people, and doing so with a sense of entitlement.

        They demonstrate no remorse and no regret. They commit criminal acts on a very wide scale and they somehow think it's business. The crime is executed in a cold, calculating and callous manner against people who often go through great and expensive means to avoid their acts only to have those measures thwarted with ever-increasing intent. INTENT. These guys are intent on doing what they do.

        They demonstrate skill that could just as easily be used in honest ways. They choose not to for varieties of reasons, but they clearly have options and ignore the legal ones in favor of illegal ones. Why? Because they stand to make more money criminally? That's the most likely reason.

        Now let's compare that to, say, armed robbery. Aside from the true professionals, armed robbers are generally pretty desperate people. Very little planning goes into the act. Get get a weapon and engage in violent and brutal behavior to get money... a relatively small amount of money at that when compared the the criminal described above. The victims are limited in number. The victims aren't usually pulled from a list, but rather someone at random... an unfortunate.

        And while an armed robber might present the victim(s) with momentary fright or even injury, it's a much more honest and direct crime. It's also far less planned. The degree is intent is orders of magnitude less than that of the criminal described above. The drive for this crime is generally one of desperation; it's emotional in nature -- passionate. And let's face it. If he had better options, he would be doing that at all.

        So really... which one is actually the worst person? Which is the worst crime? Is armed robbery worse because it involves fear?! Someone ran a red light and scared me half to death the other morning! By that measure, a red-light runner is worse than a spammer... and let's not forget that more people die in those types of accidents than from armed robbery, let alone spamming. So REALLY. What makes other crimes worse?
        • Re: (Score:3, Insightful)

          by Goobermunch ( 771199 )
          Hmmm. What is "the one that poses a substantial and unavoidable chance of someone getting killed when it all goes south," Alex.

          Come on. Wrap your head around this: Armed robberies often involve people getting shot and killed. Spam, to the best of my knowledge never killed anyone.

          And in most (94% or higher) states, the only death qualified felonies (if any) are homicides and rape (especially the rape of children). Spam is simply not in the same ballpark as other crimes.

          Now that's not to say that I don't
          • by SL Baur ( 19540 ) <steve@xemacs.org> on Thursday December 06, 2007 @02:10AM (#21594161) Homepage Journal

            Hmmm. What is "the one that poses a substantial and unavoidable chance of someone getting killed when it all goes south," Alex.
            Now you're getting into thought crime, which sadly is becoming most fashionable. Justice is getting punished for what you've done wrong, not for what you might have done wrong.

            Wrap your head around this: Armed robberies often involve people getting shot and killed.
            Wrap your head around this: until they are shot and killed, it really doesn't matter. When they are shot and killed, it's murder and we have fairly severe penalties for that.

            Armed robbery is taking advantage of the legally disarmed. Put a big sign outside your store (in English and Spanish) - "WARNING: teller is armed" and I'll bet that will be one store that's skipped even by the most desperate wannabe armed robber. Or better still, do like they do in RP and have a uniformed, badged and openly armed security guard at the entrance.

            Spam, to the best of my knowledge never killed anyone.
            I wouldn't be so sure of that. I wouldn't be surprised at all if there were victims of overwork (a fairly common problem in Japan, past PM Obuchi died of it) in Japanese ISPs due to stress and overtime involved with fighting spam. I'd be more surprised though if news of that actually reached a newspaper. And yes, under those circumstances, I would consider it fair to charge spammers with murder.
            • You're entirely overlooking the deterrent purposes of penal punishment. The punishments for armed robbery are higher because armed robberies are more likely to turn into murders than spamming. By punishing armed robberies more severely than, say unarmed robberies, the state is saying "this is bad behavior. Don't do it!"

              While we can argue about whether deterrence actually works, that's the purpose. It has nothing to do with thought crimes. It has to do with serving the purpose of criminal punishment--pr
              • by SL Baur ( 19540 )

                Finally, punishing criminals for what they're thinking when they commit a crime is nothing new. ... A murder is a homicide committed with "malice aforethought." It's punished more harshly solely based on what the murderer was thinking when he committed the crime. That's not a thought crime.

                Eh? How do you define "thought crime" then?

                I wrote:

                Justice is getting punished for what you've done wrong, not for what you might have done wrong.

                If it were up to me, I'd eliminate the thought crime variants of murder that you outlined. I have pages and pages of notes on this when I was trying to draw up a basic penal code for the fictional nation I created on NationStates, I'll have to dig those up sometime. So basically you are dead wrong here:

                You're entirely overlooking the deterrent purposes of penal punishment.

                Nope, sorry. You get behind the steering wheel of a car[1] and kill someone? That's murder and it should be punished as such and that's how I define

                • Re: (Score:3, Insightful)

                  by TheRaven64 ( 641858 )

                  Eh? How do you define "thought crime" then?

                  Thoughtcrime, from the Orwellian definition, is the crime of thinking something inappropriate. A thoughtcrime is one in which no physical crime is committed, but the perpetrator is guilty of inappropriate thought. A modern example of thoughtcrime is the apostasy statue in Saudi Arabia where changing your religion away from Islam is punishable by death.

                  There is a world of difference between this and altering the punishments based on intent. Do you think that someone who buys a gun for the express purp

            • by jcnnghm ( 538570 )

              Put a big sign outside your store (in English and Spanish) - "WARNING: teller is armed" and I'll bet that will be one store that's skipped even by the most desperate wannabe armed robber.

              A liquor store that I go to occasionally recently switched ownership to a retired marine and his son, whom both open carry handguns on their waists while they are working. From the looks of them, you'd be a fool to even consider robbing that place. I also understand that a bunch of the issues that store used to have disappeared almost overnight.

            • You have got to be kidding me. Company X sells product Y. But to sell it Mr Z has to wash it first. Some A' keeps getting Y dirty. So Mr Z keeps washing, and washing and washing till he dies. So in your opinion A' is guilty of murder, but Company X, who let Mr Z work himself to death, never getting him an assistant or figuring out a better way to produce product Y goes scott free. Sounds to me the ones guilty of murder are the Bosses of Mr Z and Mr Z himself for being so dumb as to work himself to death.

              As
            • Re: (Score:2, Insightful)

              There's no aspect of "thought crime" whatsoever involved. Putting people at risk is doing something wrong. That's one of the reasons there's a difference between robbery and armed robbery, or why you can be arrested for DUI even though you haven't crashed into anything or anyone.
              • by SL Baur ( 19540 )

                There's no aspect of "thought crime" whatsoever involved. Putting people at risk is doing something wrong. That's one of the reasons there's a difference between robbery and armed robbery, or why you can be arrested for DUI even though you haven't crashed into anything or anyone.

                And this is where you have been brainwashed. To use an extreme example, if someone drinks until they are falling-down drunk, drives to the nearest liquor store and buys more booze and drives back home without hurting anyone, what crime has been committed?

                It is thought crime.

                "Endangering other people" is such a nebulous concept that it can be applied to anything and that makes it worthless as a criteria for determining criminal intent.

                • Re: (Score:2, Insightful)

                  The crime is putting people at unacceptable risk. By your argument, it should be perfectly legal to run around firing a gun in random directions until you happen to hit someone. Yes, "endangering other people" is a subjective term--that's why we have lawmakers who (in theory) create rules that exlpicitly state what the community considers acceptable.
                  • by SL Baur ( 19540 )

                    The crime is putting people at unacceptable risk.

                    "Unacceptable risk" is just too nebulous to define reasonably. You have either committed a crime or you haven't.

                    The United States is supposed to be a nation of laws not men, and interpretations just invite misunderstanding (or misunderestimating as the case may be).

                    By your argument, it should be perfectly legal to run around firing a gun in random directions until you happen to hit someone. Yes, "endangering other people" is a subjective term--that's why we have lawmakers who (in theory) create rules that exlpicitly state what the community considers acceptable.

                    True and I also would consider someone running around firing a gun randomly to be impolite at best and a public nuisance. But unless she kills someone, she's not guilty of murder.

                    I compare this case directly with President Ahmadinejad, who ha

                • "And this is where you have been brainwashed. To use an extreme example, if someone drinks until they are falling-down drunk, drives to the nearest liquor store and buys more booze and drives back home without hurting anyone, what crime has been committed?

                  It is thought crime."

                  Whoa! The crime committed is drinking and driving. Just because you aren't caught doesn't mean a crime hasn't been committed. The law says if you drive at .08 or higher you are driving drunk. You committed the crime, you just didn'
                  • by SL Baur ( 19540 )

                    Whoa! The crime committed is drinking and driving. Just because you aren't caught doesn't mean a crime hasn't been committed. The law says if you drive at .08 or higher you are driving drunk. You committed the crime, you just didn't get caught. The law was still broken.

                    I meant committing a crime in the more abstract sense of what harm has been done? I don't really want to get in a discussion pro or con of the nuances of US laws as they are only getting more broken as time passes, but ...

                    What difference does it make that a crime has been committed that cannot be prosecuted? Let's take a different and less extreme example. Traffic violations are something that everyone does, whether it's going a mile or two above the posted speed limit, not coming to complete stop at a

                    • Thank you very much for a well stated response. I should have put as much thought into mine and I probably flew off the handle a little...a couple beers under my belt and I certainly saw your post as stating that no crime has been committed if no one gets hurt.

                      Your drunk driving analogy is, with all due respect, a bit off. In reference to your Tokyo experience, that's a good cop versus the some fraction of bad cops out there...especially here in the US. If you had been driving I think his response would
                    • by SL Baur ( 19540 )

                      Your drunk driving analogy is, with all due respect, a bit off. In reference to your Tokyo experience, that's a good cop versus the some fraction of bad cops out there...especially here in the US. If you had been driving I think his response would have been different.

                      Sadly, I also have direct experience with that. They advertise a zero tolerance approach to drinking and driving (any amount of alcohol is forbidden). We hit a random road block on the way back from a karaoke bar and the test used was to have the driver blow onto the officer's hand, which he sniffed. The penalty for a first time offense for a Japanese in Tsukuba-shi, Ibaraki-ken in winter 1999/2000 was a 40,000 yen fine, two month license suspension and mandatory driving school in Mito (including some p

          • Re: (Score:3, Interesting)

            by KDR_11k ( 778916 )
            You can call spam many things but victimless is probably the least applicable. How is it victimless to DDoS mailservers and inboxes while attempting to get data for identity theft? If that was done by a govt it would be considered an act of war.
        • How about comparing it to murder instead of armed robbery, and wondering why you advocate the same punishment for murder and spamming? Do you honestly think spamming and murder are morally equal?
          • by erroneus ( 253617 ) on Thursday December 06, 2007 @01:40AM (#21593979) Homepage
            No. Murder is not morally equal. But people are more likely to be murderers than spammers because murder most often involves a momentary lapse of reason or good sense. Spammers are professionally out to get whatever they can, as often as they can at anyone's expense using lies, deceit and misdirection. I find murder to be a lot easier to forgive. Murderers are less likely to have character flaws. Murderers are people like you or your neighbor. They are your boyfriends and girlfriends... husbands and wives... most of the time someone they know is the victim... and often times, there is something resembling deserving or cause!

            But the users of the net? The millions if not billions of dollars being spent and/or lost due to spams and scams, security compromises and all the problems caused by spammers. You may idealistically claim to think that no amount of money is worth a single human life, but the facts are not in your favor. If the lives of strangers are so important to you, what are you doing to stop their tragic ends? Trying to stop the war "on terror" are you? I kinda doubt it.

            Life and death happens for a variety of reasons and a variety of causes in a variety of ways. Generally speaking, the most pleasant ways to die are those that involve lethal injections or sleeping. Beyond that, the tragedy of death will happen to everyone. It's what's between birth and death that needs to be cared for the most and when a single individual can be responsible for so much expense, trouble and misery spread out evenly across the world. Death is unavoidable. Spam is completely needless.

            • "But people are more likely to be murderers than spammers because murder most often involves a momentary lapse of reason or good sense. Spammers are professionally out to get whatever they can, as often as they can at anyone's expense using lies, deceit and misdirection. I find murder to be a lot easier to forgive. Murderers are less likely to have character flaws. Murderers are people like you or your neighbor. They are your boyfriends and girlfriends... husbands and wives... most of the time someone they
          • Re: (Score:3, Insightful)

            by SL Baur ( 19540 )
            Erroneus' original question was (which I think is a thought-provoking question):

            So REALLY. What makes other crimes worse?

            and neither did he write anything about punishment nor did you answer his question.

            See my earlier post in this thread for my thoughts on a comparison between armed robbery and spamming.

            Your question is:

            Do you honestly think spamming and murder are morally equal?

            I wouldn't, unless as a result of the consequences of the spam, someone died. I think with high probability unfortunate engineers in Japanese ISPs (and elsewhere) have died from overwork combatting spam. They call it Karoshi i

          • Do you honestly think spamming and murder are morally equal?
            well ok, people only live for a finite period of time and any time spent dealing with spam is time you'll never get back. The chance of any given person being murdered is relatively small, but everyone has received a spam; assuming a spam consumes 5 seconds, 250,000 spams is likely killing a person 57 days early. So really the question is how long did Kervorkian go to prison for?
        • By that measure, a red-light runner is worse than a spammer...

          He is. He is deliberately endangering other people's lives to save a few seconds of his time. Children are especially likely to simply cross on green, making them especially vulnerable for these kinds of assholes.

          A red light runner should lose his driving license for good. If he can't be trusted to obey such a simple rule with such a high chance of someone getting hurt as a result, he can't be trusted with a car, period.

          and let's not forg

        • by Z00L00K ( 682162 )
          There are several different options left as a punishment, even if you can't prove every detail you can set them free - in northern Alaska (time of year at leisure). If they survive nature they have shown that they may actually have skills enough to get by but if not - well it's their problem.

          What makes crime worse - it may depend on the circumstances. The drop of water that hollows the stone may be as mean as the shotgun that blows it apart. If they make money from the spam (the usually do) there has to b

      • by SL Baur ( 19540 )

        Let's put them to work deleting spam flagged by the major ISP's for the rest of their lives.

        Yeah, that sounds about right, but I'd add they should insert one message every so often that has to be printed out and presented to the parole officer. Make the punishment fit the crime.

        TFA said he had made an estimated $250k in profit. On the one hand, dang, that's a lot of v1agra, on the other hand, it said he bought 200M email addresses a few years ago and had been arrested with 7.5M addresses on his computer, i.e. even with a horrible response rate and a >95% garbage mailing list it can still add

    • Re: (Score:3, Funny)

      Rather than hanging, I'd say put the guilty in a room for fifteen minutes with a group of e-mail administrators, network managers, IT security pukes, and assorted other sufferers. These folks would be drawn from a pool of all available qualified persons. (We'd have to work out the details of the selection process, but that shouldn't be too hard.) The only rule would be that the spammer couldn't be killed. I have occasionally wondered what I would do if introduced to a notorious spammer. Leap out of my chair
    • by Xtravar ( 725372 ) on Thursday December 06, 2007 @01:13AM (#21593857) Homepage Journal
      Everyone complains about spammers, but for fuck sake, I get at least two credit card offers a week which I *have* to shred otherwise someone may end up rummaging through my garbage and taking out a credit card in my name. I get shit in my real mailbox that could easily make me miss a bill payment with all the clutter.

      Why the fuck does everyone hate on email spammers when they're easily filtered out (for the most part), but they're okay allowing credit card companies and other companies to spam our mailboxes? I hit delete when I see a stock scam, whoop-de-fuckin'-do! But when I get credit card offers and magazines and shit I never asked for in my physical mailbox, I not only have to throw it away, but I have to make sure that no sensitive information is thrown away with it, AND I have to sort out what can be recycled and what can't be (if I feel environmentally conscious).

      Beating up on e-spammers is in vogue, and nerds just eat it up and love it. However, physical spam is legal and done continuously with much greater consequences.
      • Re: (Score:3, Interesting)

        by SL Baur ( 19540 )

        Why the fuck does everyone hate on email spammers when they're easily filtered out (for the most part),

        Ay, there's the rub. You still have to do a quick scan to make sure your filter didn't misroute a message.

        but they're okay allowing credit card companies and other companies to spam our mailboxes? I hit delete when I see a stock scam, whoop-de-fuckin'-do! But when I get credit card offers and magazines and shit I never asked for in my physical mailbox, I not only have to throw it away,

        I'm not. However, for me, email addresses are far more permanent than meat space addresses. Since I've had my @xemacs.org mailing address (1995), I've had 12 meat space addresses (hey, I'm a contractor and I move around a lot).

        My first piece of mail in Japan, once I got a visa and permanent address, was a flyer from an English Conversation school with Celine Dion's picture on it. The horror, the h

        • There are steps you can take to reduce junk snailmail.
          You can contact the direct mail association and get on their opt-out list.
          You can tell the three credit card bureaus you don't want credit card solicitations.
          The post office has a form you can fill out to stop getting obscene mail from a particular sender. What you consider obscene is up to you.
          If they enclose a self-addressed stamped envelope, you can (after removing your contact info) attach it to a brick or a refrigerator and mail it to them.
          You can w
          • by Rakarra ( 112805 )
            You can contact the direct mail association and get on their opt-out list.

            Unless they decide to ignore you and continue sending mail (which they generally do). I tried getting on their opt-out list. They even required me to pay a fee to do so. Did the volume of mail I receive go down at all? Not one bit.

            Do I do this? No. I have a compost heap in the flowerbed under my mailbox, with crap from the indianapolis star and advco. My real mail goes to my post office box.

            Oh, if only it was so easy for me! But

        • Hm, you're intelligent and articulate, you largely agree with me ... why did you foe me? It's about Ubuntu, isn't it?
      • I understand the hatred for junk mail, but there is one significant difference. Spam is sent out by thousands of zombie computers, using the resources of the owners of the computers and the ISP's. The head of the spamming operation makes all the money while using little to none of his own time, effort, or money. Bulk mail like credit card offers, however, are paid for by the company sending them out. With physical mail, a large amount of the operating costs are in going from one place to another (city to ci
      • It might be helpful to you to know that there's an opt-out list for physical junk mail. Do a hunt for the Direct Mail Marketing Association. Their mechanism has been in place for years, and I have read that it actually does work, though it takes a while. If you're longing for more dead-tree stuff, you can also opt in. As for the credit card offers, begin reading the tiny print before you shred. Somewhere on there is a phone number. You can call it and demand that they quit sending you the offers. If it's no
  • by kclittle ( 625128 ) on Wednesday December 05, 2007 @11:40PM (#21593289)
    Steal $15,000, and you get 15 years. Steal $15,000,000,000 (can you say "Enron"?), and you get 2 years plus time spent.
    Oh, well, American jurisprudence overcomes all obstacles, I guess.
    • by deniable ( 76198 ) on Wednesday December 05, 2007 @11:55PM (#21593383)
      I keep wondering, why do we need to charge the spammers with anti-spam laws. I haven't seen any that aren't drug dealers, stock scams, or outright fraud. Nail the bastards for those with all of the current laws. Funny, the more they made from these, the more counts that can hang them.

      If Bob, the neighborhood dealer, was offering as much product as these scumbags, he'd be in jail for life.

      Oh well, we have the anti-spam laws now, so we might as well hit them for both.
      • There are some that advertise legitimate products, herbal supplements,vitamins, mortgage refis, things of that nature, even most pr0n isn't strictly illegal. Plus most of the time the Spammers aren't the merchants selling the goods. Even the merchants are really just resellers, that never actually physically possess the products. So yeah, I'd say there is the need for additional laws that punish them for the method of advertising that causes problems people. But yeah, if they violate existing laws as well
        • by deniable ( 76198 )
          In other words, they should be regulated just like any other business. So should their 'ad agencies.'
      • Or how about the numerous crimes involving using botnets etc.

        Spam laws are a waste, nail them for the real felonies they are committing to send their crap.
      • Re: (Score:2, Interesting)

        by Anonymous Coward
        Why charge people for real crimes when we can charge them for exercising free speech in an unpopular way?
        • Re: (Score:2, Informative)

          by KDR_11k ( 778916 )
          Because freedom of speech is not the freedom to force others to listen.
        • Why charge people for real crimes when we can charge them for exercising free speech in an unpopular way?
          Not only does freedom of speech not include freedom to make others listen, it doesn't include freedom to use someone else's resources to make your speech.
      • I keep wondering, why do we need to charge the spammers with anti-spam laws.

        Because otherwise, you couldn't get slashbots to support the destruction of the first amendment. It sounds a little like, "Won't someone please think of the children^W spam!!!" Yes, we need to stop the email scammers/phishers/trojans, we need to stop people peddling deadly/addictive drugs via email, we need to stop the email pump and dump scam artists.... We don't need to make it illegal to send an email message to 20 million

  • by Scareduck ( 177470 ) on Wednesday December 05, 2007 @11:48PM (#21593335) Homepage Journal
    Penis enlargement, the hard way, i.e., using a come-along [cvfsupplycompany.com].
  • Understating your SPAM income has just been encouraged.

    Of course you have to risk the rath of your taxing authority... but still.

    • Re: (Score:2, Insightful)

      by Veinor ( 871770 )
      Al Capone, the notorious Chicago gangster, was brought down this way. Not through being a member of the Chicago mafia... but through failing to declare his illegal income.
    • Have you ever dealt with the IRS? You're more likely to get away with murder than with tax evasion.

      What that says about our country, I'd rather not contemplate.
  • by Anonymous Coward on Thursday December 06, 2007 @12:02AM (#21593427)
    In a perfect world spammers would get caught, go to jail, and share a cell with too many men who have enlarged their penises, taken Viagra and are looking for a new relationship.
    • People would show off their new fake rolex and stock portfolio that they put all of their Nigeria money into. They would have ever-erect penises, larger busts and low rate home mortgages. Unfortunately, all their bank accounts had suspicious activity and their unexpected ebay and amazon deliveries hit snags. They could get all the women, men and shemales they wanted, and give them inexpensive holiday gifts. Their computers would all run pirated software are low down prices.

      Am I missing anything?
    • by Shohat ( 959481 )
      * In a perfect world spammers would get caught, go to jail, and share a cell with many Ningerian men who have enlarged their penises, taken Viagra and are looking for a new relationship. Fixed =)
  • One Solution (Score:5, Interesting)

    by DynaSoar ( 714234 ) on Thursday December 06, 2007 @12:12AM (#21593495) Journal
    "What we need are a few good old-fashioned hangings." -- FTC Commissioner Orson Swindle, at the 2003 FTC Spam Conference.
    • by Rod Beauvex ( 832040 ) on Thursday December 06, 2007 @01:10AM (#21593839)
      Only in America can someone with the last name 'SWINDLE' get appointed to something called the Federal TRADE Commission.
      • > Only in America can someone with the last name 'SWINDLE' get appointed to something called the Federal TRADE Commission.

        Funny, but not so. The same happens all over the world. The humor columnist L.M. Boyd used to have several such funny name/job listings every week, and the Annals of Improbable Research carries some still.

        But I wouldn't say that to his face. He's a 6 foot something, 200 pound retired Marine who, despite being in his sixties, inserted himself bodily between a spammer and an anti-spamme
  • Well it does seem logical that those who earn more from spam would do longer times, but I'd rather have it based on the volume of spam, than the earnings.
    • by techno-vampire ( 666512 ) on Thursday December 06, 2007 @01:40AM (#21593973) Homepage
      Earnings in any mass-mailing campaign (and that's basically what spam is, of course) are provided by the small percentage of people who respond. The more you send out, the more people (assuming a fixed percentage, of course) respond. Therefore, earnings are proportional to the number of messages sent out. In general, it's easier to find out how much a spammer earned than how many spam were sent, so using earnings as a yardstick is quite reasonable.
  • by king-manic ( 409855 ) on Thursday December 06, 2007 @12:41AM (#21593683)
    Spammers represent a large illicit underground economy, I somehow doubt most spammers are on the up and up with their taxes. Thus many of these laws are just the revenue service finding extra things to press this group. There are several groups you ought never fuck with. The Taxman, The mailman, and The FDA.
  • Income calculation? (Score:2, Interesting)

    by esocid ( 946821 )
    I'm curious as to how they got that "reported $250,000" figure. I read the part about his spamming activities were meticulously documented, but I'm still not sure where the money came from. Do companies actually pay per referral or per email or what? Who is paying this guy? And shouldn't his backers be getting fined or dragged into this at all?
    • by penix1 ( 722987 )
      From what I read, IANAL and all, the defendant stipulated it. He kept meticulous records indicating such as well. Note to spammers, don't keep the logs!
  • Even with the antispam laws, I get more spam than before... So the laws are useless. My antispam filters and smart tricks like fake mx do more than lawmakers putting some ink on dead tree papers.
  • Citing Kim's first-time offender status, Babcock sentenced him to the minimum 30 months called for in the more punitive range.

    I hate spam, I HATE spam. But, 2.5 years in jail? Seems silly. Here's a guy that could obviously be productive in society if he pursued something worthwhile. So why not levee a large fine, give him some supervision and help him contribute positively. Seems way better than paying $45k a year to keep him.

    • Re:Prison, really? (Score:4, Interesting)

      by jfengel ( 409917 ) on Thursday December 06, 2007 @02:36AM (#21594295) Homepage Journal
      That's the ironic thing about punishment. It doesn't do you any good to punish somebody. It's supposed to be a deterrent, but if the person hasn't been deterred, it costs you more to punish him than to let him go.

      But you have to do it anyway, as a message to the next guy that you're serious. The severity of the punishment has zero to do with what this guy did, and everything to do with how strong a message you want to send to the next guy.

      In the case of spam, though, deterrence is fruitless. There will always be somebody undeterred, and the economics of spam make that one guy aggravating all out of proportion.

      It's why Slashdotters semi-seriously call for much, much harsher punishments. They feel very, very strongly about the message, precisely because they know that it's unlikely to be heard.
      • Re:Prison, really? (Score:4, Interesting)

        by sqrt(2) ( 786011 ) on Thursday December 06, 2007 @03:13AM (#21594459) Journal
        Punishment does not deter crime. Extreme punishment does not deter extreme crimes. This is one of the most common fallacies I routinely see dragged out when people try and defend the death penalty. The idea that we can somehow make people think twice about the worst crimes, rape and murder, by killing those that we find guilty has been around nearly since the idea of law. It's just as false now as it always has been. We still have crime, we still have the worst crimes. We have more of the worst crimes than countries that do not have the death penalty and have much lighter sentences by comparison. Even our none-death penalty sentences are over the top. Much of the world would consider 25 year and life sentences to be incredibly excessive for the crimes they're applied to here.

        When someone is a danger to society, locking them up protects society. Spammers, no matter how annoying are not dangerous to society. Meanwhile, locking them up costs society money. So the best and most effective action that society can take is to fine them. This works especially well for these types of crimes when people are fraudulently making money. Take away all that illegally made money and then some more for our troubles.
        • >"So the best and most effective action that society can take is to fine them."

          They'll simply ignore fines and say they haven't got any money to pay them.

          Nope. What you need to do is take away their chosen lifestyle. No more late night parties, no fancy cars or big TV sets for them, just getting up early in the morning and doing a decent day's work in the community. Every single day. There's a million things out there which need fixing/cleaning up.

        • by olman ( 127310 )
          Punishment does not deter crime.

          O RLY?

          I guess I'll just go out an light a joint then to make this dreadful morning a bit more toleratable. ..Or not, as it would mean probably losing my job and maybe even getting fined. But that's not having anything to do with the choices I make. It's just some free-floating independent moral compass, yes sir!
          • by sqrt(2) ( 786011 )
            Maybe a golden one, even?

            I wish I could get away with sniping at people after quoting four or five words, completely ignoring the qualifications around said words. Unfortunately that wouldn't be very entertaining to read by anyone except people who already agree with me so I'd have to find a way to pad it out with some sort of filler...maybe I should join a political campaign. Any of them.

            Anyway, clearly there are people who get drunk/high at work, you may even have seen them before. People break laws all t
            • by olman ( 127310 )

              Would you start murdering people tomorrow if congress said it was no longer a crime? I really hope I don't live in a country where people would answer yes to that. If that is the case then I have GROSSLY overestimated the compassion and general decency of my countrymen. I just don't believe I'm working, living, talking and laughing with people every single day who would slit my throat at their first possible chance were it not for the fact there's a law against it!


              Some people would. You can find them in mos
    • Spammers cause problems. Spammers seem to suffer no remorse over causing people annoyance, over costing people money for spam protection, bigger pipes, general hassle etc. Not to mention the stock scams, illegal pharmacies and everything else they're into.

      Locking them up will stop them doing it and allow them time to think about what they've done. Remove spammers and you remove a big burden on society, how much do you think companies spend on anti-spam compared to how much it costs to put a spammer away?
  • This mentality is the problem with the justice system in general - jail should not be about retribution. How is an incompetent spammer who spams people about something no one buys (e.g. pogs) any less guilty than a successful one (a viagra spammer)?

    And after a spammer stole so much from society, why is even more being stolen from the taxpayer to give him an admittedly longer sentence in jail?

  • by CCFreak2K ( 930973 ) on Thursday December 06, 2007 @03:50AM (#21594615) Homepage Journal
    but is putting them behind bars really a fitting punishment? Yes, they're highly annoying and may even have done some damage depending on their use of botnets and the like, but isn't the whole reason to have a prison to keep DANGEROUS people away from society? I'd sure as hell want a serial killer in there rather than just a spammer. And then there's the argument that prison isn't an effective punishment, but that's beside the point...
    • by vinn01 ( 178295 )

      Introduce yourself to the concept of "crime and punishment". They exist in harmony and balance.

      To suggest that spamming (crime) should not result in jail (punishment), is out of balance thinking.
  • by miffo.swe ( 547642 ) <daniel@hedblom.gmail@com> on Thursday December 06, 2007 @04:07AM (#21594685) Homepage Journal
    I really wished the ones using spammers for marketing would be hunted down instead. The spammers are only bricks in the game. If it became a real felony for a company to employ spammers they would find it hard to make any money. Take one spammer away in the US and up pops 10 more in some other country.

    That said i really dont think spamming is a felony just as i dont think any other form of marketing should be illegal. Its annoying for sure but the fault lies in our broken emailsystem and with Microsofts crappy security (spammers favourite mailservers are windows boxes). Spam is just symptoms for a bigger issue. Take away the spam and the problem is still there for more nefarious schemes.
    • by Nursie ( 632944 )
      There is a difference between putting up a billboard with the permission of the property owner and what spammers do. They deliberately abuse other people's systems in order to force their message on people who are making it very clear (through countermeasures) that they don't want to hear it.

      Oh, and your point on Squashing them in the US and them popping up elsewhere is disingenuous - Most spam is sent by and aimed at americans. Squashing them in the US would do a great deal of good.
  • by SamP2 ( 1097897 ) on Thursday December 06, 2007 @04:28AM (#21594771)
    And then buy a lottery ticket with it, and win a million, I'd get a much longer sentence than someone else who stole a quarter and didn't make anything out of it?

    Sorry, I'm all for canning spammers, but punishing people based on profit they make from ill-gotten gains, rather than the damage they actually caused, seems to be as violating fundemantal principles of justice.
    • by Nursie ( 632944 )
      False analogy.

      Spammers profit in proportion to how much they spam, as a rule. Therefore one that makes millions most likely has spammed a lot more than one that's only made a few bucks.
    • It's a very Democratic mentality. Consider the progressive tax - if you earn more, you're capable of paying more, so therefore you have a higher tax bracket. Folks who have less, pay less on a percentage basis. Same basic idea here.

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