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The Courts Government Spam News

Defending Harsh Sentences for Spammers 633

BMcWilliams writes "Russell McGuire, one of the government lawyers who prosecuted spammer Jeremy Jaynes, has published an article justifying the tough sentence recommended by a Virginia jury. He writes, 'the defense attorney argued that greed cuts both ways and the victims got what they deserved because they were trying to get rich quick. Needless to say, this did not go over well with the jury.' Still, the eye-popping 9-year sentence has even some ardent anti-spammers wondering whether 'proportionality is becoming a completely forgotten concept.'"
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Defending Harsh Sentences for Spammers

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  • by Shnizzzle ( 652228 ) on Wednesday November 10, 2004 @09:59AM (#10775861)
    and go to jail for nine years. Drive a car drunk, sell crack, or commit rape and serve far less (or even any) time. I love this country.
  • by Anonymous Coward on Wednesday November 10, 2004 @10:01AM (#10775879)
    Yes, spamming is not comparable to rape. It is white collar crime. However, the solution is not to go all powder puff on these people. If a rapist convicted at the same time as a spammer will get out of prison earlier than the spammer, guess what. The spammer is not in for too long, the rapist is not in for long enough.
  • 1. Is this nine years in Supermax/leavenworth breaking rocks, or is it nine years in white-collar minimum security for dysfunctional mob accountants?

    2. Certainly the criminals can get out earlier with good behaviour.

    3. Porportionality, and the excess thereof, is the entire basis behind "prison" as a concept: we try to make that destination deplorable enough to try and discourage certain behaviours that society deems as "crimes".

    4. These bozos made the mistake of committing a crime where the jurors themselves were also victims (indirectly). Stupid. Very, very stupid.
  • Poor defence (Score:3, Interesting)

    by wiggys ( 621350 ) on Wednesday November 10, 2004 @10:07AM (#10775938)
    I'm sorry but I don't hate spammers because they want to get rich quick. The desire to get rich quick is a natural, healthy and legal one!

    I hate spammers because they are lying, thieving scamming criminal bastards.

    They hijack computers to send out millions of junk messages to millions of people. They do this to be anonymous and therefore unaccountable, and they use other people's bandwidth to send out their junk.

    Some spammers send out pornographic email knowing damn well thousands of kids will end up with it in their inboxes, and they include spurious text in the messages to try to evade spam filters.

    I would wager than 99% of all products they advertise via spam are fake or illegal. Anyone stupid or ignorant enough to buy anything from one of these criminals is simply encouraging them to annoy more and more people.

    It's not about getting-rich-quick that I have the problem with, it's the way they go about it.
  • by bmcmurphy ( 771356 ) <bmcmurphy@massdor.com> on Wednesday November 10, 2004 @10:15AM (#10776017)
    a significant reduction in the SPAM they're receiving? At our organization (2500+ employees) the number of SPAMS went down by about 1/3 the day after this sentencing, and has stayed down ever since. Coincidence?
  • by Alwin Henseler ( 640539 ) on Wednesday November 10, 2004 @10:17AM (#10776043)
    Spammers deserve a solid punishment, IMHO. They waste people's time, one of the most precious things people have. Maybe just a few seconds per mail, but multiplied by millions (at least, maybe hundreds of millions).

    They waste network bandwidth, most of which is paid by others. Server capacity is wasted with spam-filtering. Admins, developers & home users have to waste time on writing/deploying anti-spam software.

    They make e-mail, a very useful internet resource, a lot less useful, and I view that as a form of vandalism.

    Much of their work is done by breaking into other people's computers (zombie networks), which in itself is illegal in many places. Not to speak of other uses (DDoS attacks etc.) spammers may have for zombie networks they control.

    Users don't want spam, there are laws against this, and even in the face of all this, spammers continue with their business on a massive scale. So sorry, but they deserve every punishment they get.

  • by Grax ( 529699 ) on Wednesday November 10, 2004 @10:21AM (#10776086) Homepage
    I just question that jail/prison is an appropriate punishment. It isn't that I feel prison is too harsh. It is just that it is very expensive (to the taxpayer) and it keeps criminals in the company of other criminals, which I feel is not an environment conducive to learning to act in a non-criminal manner.

    Of course I haven't come up with a fitting alternative. Fines can not be administered fairly to criminals in different financial tiers and public flogging is generally not approved of.

    Side note: after thinking about it, I don't like the idea of taking away a felon's voting rights. Suppose that eating were made a felony. The fix for something that stupid would be to vote the jokers that passed it out of office. But no one could vote them out of office since they would all be felons.
  • by erroneus ( 253617 ) on Wednesday November 10, 2004 @10:22AM (#10776103) Homepage
    People keep running the comparison to violent crimes. So let's keep doing that and show what I think about it and how they compare.

    Murder and rape are rarely, if ever, premeditated. When they are, the sentence is WAY beyond 9 years. Crimes of passion are handled in a much lighter way in most cases... as they should be.

    Spamming and fraud are not crimes of passion -- they are more than simply premediated, they are planned to very small details. While committing the offense, they continue to show contempt by attempting to evade the people trying to stop them. This is a HUGE lack of respect for other people and for their property. A hefty fine and/or a short time in jail isn't going to teach the man some respect... but someone named Bubba that he might share his cell with might be able to do that over time.

    Will he be in for 9? I doubt it... it's a state conviction... he'll be out in 3 or less. But he'll also belong to the state on parole for the remaining time... waiting, watching for him to do it again... and if he does, *SLAM!* -- deep shit.
  • by Alien54 ( 180860 ) on Wednesday November 10, 2004 @10:24AM (#10776130) Journal
    It appears that asking nicely and saying 'pretty please' does not get their attention enough to make them stop. Nor do 100Kbuck fines.

    Added extra brownie points: Those nine years in prison are without a computer.

    I can imagine the finger spasms now.

  • by Theovon ( 109752 ) on Wednesday November 10, 2004 @10:24AM (#10776132)
    I realize our justice system all about law and completely devoid of ethics, but sometimes the jurys are allowed to inject some sanity. Spammers are FULLY AWARE that they're intruding on millions of people who won't want to be intruded upon. They shouldn't be doing it in the first place.

    But then the legal system responds to citizen unrest and develops laws which try to restrict what spammers can do.

    NOW, the spammer is flagrantly violating both ethics and the law. They're filling your inbox with thousands of unwanted emails, stealing half the available handwidth in the fastest networks, and costing people inordinate amounts of money, just so the spammer can scam 0.01% of his email recipients. AND THEY KNOW IT.

    I think people should be hanged for such flagrant disregard for everyone else on the planet. 9 years in prison? He got off light.
  • by Knunov ( 158076 ) <eat@my.ass> on Wednesday November 10, 2004 @10:25AM (#10776154) Homepage
    "Wouldn't a large fine be in order and serve the same purpose?"

    The problem with large fines is that people have a habit of simply not paying them. Declare bankruptcy, start working under the table, go on with life.

    I think jail time is key, though 9 years is excessive. Fines would be good, but make them not so stiff to the point that a person can't pay them, but stiff enough to make it hurt.

    10 years of mandatory audits by the IRS would be cool, too.
  • Re:Zoo mentality (Score:3, Interesting)

    by CosmeticLobotamy ( 155360 ) on Wednesday November 10, 2004 @10:27AM (#10776180)
    Why not have them give back to the community or something constructive?

    That's a great idea. He can spend his prison time (the portion not reserved for butt-rape) being a manual spam filter for someone. 12 hours a day forced to read through spam after spam and sort them into categories. The data can then be sent to spam filtering companies for... I don't know, fun, I guess. The helping-society part of this is a little flimsy. But the fun part is random ones are picked and checked for accuracy by a guard, and if he miscategorized it, he gets punched in the face. And I'm okay with it if that happens when he did it right, too.
  • Re:first post? (Score:1, Interesting)

    by Anonymous Coward on Wednesday November 10, 2004 @10:30AM (#10776206)
    And what is the defense attorney e-mail address?

    I suspect the coward will not give it.

    Lets say the sentence is 1 minute time for each person he pissed off. Say time just 100 million messages. And this rate is conservative. Most people offended would have lasted a minute.

    So the sentance should be about 190 years.

    So if we are extremely nice say 19 years is about right.
  • by JollyFinn ( 267972 ) on Wednesday November 10, 2004 @10:37AM (#10776278)
    Thats correct, he made millions with it so probably send billions of spams.
    Now other reason is that he will probably sit in a prison HALF the sentence,
    and non violent can get out with good behavior at that time.
  • by StressGuy ( 472374 ) on Wednesday November 10, 2004 @10:46AM (#10776392)
    I've often thought that the basic concept of a time based prison sentance was flawed. Other than opportunity for parole, there's really no incentive for rehabilitation with this system. I just breaks down to managing the prison population until it's time to release them back into society.

    What if, instead of a time based prison system, we could incorporate a level based system? The further within the system you go, the less priveledges you would have. Instead of years within the system, it would be levels within the system that you must earn your way out of in order to be released. This would also have the effect of causing similar types of criminals to be populated together. The very top level could be something like a "half way house" that would replace the concept of parole. To ultimately earn your freedom, you'd have to have demonstrated your ability to function as a law abiding citizen.

    White collar criminals, like our spammer, could also have thier assets taken while they are in prison to make restitution for monetary damages.

    The idea needs development I realize, but I think it would emphasize rehabilitation more than a time based system would.

  • Re:Proprotionality (Score:3, Interesting)

    by Zocalo ( 252965 ) on Wednesday November 10, 2004 @10:48AM (#10776419) Homepage
    Exactly my view! I'm a big fan of punishments for a crime being proportional to ammount the damage inflicted; let the punishment fit the crime, but not in a strict interpretation of an "eye for an eye". No one would bat an eye if someone got ten years for stealing a painting valued at $10m, so why should there be such a fuss when a spammer gets the same kind of sentence? If we assume the spammer sent a billion spams (a conservative estimate), that's a total cost of just $0.01 per spam. That's $0.01 to cover CPU time, network bandwith costs, the loss of time taken to hit delete, plus a fraction of any one-off costs for anti-spam solutions, cleaning up any after any exploits that might be hitching a ride in those nice clickable URLs etc.

    And let's not forget that there is a pretty fair chance that the owner of the painting (or whatever) stands a reasonable chance of recovering their property. With spam, any costs incurred are pretty much a write off, so it's not so much "theft of assets" as "destruction of assets", which is an entirely different, and more serious, class of crime.

  • by mykepredko ( 40154 ) on Wednesday November 10, 2004 @10:51AM (#10776437) Homepage
    Personally, I would think that the 9 year jail time is "proportional" punishment for a number of reasons:

    1. How much time was spent deleting the emails that this guy sent - say it takes a cent an email, everytime he sends out 10M emails, this costs the economy $100,000. So taking that into acount, we can probably say that $50-$100 M is lost to the economy each year.

    2. How much has been spent on Spam filters, installation and upgrades? How many billions of dollars per year are spent by businesses, individuals and governments? Let's be conservative and say $100M per year.

    3. How much bandwidth has been stolen, proxies illegally set up? What is the cost to individuals, businesses, government - again being conservative let's say $50M per year.

    4. I won't even guess at the amount of money that this guy's clients have taken from (dumb) people that respond to the emails.

    So, looking at this from this prospective, this guy is a kingpin in a minimum $200M per year scam. It could probably be argued that this guy's contribution to the problem could cost society $200M per year. What do you think is an appropriate punishment for a crime of this magnitude?

    Fines for this type of behavior don't work; the spammer will just declare bankrupcy after moving his money to a protected location.

    The comparison to the time given to a rapist or murderer is not reasonable. I would expect that the spammer is going to end up in a minimum-security institution. Where a rapist or murderer will end up in a maximum security prison or better. On leaving prison, a rapist/murderer is normally required to register where they are living and will be regularly interviewed by police when there is a crime that is similar in nature to theirs - they can never leave this behind them.

    The spammer, if he does change his ways, can lead a new life after prison with it just being remembered as a mistake that he didn't fully understand the consequences to - but at least he try to destroy somebody's life (as a violent criminal would have to live with).

    myke

  • Raping in prison (Score:3, Interesting)

    by Firethorn ( 177587 ) on Wednesday November 10, 2004 @10:56AM (#10776496) Homepage Journal
    I have to agree with this. You can successfully argue that a convict is better off in Abu Graib than some american prisons. From what I've heard, it seems that the higher ups, not having any experience running a prison, used reservists who were civilian guards. I noted that the highest ranking individual charged was one. I think it indicates a major problem with our civilian prison system.

    Consider-You have problems in american prisons with:
    1. Rape
    2. Murder
    3. Beatings/assaults
    4. Drugs

    One such problem, but google's overwhelmed [cnnsf.com]
  • Typical "Justice" (Score:3, Interesting)

    by Anonymous Coward on Wednesday November 10, 2004 @10:59AM (#10776540)
    As an ex con who did my share of months in ohios system, this really is nothing new. I spent time inside with a rapist that was sentenced to 3 years (with a prior felony record) and a man that was extorting a catholic priest (the priest supposedly molested his girlfriend) that got 6 years for that.....

    So a violent rape gets 3, but extortion (not even with a threat of violence) gets 6....

    There is no proportionality in sentencing, there is too much leeway...and they are entirely too ready to lock individuals up, where they can go to criminal college, because let me tell you, prison is nothing but an educational system for crime...

    I did not know anything about the criminal lifestyle before going in, now I could (not going to) make crack, and meth, and more importantly how to sell them......without committing the same mistakes that the others made.

    The "treatment" that is offered, is a joke, I committed my crime in the heat of passion, under a ton of stress and had a blackout (from bipolar disorder was manic)--no therapy, just give me drugs to make me calm....

    Others sold their happy pills.....for cigarettes....it was so noisy that i kept em--have to sleep someway...

    And when you get out it is almost impossible to obtain employment. But child support is still going at the rate that you had ordered and earned before you went in so i owe over 10 grand to them--they can garnish up to 65% of net....so what do you do if you cant earn a living with good pay to begin with, and they take out 65% of what you would bring home--my checks right now are less than 150 a week....

    The life of crime is looking better and better, I simply cannot make it trying to stay straight.........
  • by glrotate ( 300695 ) on Wednesday November 10, 2004 @11:11AM (#10776677) Homepage
    I spent about a week and a half in the county lockup once until they realized I was innocent and let me go. Believe you me there is no such thing as a country club jail. Being incarcerated sucks. After about 3 days of solitary confinement (all new arrivals are held seprately until they classify your security risk) and you're ready to kill yourself. After a week your ready to freak out. I can't imagine doing serious time, anything more than a few months and your brain would just be mush.

    My take now is to give people an appropriate number of lashes in the city square and let em go.
  • Re:first post? (Score:2, Interesting)

    by pmagsa ( 828320 ) on Wednesday November 10, 2004 @11:14AM (#10776721) Homepage
    Have you checked eBay? You might find it there. I found some email databases on sale at MercadoLibre (eBay company for Latin America). Take a look a my comment here: http://slashdot.org/comments.pl?sid=128998&cid=107 64051 [slashdot.org]
  • Re:Proprotionality (Score:5, Interesting)

    by walt-sjc ( 145127 ) on Wednesday November 10, 2004 @11:26AM (#10776836)
    In my area, we had a guy that raped a 6 year old girl get 2 years, when it should have been life. Another guy that killed someone by running over him with a snowmobile (hit and run, leaving the guy he hit to freeze to death) got 6 months. A woman who wroute a couple bad checks and no prior history got 4 years.

    There is a serious problem with sentancing. Criminals with serious offences are getting off light while more minor offences receive serious jail time. I have a problem with this.

    In this particular case though, I feel the spammer received an appropriate sentence - maybe a little lighter that I would prefer, but better that the usual nothing.
  • Comment removed (Score:2, Interesting)

    by account_deleted ( 4530225 ) * on Wednesday November 10, 2004 @11:28AM (#10776869)
    Comment removed based on user account deletion
  • by Captain Chad ( 102831 ) on Wednesday November 10, 2004 @11:31AM (#10776909) Homepage
    AOL alone deletes approximately 2 billion spam messages each day (reference here [pcworld.com]), and has won a lawsuit [post-gazette.com] against a company that single-handedly sent a billion. Nine years is approximately 284 million seconds, so I suspect we are talking small fractions of a second per spam message.
  • by redelm ( 54142 ) on Wednesday November 10, 2004 @11:39AM (#10776986) Homepage
    For once, I read the article. The whole thing. And I didn't really see anything that explained why 9 years was good, or that 9 months was too little, or that 19 would have been better. It mostly seemed to be the DA boasting and explaining why the prosecution was needed.

    I don't have a problem with the prosecution. It was fraud, on several levels. Nor do I have a problem with the punishment. AFAIK exemplary sentences _are_ allowed, even under US law. One major purpose of the entire justice system is deterrence. Punishment is too late, and must not be a licence.

  • by regen ( 124808 ) on Wednesday November 10, 2004 @12:23PM (#10777479) Homepage Journal
    2. Certainly the criminals can get out earlier with good behaviour.


    Nope. This is VA, where we have a truth in sentencing law. For any crime committed after Jan. 1st, 1995 there is no parole, no time off for good behavior.

  • by cinemabaroque ( 783205 ) <sophist112358@yahoo.com> on Wednesday November 10, 2004 @12:35PM (#10777619) Journal
    in china they execute [cnn.com] white collar criminals because they feel the distributed social harm of ripping off several thousand people is greater than stealing a purse from a single person on the street.
  • Sacrificial Lamb (Score:2, Interesting)

    by enigma44 ( 829798 ) on Wednesday November 10, 2004 @12:42PM (#10777715) Journal
    This guy is just a sacrificial lamb to send a message loud and clear to other spammers. I suppose time will tell if it has any effect. Many of these folks are offshore so it may make no difference unless we get serious about going after the ones offshoring. I'll be interested to see if the sentence stands on appeal or if it gets reduced or thrown out entirely. Personally,I want to see them get tougher on spyware. That stuff is evil. I know spam causes productivity issues and clogs ISP's but some of the latest spyware stuff I've had to endure has been just plain vicious. Anyhow, I'm sure if Jaynes goes to jail he won't be teaching computer classes. Has anyone seen Spam Roast? http://www.spamroast.com/ [spamroast.com] Kind of a funny little mocking site with someone writing replies to their spams. Good for a laugh or two.
  • Re:Zoo mentality (Score:3, Interesting)

    by Pxtl ( 151020 ) on Wednesday November 10, 2004 @12:54PM (#10777826) Homepage
    Mod parent up, I've often felt that "corporate jail time" would be a better answer to corporate crime than the modern approach of short-term fines. It would also make the shareholders partially accountable for the actions of the companies they buy into (no dividends) - as they should be: by appointing the CEO and providing funds, they are complicit in the crimes of the company proportionally to the amount invested.

    Of course, this is different in the cases of Enron-style financial fraud where the company's victim _is_ its investors - but in the cases of violating human rights/safety/environmental regulations a "corporate house arrest" policy would seem very appropriate.

    And as for the first point - I think that people need to stay very focussed on the purpose of the justice system. That is not currently happening - short terms for violent criminals, and punishment for crimes of theft/fraud/financial crimes are not proportional to the magnitude of the crime (white-collar financial crime exceeds the total monetary cost of street crime). If someone steals my car from the driveway they can go away for years, but if someone steals my pension they'll likely get off with a slap on the wrist, never mind the orders of magnitude in difference in the crime.

    The other problem is the prison system - there are three types of prison life:
    1: hell. You're the bottom of a totem pole in a violent state prison. Abuse, rape, and AIDS are a way of life.
    2: residence. You're in low-security townhouse system that doesn't really do anything to punish you - you just have to get up early and do a few odd jobs.
    3: thug. The guards would rather not deal with you, and you pretty much get free reign to do what you want.

    Now, the problem is that we seem to apply the wrong lifestyles to the wrong criminals. The worst, most violent career criminals live high on the hog - a highschool bully but with shankings and anal pillagings.

    The milder drug-offenders and non-violent sex offenders are still sent to Hell. Those people should be in psychiatric wards to be reconditioned.

    Meanwhile, many of the top-end white-collar criminals, even if they've stolen more than every thug in New York, get off in a country club... or even house arrest.

    I wonder where they send spammers? Club Fed probably - but at least its a long sentence in Club Fed.

    My solution: make use of the country's massive supply of idle psychology majors working joe-jobs 'cause they can't find work in the field. Retrain them as guards and get their hands dirty in the prison system.
  • Quick calcs: If you presume that he sends 10,000,000 spams/day at an average cost to the user of 0.1 seconds (since most now get caught in filters), and presume that he did this for about a year.
    That comes to about 11 person-years.

    Then you figure in how much money he made from his spamming scams... According to the courts, he was taking in $400K-$700K/month. Much of that was essentially money for SCAMS. Even if you presume $10% net profit, that's still about $50K/month. or 1/2Million/year. If you want to amortize that down to $50K/year, a 9 year sentence for a year's worth of spamming isn't too bad.

    Then you should consider the people that he scammed. He scammed probably in the range of a million people -- many of them people who were desparate foe some sort of income to begin with. For many of the most desperate it was money that they could ill afford -- so that he could live the high life.

    He cost a lot of people time and money -- time that we'll never get back. He didn't just victimize AOL. he essentially victimized the entire country. There is no way to charge him proportional to what he cost us worldwide. If anything 9 years is actually a little thin on that. However, I think it may be enough to make other spammers think twice about what they're doing, so I'd be happy to let it stand.

  • by bwalzer ( 708512 ) <slashdot.59@ca> on Wednesday November 10, 2004 @10:13PM (#10783607)
    There was once a time in my part of the world when copper suddenly became very valuable. This created a bit of a hysteria, people in the country had their copper washtubs disappear more or less overnight. People would throw a chain around a telephone cable, attach the chain to a truck and just drive. People with hacksaws would climb down into man holes and cut away all the cables flush with the walls. Things got kind of desperate, telco employees who did not do something like park the truck near the manhole would sometimes encounter law enforcement types with drawn weapons on their way out of the manhole.

    In their pursuit of beer money, the copper thieves damaged a lot of valuable infrastructure. An armed response to the theft of a few dollars of copper seems disproportionate but as a society we had become desperate. A few hundred telephone subscribers out of service for 6 hours is not all that bad a deal. The problem was that if the informal copper recycling biz had continued to increase in popularity there would soon be no phone service anywhere. Spammers are a lot like the copper thieves. If we do not deter spammers somehow, email and most any other sort of computer mediated communications is dead. It's as simple as that...

"Here's something to think about: How come you never see a headline like `Psychic Wins Lottery.'" -- Comedian Jay Leno

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