Thursday, March 6, 2008

Virginia Supremes Uphold Spamming Conviction

A press release of the Attorney General of Virginia, announced that the Virginia Supreme Court upheld the nation’s first felony SPAM conviction.  Virginia’s Anti-Spam Act "prohibits the sending of unsolicited bulk e-mail by fraudulent means, such as changing the header or routing information to prevent recipients from contacting or determining the identity of the sender."  According to the press release, "such conduct is punishable as a class 1 misdemeanor or as a class 6 felony if any one of the following conditions applies:

  • The volume of Spam transmitted exceeds 10,000 in any 24-hour time period, 100,000 in any 30-day time period, or one million in any one-year time period.
  • Revenue generated from specific Spam exceeds $1,000 or total revenue from all Spam transmitted to any ISP exceeds $50,000.
  • The defendant knowingly hires, employs, uses or permits any minor to assist in the transition of Spam."

The defendant in this case was sentenced to a term of nine years. 

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/03/virginia-suprem.html

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