Federal Judge Refuses Spam Guilty Plea

NEW YORK — A federal judge rejected the guilty plea of a former America Online employee who allegedly stole nearly 100 million email addresses and sold them to spammers, saying that he wasn’t sure the employee had actually committed a crime.

The Tuesday hearing in which Jason Smathers had agreed to plead guilty to conspriracy and interstate trafficking as part of a bargain with federal with federal prosecutors was halted after U.S. District Judge Alvin Hellerstein said that he had “technical questions” about the nature of the crime.

Hellerstein, who also mentioned that he had canceled his AOL account after receiving massive amounts of junk email, said he was unsure about whether Smathers actions were actually in violating of the Can-Spam act, which requires that spam be both annoying and deceptive.

“Everybody has spamsters, but mine is a technical question,” said Hellerstein. “I don’t think it’s deceptive or misleading to the recipient.”

Hellerstein then asked prosecutors to submit legal briefs by Jan. 12 so he could decide on whether Smathers was in violation of the law.

“I need to be independently satisfied that a crime has been committed,” the judge said.

If convicted, Smathers could face up to 15 years in prison, but the deal he cut with prosecutors would leave him with a potential prison term of 18 months to 24 months.

The Can-Spam Act, passed by the legislature in 2003 in response to mounting concerns about the quantity of junk email transmitted over the Internet, prohibits unscrupulous email marketing. Provisions of the act make it illegal to send email with the intent to deceive or mislead recipients about the origins or subject matter of the messages, and neglecting to state in the subject header whether the email contains pornographic material.

While Hellerstein is not questioning the constitutionality of the law itself, his questions echo similar concerns expressed by U.S. lawmakers when the bill was passed in November 2003.

“The bill doesn’t can spam, it legalizes it,” Debra Bowen, a Democrat state senator in California told the New York Times at the time. “It’s full of loopholes. It’s difficult to enforce. It’s weaken than many state laws.”

Before the act’s passage, eight state attorneys general who sit on the Internet committee of the National Association of Attorneys General wrote a letter to the legislature, saying that the Can-Spam Act “creates so many loopholes, exceptions and high standards of proof, that it provides minimal consumer protections and creates too many burdens for effective enforcement.”

The next hearing in the case is scheduled for Jan. 28.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Judge Pauses Lawsuit Over Indiana AV Law

A U.S. district court judge has paused a lawsuit over Indiana’s age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

ASACP Urges Compliance With UK Online Safety Act

LOS ANGELES — The Association of Sites Advocating Child Protection (ASACP) has issued a statement advising adult companies to prepare to comply with the age assurance provisions of the U.K.'s Online Safety Act, which go into effect in 2025.

Pornhub Rejects Claim It Plans to 'Avoid' Age Verification in UK

Pornhub parent company Aylo told XBIZ on Monday that a recent report claiming the site will use a “loophole” to sidestep age verification requirements under the U.K.’s Online Safety Act is “misleading,” and that the company will always ensure its sites are compliant.

FSC Sues Tennessee Over AV Law, Seeks Preliminary Injunction

Free Speech Coalition, along with a group of adult industry stakeholders, has filed a legal challenge to Tennessee’s age verification law and requested an expedited preliminary injunction against enforcement.

Satisfyer Helps Dutch Police Dismantle Counterfeit Network

Satisfyer has teamed up with Dutch authorities to help dismantle a counterfeit network that sold fake products online, including items purporting to be the brand's Pro 2 and Penguin vibrators.

Indiana, Ohio AGs File Amicus Brief in Support of Texas AV Law

Indiana Attorney General Todd Rokita, along with Ohio Attorney General Dave Yost and officials from 22 other states, on Friday filed an amicus brief with the United States Supreme Court in support of Texas’ controversial age verification law.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

Show More