9th Circuit Extends Government Deadline in CAN-SPAM Case

SAN FRANCISCO — The Justice Department must file an answer to an appeal filed by convicted porn spammers Jeffrey A. Kilbride and James R. Schaffer by Nov. 13, the 9th U.S. Circuit Court of Appeals has ruled.

Kilbride and Schaffer were convicted in 2007 on conspiracy, fraud, money laundering and obscenity charges in connection with a $2-million business that sent out millions of email messages embedded with hardcore pornographic images.

They were sentenced to five years in federal prison and ordered to pay $1.3 million, but were released on bail pending an appeal of the convictions. The judgment is one of the first successful prosecutions under the CAN-SPAM Act.

The Justice Department said they registered their domains under the name of a "fictitious employee at a shell corporation" and that the two had set up shop in the Republic of Mauritius — both CAN-SPAM violations. They also are alleged to have used overseas banks to launder and hide money from the IRS.

The appeal challenges the lower court’s instructions to the jury on obscenity charges that allowed the jury to consider evidence from jurisdictions outside their own community.

Industry attorney Greg Piccionelli of Piccionelli & Sarno said the appeal seeks to redefine “the Miller test,” or the application of local community standards to determine whether materials are obscene. It is “outdated and simply cannot be applied to Internet communications,” he told XBIZ in July.

The judge’s application of the test at trial created an “unprecedented hybrid instruction that combined local and non-local community standards,” Piccionelli added.

Gary Jay Kaufman of the Kaufman Law Group said the appeal also argues that the court erroneously allowed the government to bring in witnesses from all over the country and testify that they were “offended” by the images.

“The fact that lay witnesses were permitted to testify as to their opinion of the images was truly unbelievable and by itself constitutes grounds for reversal; their opinions were completely irrelevant,” Kaufman said.

Related:  

Copyright © 2025 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

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More