* A lot of these cases are prosecuted under multiple counts, multiple laws.
* CAN-SPAM provides for several "enhancers" - aggravated violations - that often involve criminal acts employed in the sending of spam (forgery, compromise or relay through servers, setting up fake shell companies etc)
As long as the perps are in a country and a money trail leads back to that country - offshoring doesn't help.
Beyond that - if they're elsewhere, there are still MLATs, the Council of Europe convention on Cybercrime (to which the US is a signatory as are several other countries) etc.. it just takes a lot longer to do cross border enforcement.
Re: Defendants Convicted in 1st Criminal CAN-SPAM TrialRichard Golodner – Sep 27, 2007 7:04 AM PDT
One down, how many more to go? This seems like a very convoluted way to resolve this problem of prosecuting spammers, but hopefully this will serve as an example that the long arm of the law may in fact, reach out and bust you for sending this kind of junk.
I commend the efforts of those involved and would love to see it happen more often.
Most sincerely, Richard Golodner
Let's put it this way.
* A lot of these cases are prosecuted under multiple counts, multiple laws.
* CAN-SPAM provides for several "enhancers" - aggravated violations - that often involve criminal acts employed in the sending of spam (forgery, compromise or relay through servers, setting up fake shell companies etc)
As long as the perps are in a country and a money trail leads back to that country - offshoring doesn't help.
Beyond that - if they're elsewhere, there are still MLATs, the Council of Europe convention on Cybercrime (to which the US is a signatory as are several other countries) etc.. it just takes a lot longer to do cross border enforcement.
One down, how many more to go? This seems like a very convoluted way to resolve this problem of prosecuting spammers, but hopefully this will serve as an example that the long arm of the law may in fact, reach out and bust you for sending this kind of junk.
I commend the efforts of those involved and would love to see it happen more often.
Most sincerely, Richard Golodner