Battle Over Spam May Veer to Criminal Court
- From: Educational CyberPlayGround <admin@xxxxxxxxxxxxxxx>
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- Date: Tue, 26 Apr 2005 14:29:25 -0400
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Battle Over Spam May Veer to Criminal Court
Exception in federal law allows states to press fraud-related charges
http://www.law.com/jsp/article.jsp?id=1114432512534
Dee McAree
The National Law Journal
04-26-2005
Legal actions to contain e-mail "spam" have been grinding along on the civil
side for years, but stalled on the criminal front -- until now.
The recent felony conviction and sentencing of a Virginia man for
spam-related offenses -- the first on a felony level -- could be a sign that
more criminal prosecutions are coming to a legal battleground more
accustomed to civil actions and large fines.
In January 2004, Congress passed the federal Can-Spam Act in an effort to
streamline spam regulations and give the Federal Trade Commission more room
to go after spammers. But many prosecutors and civil lawyers say the federal
law has no teeth. The sentencing of the Virginia defendant, Jeremy Jaynes,
to nine years in prison is an indication that states are taking spam
prosecution into their own hands.
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