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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Australian Government's Social Media Access Proposal Endorses Porn-Stigmatizing Report

The Australian Labor government led by Prime Minister Albanese recently announced its intention to introduce legislation this year “to enforce a minimum age for access to social media and other relevant digital platforms,” stating the upcoming proposal would be based on a recent report that uses stigmatizing language to characterize all adult content.

Federal Judge Blocks Utah's Social Media Filter Law

A federal judge in Utah has blocked the state’s controversial new Minor Protection in Social Media Act, which was set to go into effect Oct. 1.

Mashable Probes Reactions to Project 2025 Among Performers Across Political Spectrum

Tech news site Mashable published an article Tuesday surveying opinions among adult performers across the political spectrum regarding Project 2025, the conservative initiative for a presidential transition that includes a call to criminalize the production and distribution of pornography.

Time Magazine Profiles ECP's Solomon Friedman

Time magazine published on Monday a profile of Ethical Capital Partners (ECP) VP of Compliance Solomon Friedman.

Show More