Howard Carmack
Encyclopedia
Howard Carmack was the first spammer, i.e. notorious sender of spam e-mails, to be sentenced to a time in jail.
He was arrested in May 2003 http://www.oag.state.ny.us/media_center/2003/may/may14a_03.html and first freed for a bail
of $20,000.
The prosecution succeeded in demonstrating to the jury
of a court in the state of New York
that he had sent out 825 million spam e-mails via the Internet service provider
Earthlink
, using the identities of two people from the city of Buffalo
as well as hundreds of aliases. The jury found him guilty in March 2004 of a New York misdemeanor, identity theft
, and 14 counts of fraud
. http://www.pcworld.com/article/115503/buffalo_spammer_convicted.html
Although there now is a United States federal law restricting fraudulent practices in spam, Carmack was not convicted under this law, since it was not yet in force at the time of the offenses. However, he was convicted for violating New York state laws regarding identity theft and falsification of documents, header and sender information in this case. In May 2004 the court sentenced him to the maximum sentence for this offense, namely 7 years in prison
.
Before this conviction, Carmack also lost a lawsuit before a federal court in Atlanta, which required him to pay damages of US$14.5 million to the internet service provider
Earthlink
for the same actions. http://www.pcworld.com/article/110627/earthlink_wins_16_million_in_spam_case.html
He was arrested in May 2003 http://www.oag.state.ny.us/media_center/2003/may/may14a_03.html and first freed for a bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
of $20,000.
The prosecution succeeded in demonstrating to the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of a court in the state of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
that he had sent out 825 million spam e-mails via the Internet service provider
Internet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
Earthlink
EarthLink
EarthLink , is an Internet service provider headquartered in Atlanta, Georgia, USA. It claims 1.94 million subscribers.- Business :EarthLink provides a variety of Internet connection types, including dial-up, DSL, satellite, and cable. Both dial-up and high speed Internet access are available...
, using the identities of two people from the city of Buffalo
Buffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
as well as hundreds of aliases. The jury found him guilty in March 2004 of a New York misdemeanor, identity theft
Identity theft
Identity theft is a form of stealing another person's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name...
, and 14 counts of fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. http://www.pcworld.com/article/115503/buffalo_spammer_convicted.html
Although there now is a United States federal law restricting fraudulent practices in spam, Carmack was not convicted under this law, since it was not yet in force at the time of the offenses. However, he was convicted for violating New York state laws regarding identity theft and falsification of documents, header and sender information in this case. In May 2004 the court sentenced him to the maximum sentence for this offense, namely 7 years in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
.
Before this conviction, Carmack also lost a lawsuit before a federal court in Atlanta, which required him to pay damages of US$14.5 million to the internet service provider
Internet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
Earthlink
EarthLink
EarthLink , is an Internet service provider headquartered in Atlanta, Georgia, USA. It claims 1.94 million subscribers.- Business :EarthLink provides a variety of Internet connection types, including dial-up, DSL, satellite, and cable. Both dial-up and high speed Internet access are available...
for the same actions. http://www.pcworld.com/article/110627/earthlink_wins_16_million_in_spam_case.html