Language Selection

English French German Italian Portuguese Spanish

Judge Sentences Spammer to Nine Years

Filed under
Security
Legal

A Virginia judge sentenced a spammer to nine years in prison Friday in the nation's first felony prosecution for sending junk e-mail, though the sentence was postponed while the case is appealed.

Loudoun County Circuit Judge Thomas Horne said that because the law targeting bulk e-mail distribution is new and raises constitutional questions, it was appropriate to defer the prison time until appeals courts rule.

A jury had recommended the nine-year prison term after convicting Jeremy Jaynes of pumping out at least 10 million e-mails a day with the help of 16 high-speed lines, the kind of Internet capacity a 1,000-employee company would need.

Jaynes, of Raleigh, N.C., told the judge that regardless of how the appeal turns out, "I can guarantee the court I will not be involved in the e-mail marketing business again."

The prosecutor, Lisa Hicks-Thomas, said she was pleased with the sentence and confident that the law would be upheld on appeal.

"We're satisfied that the court upheld what 12 citizens of Virginia determined was an appropriate sentence - nine years in prison," Hicks-Thomas said.

Defense attorney David Oblon argued in court that nine years was far too long given that Jaynes was charged as an out-of-state resident with violating a Virginia law that had taken effect just two weeks before.

"We have no doubt that we will win on appeal," Oblon said outside court. "Therefore any sentence is somewhat moot. Still, the sentence is not what we recommended and we're disappointed."
Jaynes declined to talk to reporters. He remains under $1 million bond.

Though Oblon has never disputed that his client was a bulk e-mail distributor, he argued during the trial that the law was poorly crafted and that prosecutors never proved the e-mail was unsolicited. He also has said the law is an unconstitutional infringement of free speech.

Under Virginia law, sending unsolicited bulk e-mail itself is not a crime unless the sender masks his identity. Prosecutors brought the case in Virginia because it is home to America Online Inc., the leading Internet service provider.

Prosecutors have described Jaynes as among the top 10 spammers in the world at the time of his arrest, using the name "Gaven Stubberfield" and other aliases to peddle junk products and pornography. Prosecutors say he grossed up to $750,000 per month.

The jury also convicted Jaynes's sister, Jessica DeGroot of Raleigh, but recommended only a $7,500 fine. Her conviction was later dismissed by the judge. A third defendant, Richard Rutkowski of Cary, N.C., was acquitted of all charges.

Source.

More in Tux Machines

AMD Ryzen 7 2700X Linux Performance Boosted By Updated BIOS/AGESA

With last week's initial launch-day Linux benchmarks of the Ryzen 5 2600X / Ryzen 7 2700X some found the Linux performance to be lower than Windows. While the root cause is undetermined, a BIOS/AGESA update does appear to help the Linux performance significantly at least with the motherboard where I've been doing most of my tests with the Ryzen 7 2700X. Here are the latest benchmark numbers. Read more

GNU: The GNU C Library 2.28 and Guix on Android

  • Glibc 2.28 Upstream Will Build/Run Cleanly On GNU Hurd
    While Linux distributions are still migrating to Glibc 2.27, in the two months since the release changes have continued building up for what will eventually become the GNU C Library 2.28. The Glibc 2.28 work queued thus far isn't nearly as exciting as all the performance optimizations and more introduced with Glibc 2.27, but it's a start. Most notable at this point for Glibc 2.28 is that it will now build and run cleanly on GNU/Hurd without requiring any out-of-tree patches. There has been a ton of Hurd-related commits to Glibc over the past month.
  • Guix on Android!
    Last year I thought to myself: since my phone is just a computer running an operating system called Android (or Replicant!), and that Android is based on a Linux kernel, it's just another foreign distribution I could install GNU Guix on, right? It turned out it was absolutely the case. Today I was reminded on IRC of my attempt last year at installing GNU Guix on my phone. Hence this blog post. I'll try to give you all the knowledge and commands required to install it on your own Android device.
  • GNU Guix Wrangled To Run On Android
    The GNU Guix transactional package manager can be made to run on Android smartphones/tablets, but not without lots of hoops to jump through first.

Node.js 10.9 and npm milestone

  • Open Source Node.js Hits v10, with Better Security, Performance, More
    Speaking of which, the brand-new Node.js 10.0 is expected to soon support npm version 6 (currently Node.js ships with npm 5.7.x). The company npm Inc., which maintains the npm software package management application, today announced that major update, called npm@6. The npm company said its JavaScript software installer tool includes new security features for developers working with open source code.
  • Announcing npm@6
    In coordination with today’s announcement of Node.js v10, we’re excited to announce npm@6. This major update to npm includes powerful new security features for every developer who works with open source code. Read on to understand why this matters.

Openwashing: Sony, Scality and Ericsson