Interesting People mailing list archives
more on Spammer bail set at $1M
From: David Farber <dave () farber net>
Date: Tue, 09 Nov 2004 16:08:03 -0500
Begin forwarded message: From: Lauren Weinstein <lauren () vortex com> Date: November 9, 2004 1:26:34 PM EST To: Richard Wiggins <richard.wiggins () gmail com> Cc: David Farber <dave () farber net>, lauren () vortex com Subject: Re: [IP] Spammer bail set at $1M The basic problem is that he was not prosecuted (as far as I can tell) for fraud, or theft, or bunco, or ... He was prosecuted only for sending spam -- relating only to Virginia and even then only because he didn't use his real name. Those other crimes might well be deserving of a significant sentence -- but he wasn't tried for those, nor has it been demonstrated or proven in court that the $24M the state claims he has is illicit under the law. If we aren't careful, we're going to validate the tactics of the RIAA, MPAA, and other organizations trying to prosecute in one state for one crime while really being interested in interstate activities of an often different sort. The kind of reasoning used in the spam case can easily be turned around and result in all manner of disproportionate sentences. I'm one of the most vocal haters of spam on the Net for many, many years and am involved in anti-spam work, but that doesn't mean that I support disproportionate or skewed enforcement efforts. Give prosecutors an inch with this stuff and they'll take a lightyear. --Lauren-- Lauren Weinstein lauren () pfir org or lauren () vortex com or lauren () privacyforum org Tel: +1 (818) 225-2800 http://www.pfir.org/laurenCo-Founder, PFIR - People For Internet Responsibility - http://www.pfir.org
Co-Founder, Fact Squad - http://www.factsquad.org Co-Founder, URIICA - Union for Representative International Internet Cooperation and Analysis - http://www.uriica.org Moderator, PRIVACY Forum - http://www.vortex.com Member, ACM Committee on Computers and Public Policy ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- more on Spammer bail set at $1M David Farber (Nov 09)