Spammer gets up to 37 months in prison thanks to $250,000 profits recorded from spam acts

In 2003 congress passed the CAN-SPAM Act of 2003 aimed at making it possible to prosecute and fine or impose prison terms on people convicted of spamming. In January of 2007, Jeffery Goodin was the first person in America to be convicted for spamming.

Later the same month MySpace filed suit against Scott Richter, dubbed the “Spam King,” for sending spam to millions of MySpace users.

In June of 2007, another top spammer had been arrested on multiple charges relating form his criminal spam activities. Today NetworkWorld reports that spammer Min Kim has received a longer-than-average prison term when convicted of spamming due of the amount of money earned as a result of the illegal activates.

Kim kept detailed business records that showed a profit of over $250,000 USD as a result of spamming activities. The normal sentence for a convicted spammer is 24 to 30 months in prison. However, thanks to Kim’s admitted $250,000 profit the judge bumped the sentence up to 30 to 37 months even though Kim was a first time offender.

This case could set a precedent that sees spammers serving longer prison terms than before when convicted. The sentence was handed down by U.S. District Judge Lewis Babcock. According to Aaron Kornblum, senior attorney with Microsoft’s Internet Safety Enforcement Team this is the first time that CAN-SPAM Act of 2003 laws were used in this manner.

The judge used a CAN-SPAM stipulation that says in the absence of direct proof of the amount of monetary loss a spammers activities caused a judge could base a sentence on the amount of profit a spammer made.

"You can bet that Sony built a long-term business plan about being successful in Japan and that business plan is crumbling." -- Peter Moore, 24 hours before his Microsoft resignation

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