December 31, 2004
It Does Rise to a Crime. Sirs
Chuck Talk writes "It seems that Internet Security is being dealt a blow by the very system we desire to protect. In a rather embarassingly bad precedent, a Federal Judge rejected the guilty plea of AOL employee Jason Smathers who had sold 92 million email addresses to spammers. The report states that the Judge does not believe that Mr. Smathers actions rise unto the level of a crime under the CAN-SPAM Act of 2003. The reason he believes this, is reportedly that he does not believe that Mr. Smathers had deceived anyone, or that his act was not one of deception."