griff1013
join:2002-01-10
Virginia Beach, VA
| Are you kidding me???
He should never see the outside of a jail for the rest of his entire life and all his property seized and sold to pay for his incarceration. Crimes like this need to be elevated to a much higher level and punishments increased at least 10-fold.
Look at it this way. Millions of fraudulent transactions. If each one was prosecuted as an individual crime, he would receive millions of years in jail. It is almost better to committ billions of these frauds and have the whole case become a reverse class action so he can get off with a lighter sentence. The more scams you pull, the less your sentence will be??? |
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Cyron
join:2002-09-24
Charlotte, NC
| I think the prison sentence was a bit harsh. He probably should get 1-2 years, several years of probation (where he can't own or access a computer on the internet), and stripped of all money and/or property received from spam profits.
Just like non-violent drug offenders, these people really don't deserve to serve a prison sentence that has the same duration as violent criminals. |
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technick
Premium
join:2000-12-16
Loganville, GA
| reply to griff1013
As much as I hate spammers, I personally think that this penalty is really harsh, and counter productive. I would like to see the sentence dropped to 4-6 years, alot of community service, and stripped of all property that was funded by scams, and spam. Also 10-15 years probation.
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TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
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| reply to griff1013
said by griff1013  :He should never see the outside of a jail for the rest of his entire life and all his property seized and sold to pay for his incarceration. Crimes like this need to be elevated to a much higher level and punishments increased at least 10-fold. I don't think the hard time was unfair. But I do think they should grab every cent he owns and turn him into a pauper. They were way too easy on him there.
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Fluker
join:2005-04-07
West Lafayette, IN
| reply to Cyron
Yeah, 9 years is harsh..
I would say 1 to 2 is more reasonable (he took alot of time from alot of individuals with his crap), he should be required to surrender 90% of his profits (seeing as we have decided they were illegally acquired), and probation ought to be in place to keep him from going at it again.
I've got to admit it's hard to be rational when every time I get a C1a1ss+V1agr4 mail I want to jump through the screen and thrash the box and guy that sent me that crap.
(Gmail is sweet- 5 months and not ONE unsolicited message!) |
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
| reply to griff1013
yea when i get a crapload of spam i wish i could track down the spammer, shoot them in the legs and arms and then leave them in death valley for the Vultures(provided Vultures would eat their own dead)
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Voyager2K2
join:2001-10-04
Wayne, PA | Dude!
You friends with Taylor the Troll? |
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footballdude
Premium
join:2002-08-13
Imperial, MO
| reply to Cyron
said by Cyron :Just like non-violent drug offenders, these people really don't deserve to serve a prison sentence that has the same duration as violent criminals. Non violent offenders usually get parole much easier and quicker so the comparison isn't exact. |
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TScheisskopf
World News Trust
join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..
| reply to griff1013
While your desire for a draconian sentence is understandable on an emotional level, I seem to remember, from my school days, that one of the bedrock reasons for the creation of the United States was to develop a justice system that administered impartially and did not indulge in draconian sentences that were given to assuage a knee-jerk public need for knee-jerk public revenge. I will paraphrase:
We have a justice system, not a revenge system.
On the other hand, civil actions and penalties are warrented. His assets, in toto, are obviously the fruits of ill-gotten gain. The courts would be wise to place them in escrow, in preperation for civil actions that might distribute them to aggrieved parties who are successful in making their claims before the courts and receiving recompense for their costly deployments of technological solutions to the problems that this person's actions created. |
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Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:
| reply to Cyron
Keep in mind, while calling this guy a spammer is good press for the prosecutor, the fact is most of his sentence came from FRAUD charges. He wasn't just sending annoying spam, he was taking money for products and other junk that were never delivered.
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djrobx
join:2000-05-31
Valencia, CA | reply to Fluker
Don't forget that the sentence is overstated. He probably won't serve anywhere near 9 years.
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bmcwilliams
join:2002-11-12
USA
| reply to Camelot One
Camelot One wrote: the fact is most of his sentence came from FRAUD charges. He wasn't just sending annoying spam, he was taking money for products and other junk that were never delivered.
Not true. Prosecutors made sure the jury knew about Jaynes' various scams and anti-social behavior, but he was convicted only of forging email headers. In Virginia, that's a "Class 6" felony, punishable by one to 5 years in jail per count. |
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sdd75
join:2001-10-14
Maryville, TN
| reply to griff1013
Is it too harsh? Well, I think live (99 years) is excessive for spamming. To me, there is no comparison between this and violent crimes such as rape. Personally I believe that since rape can potentially effect the victim and heaven forbid a child and the rest of the family of the victim for an entire life, violent rape should accordingly effect the perpetrator an entire life, but that's a can of worms we probably don't need to open too far.
Regarding spam. The effects of this are rarely life long. Sure, someone could argue their 5 year old that saw a porno mommy didn't want him to see is scarred for life, but that delves to far into aggravation-based charges than anything else. I do feel jail time (and who is to say how much *shrug*) is appropriate. Additionally, if the spammer does more than simply spam, but also uses the spam to conduct other activities such as fraud, porn, etc, then the DOJ should go ahead and pile on the charges.
To summarize, in my opinion, the act of spam itself should receive a rather minimal penalty, say 1 year. However, once convicted of spam, then the door should be opened for a variety of other charges, both criminal and civil. (i.e. warrants should basically be automatically granted at this point to further investigate the spammer.) If the DOJ can successfully tie the spammer to other criminal activities, then the spammer should likewise be charged. In that case, I could see significantly larger penalties being imposed that are not directly related to the 1 year spam sentence.
In addition to criminal charges, as many victims of said spammer as can reasonably be identified by the investigation should be notified. Once convicted criminally, civil charges should be easily brought forth, particularly with the help of the DOJ. I think once a few spammers get their fortunes picked through by all of the vultures that come flocking in with civil charges, the point will be firmly made. The sheer number of cases suddenly facing said spammer would be daunting to say the least. I also think letting the victims file what would be at minimum a sizable class action against a convicted spammer would be at minimum, fair.
I also want to point out a recent case of spam-caused business losses I witnessed. I was managing IT for a local business who suddenly found their emails were being returned to them. Research later determined that an individual was sending child porn from the same server said company's web and email was hosted on. This caused said company to spend money on labor trying to find what was initially an unknown email problem, important government documents to be returned, and issues with them trying to track down which emails got through and which ones didn't. There is a lot of paid man-hours worth of damage done to the company. In addition, programs such as virus protection and spam blocking are now necessary as the collective result of individuals such as this one. If the door is open for this company to file a civil claim for the lost money in the form of wages, taxes, and software expenses against the convicted spammer, then additional justice would be served. This is just one small, private company among many companies small and big in the United States. The spammer would be paying for a very long time, both in and out of jail.
I think this is just. |
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mythology
join:2002-10-16
Seneca, SC | reply to griff1013
9 years is way to harsh. I get 15 calls a day from people trying to sell me stuff over the phone, i dont see them serving 9 years in jail and I know the phone company has the power to track them down. |
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nguyen27
join:2003-05-14
Quincy, MA
| reply to griff1013
Well, the guy get what he deserves, saying it is harsh is just sound like when some one kill some body else and just use the sanity defense to get away from it. The guy send spams to thousands or dar I said millions people, scamming people left and right and you say he doesn't deserve a 9 years in prison? He is not only cost people who he scammed, but also cost ISPs/Companies time and money to cleaning after his spamming emails. |
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nguyen27
join:2003-05-14
Quincy, MA
| reply to mythology
said by mythology :9 years is way to harsh. I get 15 calls a day from people trying to sell me stuff over the phone, i dont see them serving 9 years in jail and I know the phone company has the power to track them down. There is an option for you to get this phone calling stop, it is at »https://www.donotcall.gov/default.aspx |
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mythology
join:2002-10-16
Seneca, SC | reply to griff1013
The do not call list? Ya how long before the list gets "lost" or sold. Why didnt they start a Do Not Spam List? lol |
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Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:
| Do Not Call list is given to telemarketers, so they know who not to call. And there are some pretty steep penalties if they call anyway. However, those penalties are only enforceable with companies located in the US. Not only would a do not spam list be completely useless, the Do Not Call list will soon be, as VoIP is making it more affordable to cold call from overseas.
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outerspace_Geek
| reply to djrobx
Don't worry.... he'll likely spend 5 mos at Camp Cupcake.... then get sentanced to 5 mos of house arrest at a lavish home where all he'll be able to do is to clean and re-model... oh.. perhaps he'll be able to work on a new TV show or some other such nonsense  |
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gordoco
join:2004-06-05
Boulder, CO
| reply to griff1013
Fair punishment
Let's establish a fair sentence for this guy: how about 2 seconds for every email he sent. That seems like fair compensation for the amount of time it took each recipient to quickly scan the subject line and hit the delete key.
The article said he sent 10 million emails a day. That's 231 days in prison per day of spamming. I didn't see how long he was active, let's say 6 months. That would make his sentence about 41580 days, or 114 years.
I think he's getting a very lenient sentence. |
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