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Oklahoma Man Wins $10 Mil Spam Battle
Backs prodigious spammer into a corner
Late last month, an Oklahoma man and ISP owner received a $10 million settlement against spammer Robert Soloway and his company Newport Internet Marketing, one of the world's 10 largest spam outfits. Though it's unlikely he'll see much of the money (Microsoft already won a legal victory against the same spammer), it puts Soloway on extremely tenuous footing. Robert Braver maintains a website of his legal battle.
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ifarrell
join:2000-08-10
Willow Spring, NC

ifarrell

Member

Couldn't care less.....

I have no sympathy for these Spammers.
Throw them all in jail and throw away the key.
There's enough junk on the Internet already.
REL749
join:2005-05-19
Sterling Heights, MI

REL749

Member

Re: Couldn't care less.....

I couldn't care less either.

I think the man should be put on DEATH ROW!!! Muhahaha!

Shamayim
Premium Member
join:2002-09-23

Shamayim

Premium Member

throwaway Soloway

"Though it's unlikely he'll see much of the money . . ."

Whatever happened to the concept of if you don't pay up you go to jail?

PhoenixDown
FIOS is Awesome
Premium Member
join:2003-06-08
Fresh Meadows, NY

PhoenixDown

Premium Member

Re: throwaway Soloway

Thats only if your not an incorporate entity or a high level company executive....

tapeloop
Not bad at all, really.
Premium Member
join:2004-06-27
Airstrip One

tapeloop to Shamayim

Premium Member

to Shamayim
said by Shamayim:

"Though it's unlikely he'll see much of the money . . ."

Whatever happened to the concept of if you don't pay up you go to jail?
If that were the case, every single Enron exec would be behind bars right now. [Insert your favorite prison cliche here]

While it's great that this guy is getting the smackdown of justice, I don't think this going to slow spam down that much. I definitely won't shed any tears seeing Soloway and his ilk cough up a lot of their ill-gotten dough.

G_Poobah
join:2004-01-17
Schenectady, NY

G_Poobah to Shamayim

Member

to Shamayim
Laws don't apply to corporations in this country. Even if the 'corporation' is convicted of a crime, there's no loss of liberty associated with the crime, so why should they care about the law? Corporations can't be jailed, can't get the death penalty, can't loose liberties, but they are given almost all the rights of a citizen. That's the root cause of the problem with corporations in this country.

Corporations should have NO rights relative to an individual. Executives and shareholders and employees of corporations should suffer punishments worse than citizens if they are convicted of any crime. The loss of money is NOT EQUAL to the loss of liberty. That's a problem.

footballdude
Premium Member
join:2002-08-13
Imperial, MO

footballdude

Premium Member

Re: throwaway Soloway

said by G_Poobah:

Laws don't apply to corporations in this country. Even if the 'corporation' is convicted of a crime, there's no loss of liberty associated with the crime, so why should they care about the law? Corporations can't be jailed, can't get the death penalty, can't loose liberties, but they are given almost all the rights of a citizen. That's the root cause of the problem with corporations in this country.
Apparently you haven't read the Sarbaines-Oxley act of '03 (or maybe it was '02). Corporate misdeeds now equal jailtime for CEO.
caco
Premium Member
join:2005-03-10
Whittier, AK

1 edit

caco to G_Poobah

Premium Member

to G_Poobah
Ever hear of Arthur Anderson? You should ask those folks if laws applies to them. Loss of Liberty? Ask Dennis Kozloski,Mark Swartz or Ebbers how they like that liberty from jail cell they are in. Ken Lay next up for a 6 x 8 cell.

Try getting a corporate conviction in China.
WyoNative
join:2005-01-31
Enfield, CT

WyoNative

Member

Re: throwaway Soloway

What jail cell?? Though sentenced, AFAIK, they are appealing their convictions and it's anyones guess when/if they will ever see a jail cell...

nixen
Rockin' the Boxen
Premium Member
join:2002-10-04
Alexandria, VA

nixen to G_Poobah

Premium Member

to G_Poobah
said by G_Poobah:

Corporations should have NO rights relative to an individual. Executives and shareholders and employees of corporations should suffer punishments worse than citizens if they are convicted of any crime. The loss of money is NOT EQUAL to the loss of liberty. That's a problem.
Wow. That's enlightened.

So, if your parents' 401(k) holds stock in such a criminal company, your parents should go to jail? After all, they're shareholders. Shareholders should go to jail because they allowed themselves to get ripped off?

Some line worker in Wyoming should go to jail because their whoring, coking, embezzling CEO drove the company into the ground?

Interesting world-view.

-tom

oOPayback
@shawcable.net

oOPayback

Anon

Re: throwaway Soloway

Don't be a twit, he obviously means voting-stock shareholders. Ones who have a say in the company rather than just being along for the ride.
itguy05
join:2005-06-17
Carlisle, PA

itguy05 to Shamayim

Member

to Shamayim
quote:
Whatever happened to the concept of if you don't pay up you go to jail?
It's not the 1700's.

How are you supposed to repay the debt from jail where you are not working?

KCB_PDX
World Gone Wild
Premium Member
join:2003-07-09
Scappoose, OR

KCB_PDX

Premium Member

Re: throwaway Soloway

Here is a perfect example of how it is done. How can justice be served when criminals are given deals like this?

»www.wweek.com/story.php? ··· ory=5176
mlundin
join:2001-03-27
Lawrence, KS

mlundin to itguy05

Member

to itguy05
said by itguy05:


It's not the 1700's.

How are you supposed to repay the debt from jail where you are not working?
You can get paid a couple dollars a day in jail for doing things like cooking and laundry. It may take the rest of his life to pay off the debt, but that doesn't really bother me.
smcallah
join:2004-08-05
Home

smcallah

Member

Re: throwaway Soloway

In some states the money you make doing work in prison is used to pay for your "rent" and food when you get out.

So you don't get any of that money.
wtansill
Ncc1701
join:2000-10-10
Falls Church, VA

wtansill to itguy05

Member

to itguy05
said by itguy05:
quote:
Whatever happened to the concept of if you don't pay up you go to jail?
It's not the 1700's.

How are you supposed to repay the debt from jail where you are not working?
License plate manufacturing...

xpkranger
Premium Member
join:2000-10-27
Tucker, GA

xpkranger to Shamayim

Premium Member

to Shamayim
This is a civil case, not a criminal case as I understand it even though I didn't RTFA. You don't go to jail when you lose a civil case. Just ask O.J. Simpson.

oliphant
I Have 8 Boobies
Premium Member
join:2004-11-26
Corona, CA

oliphant to Shamayim

Premium Member

to Shamayim
You used to is the 'old' days, it was called debtor prison.

killtheSCUMBAG
@12.173.x.x

killtheSCUMBAG

Anon

Take everything he has and then...

...castrate him with a branding iron !!! Oh, and then hang him HIGH !!!

Vvian Kalyss
join:2003-10-14
Stage 5.0

Vvian Kalyss

Member

Re: Take everything he has and then...

...uh, Taylor moved? That's a new IP.

bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Fit the crime?

Not to defend spamers in any way, but:

1. He did not receive a "$10M settlement." He received a "default judgement" which means that this thing has never been tried in a court of law, only that the defendant didn't show up. Two entirely different things.

2. The "corporate veil" is becoming increasingly penetrable. Often, principals of a corporation can be held liable for the debts of the corporation. The new BK laws are also contributing to this.

While spam is bad, it really is not much more than an annoyance, and I think that a $10M judgement is way out of line, and that OK law is a piece of toilet paper that should have never seen the light of day. Come on... $50K/day for an annoyance? I'd think that the OK legislature would have better things to do with it's time.

newview
Ex .. Ex .. Exactly
Premium Member
join:2001-10-01
Parsonsburg, MD

newview

Premium Member

Re: Fit the crime?

said by bent:

While spam is bad, it really is not much more than an annoyance . . .

Oh? It's MUCH more than an annoyance:
quote:
The cost of spam in terms of lost productivity has reached $21.58 billion annually, according to the 2004 National Technology Readiness Survey.

Messaging market-research firm Ferris Research expects to reveal similar, if slightly lower, figures soon. Analyst Richi Jennings projects the cost of spam in 2005 will come to $17 billion in the United States and $50 billion worldwide.
»www.informationweek.com/ ··· 59300834


bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

Gotta love how they massage their numbers, and then give you the basis to refute them in the next paragraph. Hell, the numbers don't even add up in the first place. 169.4M people * 3 minutes / 60 minutes an hr * 5 days a week = 42.35M hours a week, not 22.9 like claimed. You can make statistics say anything you want them to say. If spam is such a big deal, and causes so much lost productivity, then it should be incumbent on corporate America to control their networks, and not allow the spam in in the first place.
The annual survey, conducted by Center for Excellence in Service at the University of Maryland's Robert H. Smith School of Business and Rockbridge Associates, a technology research firm, reveals that Internet users in the United States spend an average of three minutes deleting spam each day they use E-mail. Multiplied across 169.4 million online adults in the United States, this comes to 22.9 million hours a week, or $21.58 billion based on an average wage.

"The business community needs to realize that a lot of its money is going down the drain," says Roland Rust, director of the Center for Excellence in Service. "This is a problem that concerns everyone."

The survey indicates that 78% of online adults receive spam daily and 11% receive at least 40 such messages.
I wonder how many productive hours are lost to drinking coffee? The truth is that if you get spam, it's because you asked for it. I get no spam what so ever. If that's due to Comcasts spam filter, or the fact that I don't give my true e-mail address out at all, I don't know, but if you are getting it, it's because you asked for it in one way or another.

UnnamedSysadmin
@z27-154-67.customer.

UnnamedSysadmin

Anon

Re: Fit the crime?

"The truth is that if you get spam, it's because you asked for it."

This is an invalid and naïve comment. I can't begin to describe the number of E-mails that our servers reject because spammers are using random name generators trying to get a hit. When a new employee starts, it only takes a few days for SPAM to show up, even when they haven't used or know about the account yet.

bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

said by UnnamedSysadmin :

"The truth is that if you get spam, it's because you asked for it."

This is an invalid and naïve comment. I can't begin to describe the number of E-mails that our servers reject because spammers are using random name generators trying to get a hit. When a new employee starts, it only takes a few days for SPAM to show up, even when they haven't used or know about the account yet.
Exactly. Your servers reject them, so the end user spends no time deleting them. An enlightened policy like this must make your life blissful.

Vvian Kalyss
join:2003-10-14
Stage 5.0

Vvian Kalyss

Member

Re: Fit the crime?

...and you conveniently forget the part about the spam whizzing around costing bandwidth and storage. That's not yours, so it's free right?

Oh, wait.


bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

said by Vvian Kalyss:

...and you conveniently forget the part about the spam whizzing around costing bandwidth and storage. That's not yours, so it's free right?

Oh, wait.


said by bent:

at this point dealing with it has to be factored into the cost of doing business, and passed on the the end user.
The Antihero
join:2002-04-09
Enola, PA

The Antihero to bent

Member

to bent
said by bent:

The truth is that if you get spam, it's because you asked for it.
Spoken like a true spammer.

newview
Ex .. Ex .. Exactly
Premium Member
join:2001-10-01
Parsonsburg, MD

newview to bent

Premium Member

to bent
said by bent:

I don't know, but if you are getting it, it's because you asked for it in one way or another.
And I suppose the innocent servers who were relay-raped and hijacked, the infected zombies that were taken advantage of, the obfuscated web sites "spamvertised" and bearing little or no whois info and the forged headers and From: email addresses are all accidental?

Fat chance.

The spam I get is to the valid whois info addresses for the domains under my control, obviously harvested by a spammer for the sole pupose of sending spam.

"Because I asked for it . . . "?

Get real.

bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

said by newview:
said by bent:

I don't know, but if you are getting it, it's because you asked for it in one way or another.
The spam I get is to the valid whois info addresses for the domains under my control, obviously harvested by a spammer for the sole pupose of sending spam.

"Because I asked for it . . . "?

Get real.
And how many of the 169.4M people get spamed because of someone harvesting their whois info? Sure some spam comes from people using name generators and trying for hits, but I'd be willing to bet that the vast majority comes from people giving their e-mail addy to an unscrupulous web site, who then sells it. If RNGs were to blame for all the spam, how come I don't get any, having a pretty simple x@comcast.net address? Install a spam filter and quit crying.

newview
Ex .. Ex .. Exactly
Premium Member
join:2001-10-01
Parsonsburg, MD

newview

Premium Member

Re: Fit the crime?

said by bent:

If RNGs were to blame for all the spam, how come I don't get any, having a pretty simple x@comcast.net address? Install a spam filter and quit crying.
If you're so sure of Comcast's filters, (aka Brightmail, aka Symantec) . . . post your email address.

bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

said by newview:
said by bent:

If RNGs were to blame for all the spam, how come I don't get any, having a pretty simple x@comcast.net address? Install a spam filter and quit crying.
If you're so sure of Comcast's filters, (aka Brightmail, aka Symantec) . . . post your email address.
lol, not a chance. That's the other side of the coin. By doing that, I'd be "asking for it."

ifarrell
join:2000-08-10
Willow Spring, NC

ifarrell to bent

Member

to bent
said by bent:

Gotta love how they massage their numbers, and then give you the basis to refute them in the next paragraph. Hell, the numbers don't even add up in the first place. 169.4M people * 3 minutes / 60 minutes an hr * 5 days a week = 42.35M hours a week, not 22.9 like claimed. You can make statistics say anything you want them to say. If spam is such a big deal, and causes so much lost productivity, then it should be incumbent on corporate America to control their networks, and not allow the spam in in the first place.
The annual survey, conducted by Center for Excellence in Service at the University of Maryland's Robert H. Smith School of Business and Rockbridge Associates, a technology research firm, reveals that Internet users in the United States spend an average of three minutes deleting spam each day they use E-mail. Multiplied across 169.4 million online adults in the United States, this comes to 22.9 million hours a week, or $21.58 billion based on an average wage.

"The business community needs to realize that a lot of its money is going down the drain," says Roland Rust, director of the Center for Excellence in Service. "This is a problem that concerns everyone."

The survey indicates that 78% of online adults receive spam daily and 11% receive at least 40 such messages.
I wonder how many productive hours are lost to drinking coffee? The truth is that if you get spam, it's because you asked for it. I get no spam what so ever. If that's due to Comcasts spam filter, or the fact that I don't give my true e-mail address out at all, I don't know, but if you are getting it, it's because you asked for it in one way or another.
You are such a moronic twit (there's another word I'd like to use but I'd get banned).
I get between 15 and 20 Spam Mails (in my Suspect Spam Folder) from places I didn't ask for. Most of it, corrupted BS stuff looking for a response so they can send me more.
That means it takes me 15-20 minutes each day to report it to Earthlink as Spam so it doesn't end up there again. Most of it has false headers. If I was asking for it, why would they need to use false headers? It's because they are criminals.
It's idiots like you that give the spammers a purpose in life.
For 99.99% of the rest of us, we would like to be left in peace.

bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

Again, Why don't I get any spam? 0. Zip. Nada. Maybe I'm doing something right, and you are the moronic twit? Idiots like me give the spammers purpose? I don't see how that can be, seeing as how I don't get any spam... Control your info, or it will control you. Tool.
fiberguy2
My views are my own.
Premium Member
join:2005-05-20

1 recommendation

fiberguy2 to bent

Premium Member

to bent
said by bent:

1. He did not receive a "$10M settlement." He received a "default judgement" which means that this thing has never been tried in a court of law, only that the defendant didn't show up. Two entirely different things.
A judgement is a judgement is a judgement. The fact that he didn't show up, in our legal system, is the same as accepting the complaint as true. He was found guilty - period.
While spam is bad, it really is not much more than an annoyance, and I think that a $10M judgement is way out of line, and that OK law is a piece of toilet paper that should have never seen the light of day. Come on... $50K/day for an annoyance? I'd think that the OK legislature would have better things to do with it's time.
How else do you stop spam? Slap them on the but like they did U.S. Bank when they fined them 1million dollars for selling customer information that they made 10 million on it?

Spam is NOT just an annoyance. It's apparent that you don't run an ISP do you? You think that every time a piece of email goes from one computer to another there isn't a cost associated wtih it? Do you think bandwidth is free? You think server disk space is free? You think that the labor costs in dealing with it is free? You think the software and hardware installed in place to deal with high volume email is free? You think spam is the smaller part of email messages flooding the internet today vs valid emails?

Annoyance? Think again. Also, the law is not worthless. You have to sting someone like a wasp to get them to stop and not just buzz around their face like a fly. SO I'd guess that in your view that it's ok that ISPs have to spend a large amount of money for an "annoyance" so that people can continue to abuse other people's resources. Like I said, it costs to transmit data over the internet.. the internet isn't free.

bent
and Inga
Premium Member
join:2004-10-04
Loveland, CO

bent

Premium Member

Re: Fit the crime?

While I'll agree that spam is more than an annoyance to the operators of ISPs, it still is not more than an annoyance to the end user. Since spam does not discriminate against any ISP, at this point dealing with it has to be factored into the cost of doing business, and passed on the the end user. Again, it's only an annoyance to the end user, paying a few dollars more on their monthly bill.

Let me ask you this. If all spam was wiped out overnight, would my internet bill go down? Not bloody likely. You're right, I don't run an ISP, but I do run a business, and there are things that I feel are wrong that affect my operating costs. You know what I do? I suck it up or pass it on.

I started this topic by saying "Not to defend spammers," and that's not what I'm trying to do. I'm merely trying to point out that if you expect legislation like this to have any effect on the levels of spam, you are sadly mistaken. If you remove one, two others will take his place, and they'll be offshore, where the laws of the US have a hard time reaching. If you want effective laws on this, target the ISPs that host spammers, although you'll still run into the offshore problem. If you want really effective laws, get all the other wired nations on board, and enact some laws that have teeth. Good luck with that.

I once had a problem with the firmware in my Linksys that was causing it to send out a huge amount of e-mail traffic. My ISP notified me of the problem, and although it took me a while to find the problem, I did, and fixed it. They took the responsible approach, and told me that if I couldn't fix the problem they would shut me down. If all the domestic ISPs took this approach, then domestic spam would probably decrease dramatically.

cableties
Premium Member
join:2005-01-27

cableties

Premium Member

ironic...

Kills me. Sadly, this guy will again, start some other sham (if not already). Or has others doing his bidding. Do ISP sales/marketing reps care who they host?

What is worse are that ISPs are actually using spammers for income. And big ISPs. Why? well, there are tiers for bandwidth. Let's say that somehow, all spam was stopped. Spam accounts for as high as 60% of bandwidth on the net at times (email spam alone is 80% of email traffic). Well, ISPs pay a rate based on the amount of traffic. Low traffic means higher costs. Prorated. And if the spam isn't viral (trojan, worm...), its really harmless...to the ISP (well, not to the sysadmin or postmail...but he/she is their tool so..).

I just went through hell with an account at XO communications. Without much detail, (and since they are #5 on the spam ISP list) we were hosted by them. Then blocked by Comcast (ha!) due to a range of IPs being blacklisted (ours in that block) because a spammer uses their hosting. And still does. So comforting to know.

Anyone recommend a reliable ISP and voice services company?

Vvian Kalyss
join:2003-10-14
Stage 5.0

Vvian Kalyss

Member

Re: ironic...

Yep, I've read other threads here and there where some minion from the ISP confides that they're not gonna touch those account because it makes them money.

newview
Ex .. Ex .. Exactly
Premium Member
join:2001-10-01
Parsonsburg, MD

1 recommendation

newview

Premium Member

The Judgement

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ROBERT H. BRAVER, )
)
Plaintiff,
v. ) Case No.: CIV-05-210-T
)
NEWPORT INTERNET MARKETING )
CORPORATION, and )
ROBERT ALAN SOLOWAY,
Defendants. )
DEFAULT JUDGMENT AND PERMANENT INJUNCTION
STATEMENT OF FACTS
Pending before the Court is Plaintiff Robert H. Braver’s (Braver) Motion for Default
Judgment.

PDF: »www.mortgagespam.com/sol ··· y/19.pdf

Also . . . am interesting exchange in news.admin.net-abuse.email in which Robert Soloway shows up to "set the record straight".
»groups.google.com/group/ ··· 1b1af2ff