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Comments on news posted 2005-04-12 09:05:06: Techdirt and Betanews discuss how some believe the nine year prison sentence given spammer Jeremy Jaynes went overboard, and was not commensurate with the crime. ..

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griff1013
join:2002-01-10
Virginia Beach, VA

griff1013

Member

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???

Tomek
Premium Member
join:2002-01-30
Valley Stream, NY

Tomek

Premium Member

American Justice system

To tell you the truth, American Justice system always surprises me. Recently I learned how skillfull lawyers present innocent victim as a criminal, only because they found some silly illogical law.
I don't think 9 years is too much, but they could give him restraining order on electronic devices for 10 years, 10000 community service. Fine=(Total Worth x2) and on top of that give only 2 years of dating with Bubba. That would be betiter.

Why Justice System amazes me. Criminals, like murderers, child molesters sometimes get less.
Cyron
join:2002-09-24
Charlotte, NC

Cyron to griff1013

Member

to griff1013

Re: Are you kidding me???

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.

technick
Premium Member
join:2000-12-16
Wheat Ridge, CO

technick to griff1013

Premium Member

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.

alg
Passionately apathetic
Premium Member
join:2001-04-10
Houston, TX

alg

Premium Member

...

Just don't drop the soap Jeremy.

ColdFiltered
join:2005-01-25
Atlanta, GA

ColdFiltered

Member

Double the length and make it hard labor!

Then I might consider anything beyond that a little harsh. But he got of easy. We should offer him options: we could remove a certain appendage from his body as a trade-in for a shorter sentence.

FFH5
Premium Member
join:2002-03-03
Tavistock NJ

FFH5 to griff1013

Premium Member

to griff1013

Re: Are you kidding me???

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.
Mizfit
join:2002-06-05
Whitehall, PA

Mizfit

Member

Techdirt and Betanews are obviously girly men.

I say, the sentence was too lax. How many people were scam'ed by that piece of scum? 9 years sounds like a cake walk for an obvious man lover like Mrs Jaynes... Death penalty!!!

captokita
Premium Member
join:2005-02-22
Calabash, NC

captokita

Premium Member

Too harsh?

Problem #1 is it's new territory......

How many people did this guy steal money from? He ought to pay for every email he sent out. Once he gets out from however long he's locked up, if at all, he'll go right back to it. This time he'll get a place in China, or Russia to run his spam/scam operation.

"So what has this taught you Mr. Spammer?"
"That spam is wrong..... and I'm sorry I did it."
-Heh, morons, all I learned was to cover my tracks a lot better, so I'll set up shop somewhere else. Hell, I'll live in the US and HIRE someone in China to run my spams, and just cash in on it from a private offshore acct.-

Fluker
join:2005-04-07
West Lafayette, IN

Fluker to Cyron

Member

to Cyron

Re: Are you kidding me???

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!)
lefty1
join:2002-10-25
Clay, NY

lefty1

Member

Sentence

Only 9 years? Seriously, I have no pity for him, even if the sentence had been 20 years. But I do think he should also have been fined an amount equal to any and all damages caused by his spam, including inconvenience and time. He couldn't pay it? So what; let him spend the rest of his life trying.

Criminal behavior has consequences, and the perpetrator should bear all of them.
Tono
join:2002-01-15
Glendale, AZ

Tono

Member

An eye for an eye

I think the 9 years is a bit much, and I do like th idea of a long probation, but with a twist...

in addition to a 1-2 year in prisons sentance, he shoudl get a very long probation period with community service.

His community service should be sifting through the thousands of spam messages everyday recieved by the poeple in his community. Each day there would 2-3 messages he must find in the pile of spam. For each day he misses one of those of those hidden messages, the DOJ would tack-on another day of probation

Now, that would be an eye-for-an-eye....

Tono...

Lucky2
@dsl.irvnca.pacbell.n

Lucky2

Anon

He did very well

Sentence will be reduced to 4-5 years with good behavior so $24 mil gain, he's getting to keep ~ $ 5 mil/year while the tax payers support him. Mike Milkin did better, took $2 billion gave back $1 billion and served 2 years. White collar crime pays very well, only the the masses suffer.
pstation
Premium Member
join:2003-06-23
Indianapolis, IN

pstation

Premium Member

Let's not forget...

The guy is receiving a sentence this harsh because he was scamming people.

TechyDad
Premium Member
join:2001-07-13
USA

TechyDad to Tono

Premium Member

to Tono

Re: An eye for an eye

I've said this before and like this idea. Except that I'm not sure I'd want a convicted spammer reading my e-mail. (I wouldn't want anyone reading my e-mail except me -- and possibly my wife -- but especially not a spammer!)

Perhaps we could set up a dummy account, wait for the spammers to flood it with spam, and send 1 or 2 valid messages to it each day. If he finds the valid ones, he's successfully completed one day of probation. If not, that day doesn't count towards the completion of his probation. Oh, and he wouldn't be allowed to use any spam filtering tools to help himself. Just plain old Outlook Express on a Windows XP machine.

qdemn7
Smurf in My Loop
Premium Member
join:2003-09-16
Fort Worth, TX

qdemn7 to Lucky2

Premium Member

to Lucky2

Re: He did very well

Putting him in the slammer doesn't rally accomplish anything. He'll probably sit in the slammer and brood on his revenge.

Personally, I think he should be strung up on a post in a public square and given 100 lashes. I think that would get the point across much, much better. Then let him pick ups trash on highways for 2 years. That would really be doing some concrete good.

I'm quite serious about this. Not joking in the slightest.

exocet_cm
Writing
Premium Member
join:2003-03-23
Brooklyn, NY

exocet_cm

Premium Member

Blah blah blah

People (including myself) bi*ch and moan about spammers etc not being put in jail or punished, whatever.

Then as SOON as somebody gets a 9 year sentance, people (not including myself) start to bi*ch and moan about their sentance being too harsh.

Voyager2K2
join:2001-10-04
Wayne, PA

Voyager2K2

Member

New Sentencing Guidelines for Spammer/Scammers

Uh let's see.
Public flogging, that's good.
ALL assets seized, that's gotta happen to be fair.
2 years in the big house with possibility of parole.
Now for the scamming part.
Has to work 20 hours/week in a county home emptying bed pans or changing Depends for 5 years.
Can't get near the Internet for life. He so abused it he can never be trusted.
He has to wear one of those ankle things for 5 years because Martha made them so fashionable.

What did I forget?

W8ASA
Biet Noi Tieng Viet Khong?
join:2000-07-31
Dayton, OH

W8ASA to captokita

Member

to captokita

Private Offshore Account?

Those offshore accounts are becoming less and less private with each passing day. There will come a time when a government will have complete access to all transactions to and from its country, because of the huge tax losses it knows it's incurring. No question about that. To say that some guy in China will just run his operation for him is naive. That guy in China (or wherever) would eventually figure out how to run the scam operation himself, or skim the profits. After all, there really is no honor among thieves.
Kearnstd
Space Elf
Premium Member
join:2002-01-22
Mullica Hill, NJ

Kearnstd to griff1013

Premium Member

to griff1013

Re: Are you kidding me???

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)

Voyager2K2
join:2001-10-04
Wayne, PA

Voyager2K2

Member

Dude!
You friends with Taylor the Troll?

Captain Obvious
@gambrl01.md.comcast.

Captain Obvious to pstation

Anon

to pstation

Re: Let's not forget...

Exactly! I'm glad someone finally pointed that out. The guy didn't get nailed for spamming - he got nailed for running cons.

Personally, although I absolutely loathe spammers, and hope Satan is setting up a special, cozy corner of hell just for them, I don't think spamming should be criminalized. Damn, too many things are already criminalized that shouldn't be. Civil liabilities are fine, but why the hell should the taxpayer have to give spammers 3 hots and a cot, which serves no one?

Of course, I think jail should be treated like a quarantine anyway. After all, most prisoners learn more about how to commit crime while in jail than out.

captokita
Premium Member
join:2005-02-22
Calabash, NC

captokita to W8ASA

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to W8ASA

Re: Private Offshore Account?

The point I was making was that no matter what he gets as a sentance, he'll most likely just go right back to it as soon as he's out. Whether he's in physical comtrol of the operation, or running it remotely. That's not being naive, it's being realistic. The $$$ is too good to give up.

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

footballdude to Cyron

Premium Member

to Cyron

Re: Are you kidding me???

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.

TScheisskopf
World News Trust
join:2005-02-13
Belvidere, NJ

TScheisskopf to griff1013

Member

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.
dflynn
Continental Op
Premium Member
join:2004-02-09
Chesterfield, MO

dflynn

Premium Member

9 years too harsh, I don't think so..

No I don't think 9 years is too harsh,In fact, I think it doesn't go far enough:

This would be better:

9 FULL YEARS in a supermax prison (say good-by to daylight)

Forfeiture of ALL profits and property (crime, there is no profit in it).

Allowed only to read Microsoft and/or AOL EULAs while doing time.

Now that harsh...

Hangthescumbag
@taylor01.mi.comcast.

Hangthescumbag

Anon

The punishment should fit the crime...

Give the SCUMBAG 20 YEARS not 9 !!!

For those who think SPAM is just an "inconvenience",you fail to comprehend the cost to everyone involved. This SCUMBAG sent out 10 Million SPAMs per day and netted $500,000-$750,000 per month. He should be publicly stoned to death IMNHO, but I'll cut him some slack and agree on 20 years in prison plus loss of ALL ASSETS, payment for his incarceration and prosecution and appeals - ALL that tax payers end up paying for, for HIS crimes. He should also be made to pay retribution to every person and company he SPAMMED of no less then $100 Million total.

Dryvlyne
Far Beyond Driven
Premium Member
join:2004-08-30
Newark, OH

Dryvlyne

Premium Member

What's the big deal...

It is not like he is going to serve the full 9 yrs. anyway. He will be parolled in half that time. He should have all of his "ill-gotten gains" taken from him though. The biggest injustice is that he will eventually get to go home to a huge mansion and the like.

On another note, critics say that his sentence is on par with violent crime... well perhaps the sentences should be raised for violent crimes then Does it really take a genious to figure out that current sentencing guidelines are often very lax in this country (U.S.) when it comes to violent crimes. I don't know how many times I have read or seen on the news that a violent criminal is parolled early or that their sentence is on the "lower end of the scale" just for them to get out and commit a similar type of crime again!
dave
Premium Member
join:2000-05-04
not in ohio

dave to Tomek

Premium Member

to Tomek

Re: American Justice system

Well, that's the thing, isn't it? Punishments ought to be appropriate relative to other offences.

How much jail time does, say, a drunk driver get who kills 2 pedestrians? More than 9 years?

I have a hard time thinking that any amount of spam is worse than killing someone (I'm obviously a liberal, I rate crimes against the person as worse than crimes against property ), even though I personally suffer a lot from spam but have not known of any drunk-driver-caused death or injury.

Now, granted, he did scam people, and although it was likely for smallish amounts, he apparently scammed a lot of people, so that has to count for something. How exactly do we want the calculus of punishment to work?

So I really have no way to decide if this was "too harsh".

(I take it as self-evident that all his ill-gotten gains should be confiscated and, if feasible, returned to the victims).

Camelot One
MVM
join:2001-11-21
Greenwood, IN

Camelot One to Cyron

MVM

to Cyron

Re: Are you kidding me???

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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