“The King” Goes to Jail
Thursday, May 31st, 2007Today news reports noted that a major player in the world of spam has been indicted in Seattle for his activities, which included “mail fraud, identity theft, fraud, and money laundering.” Robert Alan Soloway’s Newport Internet Marketing Corporation “advertised a mass e-mail service that sent messages to an opt-in list of addresses, but didn’t actually use such a permission-based list” according to an article on Yahoo’s tech site.
One down, thousands to go.
One of the worst aspects of Solway’s activities is that they often involved the use of legitimate, but hijacked email addresses. In an effort to avoid spam filters that were intelligent enough to detect invalid domains, or those known to be used for spam activities, Newport Internet Marketing harvested in-use addresses from the Web, then used them in the “from” address field in spam messages. As a result, many innocent users across the Web were accused of sending spam, and were often blacklisted by ISPs that make use of automatic detection rules when choosing whether to reject mail messages. This is tantamount to using someone else’s return address on envelopes when sending death threats or extortion letters via the USPS. In the non-email world this is a pretty serious crime, but I’d be willing to bet there’s no statute on the books yet that covers electronic mail message forgery.
I also suspect legal loopholes that allow spammers to forge addresses without fear of prosecution will change in the near future, as more spam operations are tracked down and their owners indicted. Cyber law is becoming a major issue as Web use becomes more ubiquitous – especially as government officials in the US and elsewhere become more conversant with problems the online community has been aware of for years.
In this case, Solway also is alleged to have violated laws that are already on the books, which is probably one of the reasons he was chosen for prosecution. The Yahoo article notes that “[Solway's company] also sold software products that customers could use themselves to send out mass e-mails. However, the product often didn’t work and if it did, it sent e-mails using forged headers. He also failed to offer promised support services, according to the court documents.” Here we have fraud, breach of contract, and other common white collar crimes that should be relatively easy to prove, even though in some cases the software itself was sold with the intent of offering illegal services (e.g. the creation and sending of spam).
Interestingly, the accused is liable for over $750,000 dollars worth of damages; apparently this is the amount of money he made via his illegal activities. Not only will he lose (potentially) everything he’s made since 2003, but he’ll probably also rack up a hefty legal bill while defending himself.
My advice to the man: plead guilty, pay back the money, and face the time. Maybe he can teach PC skills to his fellow inmates while incarcerated.