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July 16, 2008 7:17 AM PDT

NY spammer hit with 30-month prison sentence

by Dawn Kawamoto
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A federal court on Tuesday sentenced a New York man to a 30-month prison term for sending unsolicited marketing e-mail to 1.2 million AOL subscribers, according to a Reuters report.

The court ordered Adam Vitale, 27, to also pay restitution of $180,000 to the Time Warner unit for violating federal antispam laws.

In 2005, Brooklyn resident Vitale and another man, Todd Moeller of New Jersey, cut a deal with a government informant to send junk e-mails that advertised a security computer program to nearly 1.3 million AOL subscriber addresses. Under that deal, the two men were to receive 50 percent of the product's proceeds.

The two men avoided detection of AOL's spam filter system through the use of several servers to relay and change the e-mail header information.

Moeller was sentenced to 27 months in jail last November.

Dawn Kawamoto covers enterprise security and financial news relating to technology for CNET News. E-mail Dawn.
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by mpitogo July 16, 2008 8:38 AM PDT
"In 2005, Brooklyn resident Vitale and another man, Todd Moeller of New Jersey, cut a deal with a government informant to send junk e-mails"

Isn't that illegal, its called entrapment?
Reply to this comment
by UITD July 16, 2008 10:19 AM PDT
Really? If someone comes up to you and asks you to purchase cocaine, its OK if he's not a cop (call it a transaction) and its NOT OK if he is (call it entrapment)?

I call it, he got caught. Period. We need to stop acting like you - pandering to CRIMINALS and start prosecuting these jackasses more. He's lucky he got 30 months. He should have gotten 5 years.

I just dont get it. Stop making excuses for people who BREAK LAWS.
by Kev Orng July 16, 2008 8:39 AM PDT
Can I get his email address?
Reply to this comment
by humanssssss July 16, 2008 9:05 AM PDT
He blocked every email. Only the ones that pay him will be read.
by Kev Orng July 16, 2008 9:18 AM PDT
@humansssss
Well, then, I guess neither of you will get the joke!
by ballssalty July 16, 2008 8:45 AM PDT
He became an informant. In other words he ratted out Vitale and Moeller to the feds after they did the spamming.
Reply to this comment
by humanssssss July 16, 2008 9:13 AM PDT
People are stewpid. Every time there's a problem, they always run to the government to create new laws. People want to receive email yet they don't want to receive email. When a person goes on the Internet that shouldn't have the right to prosecute others for sending them email because it is not the right the person to dictate what the other send. It's the individual right whether to receive them.

If you don't like the email, you delete them. If don't like receiving email, block all email. If you like only receive email that you like, umm... isn't that what you NEED to decide for yourself? If that's the case, go get a program that would block all email except the ones you like. Or are you the type of people who hope someone you don't know will send you an email saying "you've won $4M". If you are those kind of people, you deserve to be spammed because that's exactly what you are asking for, you like to live in a wishful thinking world.

People should let the free market be. It will sort itself out. When people are so fustrated with spam, a program will be created to make spammers pay before the email gets into your inbox. Otherwise it will be trashed. Because you believe your time is valuable. The quality of spam will be a lot higher if people start charging to receive email. I'm doing it with my email, I let everyone know my email address.

People are stewpid.
Reply to this comment
by Gromit801 July 16, 2008 10:23 AM PDT
No, your post is "stewpid."

I PAY for my internet service and bandwidth, and unsolicited spam is the theft of my resources.

It costs me nothing if junk mail arrives in my mail box outside, and I can be sure that the only virus attached to those, is if the mailman has a cold that day.
by UITD July 16, 2008 10:25 AM PDT
Excuse me, but, if you send me email and I didnt ask you for that email then you have harassed me. There are no "new laws". Its harassment no matter which way you slice it.

How would you like it if this guy called you all day or knocked on your door all day, every day.

His a piece of crap and you can thank those who put him away that you dont have to "delete his crap emails" all day. Unless, that is, you have nothing better to do - which is what it seems like.

Oh, and the market will not sort itself out. CRIME is not a product or a commodity. Stop using phrases for the sake of using phrases. And, if you let everyone know what your email address is, then where is it? Wouldnt you like some spam today?

You're not fooling anyone. You'd be first in line to get the spammer locked up too.
by thelemurking July 16, 2008 1:22 PM PDT
Wow! I have read some retarded replies in my time, but WOW! Only a spammer would agree with you.

I'm sorry but I don't have time to constantly delete junk mail, add rules to spam filters for myself and the 75 people at work.

How about posting your email address and let's see if you take your own advice.
by Dalkorian July 16, 2008 3:30 PM PDT
Way to prove your own point trollssssss. "People are stewpid." Sometimes so much so that they can't spell "stupid". "I let everyone know my email address." Really now? You've posted twice at the time of my posting and others have asked you to put your money where your mouth is so to speak, yet you haven't backed up your own words with any actions. Until you do so, you are a retarded troll not worth anyone's time. Have you made it past the pre-tween stage yet? Prove you aren't just some 8 year old punk with a keyboard, you told us yourself that you let everyone know your email address, so post it here. Or go tell your mommy that you aren't ready for the real internet world yet and have her unplug your computer for you.
by sanenazok July 16, 2008 9:46 AM PDT
How interesting.

How about spammers compensating the companies on which they free ride? Spammers flood ISP and other e-mail servers to deliver their ads for NOTHIN' That's why there's a law out there since the market doesn't work when one side of the equation can use resources for free.

People like e-mail, just not spam.

How exactly do you charge people to receive their e-mail? You're just using gmail...Whatever.

Reply to this comment
by humanssssss July 16, 2008 10:49 AM PDT
@Gromit801

"Theft of resources ..." what you are paying more for the spammer's emails? If that's the case, you are fool. You tell your ISP if you pay more, you going to switch to another ISP who has paid email in place. The market will work itself out. Government only hinders the ability of the magic of the market.

and @UITD

Have you ever call a 1-900 number? Probably not because it costs you. The same is true if you call my number because before my phone rings, you will have to agree to a $0.50/min charge. If you don't, you hang up. Do you think telemarketer will call you anymore? Only the one who thinks your phone is worth it will pay you $0.50/min.

As for knocking on your door, you can put an entry fee to the door before the person knocks. Make it clear to the person entering that a $5.00 fee is required for you to knock on your private property. Do you think people will come and knock on your door? In fact, no one will ever come to your place except of course you're a club or something.

You people are pathetic.
Reply to this comment
by Seaspray0 July 16, 2008 11:49 AM PDT
Humansssss, We, the public, do pay more for our internet services because of spam. How? Roughly 80% of all email is spam. We, the public, have to pay for all the equipment needed to route, store, and deliver the spam to our inboxes (the ISP must charge higher service fees to the public to purchase and maintain it). And since we are paying for the routing, storing and delivery of email, we, the public, DO have a say in how it gets used. We have the right to apply rules. One of those rules is called the CAN-SPAM act and these guys violated it. We, the public, are the market and we worked it out so that these guys go to jail.

We're not so pathetic after all.
Reply to this comment
by Dark0ne July 16, 2008 12:47 PM PDT
@ humanssssss

1) Tell you what troll, go ahead and post your email addresses and phone numberes here, and lets see how long it is before someone finds a way to inundate your with crap.
2) I didn't see your email address in either of your post , so you must be talking out of your @$$ about giving your email address to everybody. Ditto for your phone number.
Reply to this comment
by fokkwp July 16, 2008 1:09 PM PDT
If a government informant had sold a terrorist a grenade launcher in a sting operation, that terrorist would never have been allowed to use the grenade launcher. That's the point - shooting people with grenade launchers is a bad idea (unless you don't like them) so the sting is set up to prevent it. But in this case, the informant not only sold the list, but let the guy do the spamming, it seems. How can you claim spamming is worth 30 months in jail, when the government deliberately set up and allowed the spamming to happen?
Reply to this comment
by thelemurking July 16, 2008 1:23 PM PDT
I can only hope that someone spams him in the shower with some anal rape.
Reply to this comment
by Perry_Clease July 16, 2008 3:29 PM PDT
He was a pain in the ass himself, but I wouldn't wish rape on anyone.
by mikekrause July 16, 2008 3:31 PM PDT
Rot in jail dude.
Reply to this comment
by MythicalMe July 17, 2008 10:28 AM PDT
People want e-mail to communicate with friends, family, associates and business partners. Advertisers have ruined that experience by overwhelming users and rather than adjusting their practices they've invited backlash. Frankly, I'm doing everything in my power to reduce the amount of advertising that I'm exposed to. I don't want to open my in-box and spend hours wading through the crap that spammers send without invitation.

Tell you what, give me your phone number and let me call you about your virility and size of your manhood 500-600 times a day. How long would it be before you just quit answering the phone or employ some device to screen out the calls.
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