[ale] first "spammer" gets arrested?

[ChangingLINKS.com]

seen on http://www.internetnews.com/xSP/article.php/2206311
Side note: Personally, I am not thinking that this case has much to do with 
spam. Spam was just the media used for fraud. For the past few days ale 
members have been looking for a claim of damages related to "bandwidth use."  
Below, Earthlink claims a loss of $1 million in bandwidth use.

--  May 14, 2003
'Buffalo Spammer' Arrested
By Ryan Naraine

Howard Carmack, the notorious 'Buffalo Spammer' accused of sending more than 
825 million unsolicited e-mails from illegal EarthLink (Quote, Company Info) 
accounts, has been arrested and arraigned in New York on four felony and two 
misdemeanor counts.

New York Attorney General Eliot Spitzer heralded the case as the first 
criminal prosecution of a spammer under New York's six-month-old 
identity-theft statute. "Spammers who forge documents and steal the identity 
of others to create their e-mail traffic will be prosecuted," Spitzer said at 
a press conference.

Spitzer lauded the cooperation of Earthlink in aiding the year-long 
investigation the resulted in the arrest of Carmack outside his upstate New 
York home.

The arrest of Carmack came just a week after the Atlanta-based ISP won a $16 
million judgment against a spam ring he allegedly operated.

Carmack is accused of stealing credit cards and identities to fraudulently buy 
343 Earhtnlink accounts to send shady and unwanted e-mail for such things as 
herbal therapy. Prosecutors said they do not yet know how he acquired the 
credit card information. He is also accused of banking fraud and other 
illegal activities arising from his spam operation, which authorities believe 
he operated on his own.
Spitzer said Carmack's spam cost Earthlink at least $1 million in bandwidth 
charges, although prosecutors believe he made little money from his 
endeavors.

"He is a predicate felon and he's somebody we believe could face jail time if 
convicted," Spitzer said.

EarthLink VP of law and public policy Dave Baker applauded the decision by the 
N.Y. attorney general's office to arrest Carmack. "Howard Carmack's arrest 
demonstrates that spamming has both civil and criminal consequences. Simply 
put, spammers who brazenly disregard the law will wind up in jail," Baker 
said in a statement.

After a year-long investigation, EarthLink filed suit against Carmack, 
alleging that his crew sent out millions of e-mails that included 
advertisements for computer virus scripts, get-rich-quick and "work at home" 
schemes, software for bulk mailing and lists of addresses to be used by other 
spammers.

He was accused of assuming the identities of his own family members and 
innocent third-parties to obscure his own identity.

EarthLink has a history of anti-spam success stories, including an injunction 
in 1997 against Sanford Wallace, then known as "most prolific spammer."

Brian Morrissey contributed to this story.


Wishing you Happiness, Joy and Laughter,
Drew Brown
http://www.ChangingLINKS.com
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