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July 15, 2008

AOL spammer gets 30-month federal prison term

Though the sentencing of the so-called "Spam King" is still on-going (background here, update here), there is other spam sentencing news coming from the courts today.  As detailed in this piece, a "Brooklyn man was sentenced to more than two years in prison Tuesday after pleading guilty last year to sending unsolicited 'spam' emails to about 1.2 million subscribers of Time Warner Inc. America Online."  Here are more particulars:

At a hearing Tuesday, U.S. District Judge Denny Chin in Manhattan sentenced Adam Vitale to 30 months in prison, to be followed by three years supervised release. He also was ordered to pay restitution of more than $183,000 to AOL. "The spamming is serious criminal conduct," the judge said. "This is not a teenager engaging in child's play."

Vitale, 27 years old, pleaded guilty last year to conspiracy and two counts of violating anti-spam laws. He has been in federal custody since he was arrested on separate narcotics charges in New Jersey in August while free on bail. "Given the opportunity, I will never do anything like this again," Vitale said prior to sentencing. "I really am sorry."

Vitale had faced 24 months to 30 months in prison on the charges under a stipulated sentencing guidelines range as part of his plea agreement. However, prosecutors argued in court papers that Vitale should be sentenced to at least 30 months in prison, if not to a longer sentence, because of continued criminal conduct following his guilty plea in June 2006.

July 15, 2008 at 09:36 PM | Permalink

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Comments

He should be forced to make his e-mail address public, and be required to read every e-mail he receives for the next 30 months.

That would be real justice!

Posted by: Anne | Jul 16, 2008 10:42:44 PM

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