I’ve written quite a few columns lately about illegitimate anti-spammers getting shut down by the courts, but here is the other side of the picture. It seems that U.S. Prosecutors in Washington state have nailed one of the real bad guys; a genuine, hard core spammer. According to U.S. Prosecutors, he’s actually the "Spam King."
Robert Soloway, 27, was arrested in Seattle, after being indicted by a federal grand jury on charges of identity theft, money laundering, and mail, wire, and e-mail fraud. I haven’t yet seen that he’s specifically been charged with violation of the CAN-SPAM Act, but such charges can’t be far behind.
Soloway stands accused of the following:
Between November of 2003 and May of 2007 spamming tens of millions of e-mail messages to promote websites where his company, Newport Internet Marketing, sold products and services.
Regular change of IP addresses in order to evade identification. In 2006 he allegedly began registering them through Chinese ISPs, apparently to hide is identity.
Use of misleading "header" information to dupe people into opening the emails.
Use of "botnets," networks of computers, to disguise where e-mail originated.
Forging return addresses of real people or businesses
This is serious stuff, and if he ends up convicted on all charges, Soloway could get 65 years in prison, and a fine of $250K. And in case you’re wondering, I doubt they’ll provide him with Internet access while he’s there.
Additionally, prosecutors are seeking to seize over three quarters of a million dollars they say Soloway made from his illegal actions. In legal terms, we say they’re looking to "disgorge profits." However you say it, it’s painful.
Regardless of what happens, this is bound to be a long and difficult experience for Mr. Soloway. At 27 years old, he’s a fairly young man to be looking at a potential for 65 years in prison. I wonder if he’s questioning his career choices right now.
But really, it’s not his choice of career that is the problem for Mr. Soloway. As we all know, Internet marketing is a lucrative field when done correctly. Unfortunately, when the dollars get big, in many people’s minds, so does the gray area between right and wrong.
We’ll let the Courts decide if Mr. Soloway is guilty, and for now we should all presume his innocence. But if you ever get the chance to wander into the gray area between right and wrong, and especially if the payout looks big, don’t forget to think of Robert Soloway; a successful 27 year old entrepreneur, now dealing with the loss of all his success, money, and even his freedom.
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Come back to the iLegal column every week as we get specific about the rules, regulations, laws and trends that affect the online advertising industry. Each week we discuss important legal issues, talk about how to avoid the pitfalls, and cover the breaking legal and regulatory advertising industry news.
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