From: [email protected] (Don Black)
Date: Wed Jan 3 1995
Subj: RE: IS THIS A DEATH THREAT?
->From: Jeff Dranetz
->Date: Wed, 3 Jan 1996 11:41:11 -0500
->Subject: RE: IS THIS A DEATH THREAT?
->What is Curt Bolder’s email address, I’ll have a surprise for him in =
->his email box. I have devised a way to sign people up for 993 email =
->lists from Netcom with one simple email message. This should silence =
->Curt Bolder for a while.
Jeff, I know you don’t think these kind of juvenile games are illegal, but
I’m not so sure. Since many of us on this list have also been subject to
e-mail bombs, I’ve spent the last hour re-reading parts of the Electronic
Communications Privacy Act 0f 1986 and commentary on related statutes.
Though “spamming” isn’t mentioned, an ambitious federal prosecutor might be
able to claim spamming, regardless of the method used, constitutes malicious
destruction of data. I’m sure they wouldn’t go to the trouble, of course,
unless the defendant was someone they really wanted to make a case against…a
“hater,” for example. I spent two years in prison for violating the
Neutrality Act, a vague eighteenth century law which hadn’t previously been
invoked in fifty years.
If spamming is illegal, the penalty would presumably be determined by whether
or not the offense was conducted “for purposes of commercial advantage,
malicious destruction or damage, or private commercial gain.” In this case, “a
fine of not more that $250,000 or imprisonment for not more than one year, or
both, in the case of a first offense,” and “a fine or imprisonment for not
more that two years, or both, for a subsequent offense.” Otherwise, “a fine of
not more than $5,000 or imprisonment for not more than six months, or both.”
Keep in mind sentences can be stacked for each offense, and that anyone
discussing commission of any illegal act can also be charged with conspiracy,
regardless of whether the act was actually committed. That’d be another five
years. Not to worry, though, Jeff, I found federal prison a great learning
Since I’ve already “graduated,” though, and since others here may want to
remain “uneducated,” don’t post any more of this stuff on this list.
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