• by Paul Gough , December 15, 2003

For those of us who don't believe that criminal charges against spammers can stick, here's something to ponder from Virginia.

Last week, a Loudoun County, Va., grand jury indicted two North Carolina men on four felony charges of using fraudulent means to send illegal and unsolicited bulk email. The two were charged under Virginia's anti-spam law, which took effect July 1. It's believed to be the nation's first anti-spam arrests.

"Fraudulent means" include changing the header or routing information to prevent the receivers from contacting or knowing who sent them the spam, said Virginia Attorney Gen. Jerry Kilgore. A single charge is a class one misdemeanor, but it's a class six felony if one of the following conditions apply:

1. The volume of spam exceeds 10,000 in any 24-hour time period, 100,000 in a 30-day time period or one million over any single year.

2. Revenue generated from specific spam exceeds $1,000 or total revenue from all spam exceeds $50,000.

3. The defendant knowingly hires, employs, uses or permits any minor to assist in the transmission of spam.

The felony charges carry potential punishment of a one- to five-year prison term, a fine of up to $2,500 or both. With four counts, the two men's maximum penalty could run to 20 years in jail and $10,000 in fines each. There are asset forfeiture provisions as well.

Virginia charged the two North Carolina men because Kilgore said that a part of the alleged activity was conducted in the commonwealth of Virginia. The attorney general's office said that the spam was sent between July 11 and Aug. 9 through servers in Virginia. The spam was sent July 16, 19 and 26, and exceeded 10,000 messages during each 24-hour time period. The numbers are based on customer complaints received by Internet Service Providers.

Now, does the long arm of the commonwealth of Virginia extend beyond the United States? We'll find out.