“Spam King” Has Jail Sentencing Postponed

Written by Carl E. Reid on September 2, 2008

This is a follow up on a breaking news story “Spam King Solaway Faces Jail Time” reported by successful freelance journalist, Sue Walsh.  Robert Soloway was scheduled to be sentenced on July 14.  At that time he faced 25 years in prison and over $300,000 in fines.

Judge Marsha Pechman apparently delayed the sentencing proceedings July 14, 2008.  At the end of the testimony, Judge Pechman scheduled another day of hearings on July 22.  The judge ruled she might be prepared to hand down a sentence at that time, but cautioned that she is struggling with a determination of an appropriate penalty.  “When I look at the guidelines, this crime doesn’t fit easily into slots,” Pechman said. She was referring to sentencing guidelines judges’ reference to determine sentences.

Judge Pechman alluded to comparing spam to environmental pollution. Although being objective as any judges must be, Pechman is obviously very removed from the real impact spam has on companies.

The government asked that Robert Soloway get 14 years.  While many people have struggled with the volumes of spam over the recent years, few people have been prosecuted for sending spam.  So Judge Pechman was having trouble deciding how Soloway or any spammer should pay.

Since few spam cases have ever reached federal courts, very few references are provided for judges to follow.  “These laws are not interpreted and ruled on widely in the U.S.,” said Aaron Kornblum, a senior attorney at Microsoft Corp. who attended parts of the hearing, referring to anti spam legislation.  “So as the first wave of spam cases move through the courts, it’s interesting to see their treatment.”

So there appears to be very few spam convictions that allow judges, the U. S. government or defense lawyers to do their job effectively.

Pechman wondered aloud if she should put a dollar figure on spam legal violations.  Judge Pechman further expressed how spam would have an impact on affected people who could have been more productive doing their regular jobs, if they were not otherwise engaged in dealing with spam.

Kornblum hopes that a sentence that includes jail time will have an effect on other spammers. “I hope it sends a message to those engaging in illegal activity,” he said.

About Carl E. Reid

Developing his career from the mail room to the board room, Carl E. Reid has achieved success by skillfully blending 40 years of technology and business intelligence experience with his passion for helping companies succeed. Carl is founder and CEO of NetTECH Systems Reid & Associates, Inc., an emerging technology consulting company located in the New York City area. One of his specialties is 15 years as a collaboration and email infrastructure consultant. He has implemented and supported Lotus Notes/Domino and other types of SMTP gateway/network configurations in small to large global companies up to 33,000 employees. Some of his clients have included IBM, Citi, JPMChase, Oxygen, LVMH - Moet Hennessy, MeadWestvaco, non-profits and professional organizations. Carl is a Savvy Business Owner, Public Speaker and Author. His articles have appeared in Network World, Computer Monthly magazines and hundreds of web sites. Combining business technology consulting with professional blogging, Carl specializes in advising clients how to best leverage the Internet as a tool for high impact visibility. Carl's speaking style combines humor with expertise, and his advice is always down-to-earth and practical. He personally publishes Library of Congress recognized newsletter blog, http://www.SavvyIntrapreneur.com and http://www.iTechSpeak.com. Carl wrote the original "Professional Blogger Job Description", being used as standard document within companies. As a business career coach, Carl teaches professionals how to run their career as a profitable business.
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