New law signed puts AOL spammers in the slammer

[Brian]

New Virginia State Law Means That Spamming AOL Members May Result in Criminal Penalties - Jail Time - For Spammers

America Online Hails News VA Anti-Spam Law - Strongest in the Nation

VA Governor, VA Attorney General, Internet Industry Leaders Gather at AOL HQ to Unveil New Anti-Spam Law

DULLES, VA - Tuesday, April 29, 2003 - In an important new chapter in the fight against spam, America Online joined with Virginia lawmakers and Internet industry leaders to unveil a much-needed, timely new weapon in the war against spammers: a strengthened state law that allows for the criminal prosecution of spammers with penalties that include jail time, asset forfeiture, and fines.

The unveiling of the new state law comes on the eve of the first-ever Federal Trade Commission (FTC) forum on spam, to be held in Washington, D.C. April 30-May 2.

The new anti-spam statute (SB 1139/HB 2290) now gives law enforcement the ability to bring felony-level prosecutions against spammers who use AOL's Virginia-based email servers to send spam to AOL members in violation of Virginia?s Computer Crimes Act. Other companies whose email servers are located or based in Virginia - such as Verizon, RoadRunner, and UUnet - will be able to benefit from the tough anti-spam provisions of the new law and also refer cases for criminal prosecution.

This new law means that those responsible for sending the worst, most egregious and fraudulent kinds of spam can now face tougher penalties than ever before. The kinds of actions that can now trigger such penalties, according to the new law, include: forging email header and routing information; sending huge volumes of bulk emails; generating substantial monetary proceeds from spamming; and employing a minor to be an affiliate in the spamming process.

The new statute also reinforces and strengthens pre-existing civil and monetary penalties for spamming. AOL has successfully used existing Virginia law to file numerous spam-related lawsuits against over 100 individuals and corporations, resulting in civil penalties, millions of dollars in monetary damages, and court injunctions to stop spam. Just recently, on April 15th, AOL announced a continuation of its anti-spam litigation strategy by filing five separate lawsuits against spammers in Federal court.

Violations under the new Virginia law involving prohibited spamming activity could result in the following: a Class 6 felony in Virginia that carries a prison term of between one and five years; monetary fines; and authorization for law enforcement to seize all profits, computer equipment and property connected with the spamming crime.

Virginia's Governor, Mark R. Warner, led the bill-signing event at America Online's corporate headquarters in Dulles, VA - surrounded by hundreds of AOL employees and industry representatives. Also attending in support of the new law were Virginia Attorney General Jerry Kilgore, who has enforcement authority for the new spam law; State Representative and House sponsor Jeannemarie Devolites; Robert W. Woltz, Jr., President, Verizon Virginia; and Bobbie Kilberg, President of the Northern Virginia Technology Council.

AOL worked hand-in-hand since last year with industry leaders, Virginia's state leadership, and supportive Internet organizations to collaborate on the anti-spam bill's inception and its eventual adoption by the Virginia Legislature on April 2nd. With the Governor's signature, this will become state law on July 1st. AOL has also provided critical leadership on earlier landmark Virginia anti-spam laws, such as the Virginia Computer Crimes Act (Va. Code Ann. §18.2-152.2 et seq.) as well as those in other states.

The tough, new anti-spam provisions of the Virginia Computer Crimes Act are a timely and necessary deterrent to those responsible for sending the ever-increasing torrent of unwanted junk mail. AOL supports the strong penalties provided for under Virginia's law as a model for other state and federal legislation that can provide real "teeth" in the effort to combat the fraudulent and evasive email transmission techniques used by the most egregious spammers.

For AOL members, the new Virginia spam law is significant because it will further help AOL and law enforcement work cooperatively to hold accountable those spammers who attempt every day to circumvent AOL email filters to get unwanted, offensive junk email through to members.

"AOL continues to lead the way in the fight against spam by collaborating with its members, its industry colleagues, and with key state leaders to make critical advances against spammers," said Ted Leonsis, Vice Chair and President, AOL Core Service, America Online. "We laid out a comprehensive spam-fighting agenda to our members in February - and, more than 60 days later - we're hitting hard on all cylinders to make a positive difference for our members against spam. We salute Virginia for continued leadership on tough anti-spam laws that benefit our members and the entire online industry here."

"This law will help us do more than just "can the spam"; it will allow law enforcement to hammer the spammers with the toughest criminal penalties of any state. It's high-noon for junk mailers, and its time to let law enforcement take them from behind their computer screens and put them behind bars," Leonsis said.

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