"Buffalo Spammer" Gets 3.5 to 7 Years 671
jfruhlinger writes "Howard Carmak, aka the 'Buffalo spammer,' has been sentenced to jail time for his spamming activities. Interestingly, the conviction was not for spamming per se, but rather stealing someone's identity, which he then used to launch his spam messages."
3.5-7 Seems a little light (Score:5, Insightful)
From the article:
The jail sentence is the maximum allowed under the law, due to Carmack's prior felony conviction for fraud in a federal case involving fake money orders, McCarthy said.
7 years is the maximum for identity theft? That actually seems a little light. I would think they'd lock him away for 15-20 for something like that. Theft + potentially ruining someone else's credit and/or reputation.
Re:3.5-7 Seems a little light (Score:5, Insightful)
Re:3.5-7 Seems a little light (Score:3, Insightful)
Don't get me wrong; the man's a scumsac and a general nutcocker. But even so, he's a person with irreplaceable years of life, who can reform as we should hope anyone can. Financial judgments against him could have chased him for decades, which seems sufficient punishment.
Italy is seeking to jail MP3
Re:3.5-7 Seems a little light (Score:5, Insightful)
Re:Victimless Crime? (Score:3, Informative)
Re:Victimless Crime? (Score:5, Insightful)
Let's say two gay men have anal sex. Where's the victim? Yet, untill recently, that was illegal in Texas. Many states have had anti-masterbation laws in the past as well. Where's the victim there?
People just like screwing up other people's lives for the hell of it.
Re:3.5-7 Seems a little light (Score:5, Interesting)
It looks like he got fined as well as jailtime. Good thing, because he probably made enough to live the rest of his life on.
1. Spam.
2. Profit.
3. If you're unlucky (probably less than 1% of spammers), get locked up for 4 years.
4. Retire to a mansion on the beach.
Sounds like a good deal to me.
Aggregate costs (Score:3, Insightful)
It is nice to meet a compassionate individual here on slashdot but keep in mind how many aggregate "irreplaceable years of life" this scumbag cost others in filling up people's inbox with junk or having to spend time setting up filters, etc. !
So it would seem fair... (Score:3, Insightful)
Sentencing suggestion (Score:5, Funny)
>7 years is the maximum for identity theft? That actually seems a little light.
How about seven years and the victims get to pick his cellmate?Re:Sentencing suggestion (Score:5, Funny)
>
> How about seven years and the victims get to pick his cellmate?
How about three years... but he has to opt out of every ass-raping.
Of course, if he gets out in three years and claims that it wasn't rape, his cellmates can claim that he opted in anyways, and just forgot about it.
Re:3.5-7 Seems a little light (Score:5, Insightful)
This is extremely ignorant. The guy is an identity theif. How in the hell is denying him credit going to encourage him to stop using fraudulent identification?
"You won't give me a credit card? Fine. I have tons of experience acquiring them from people who already have them."
Great solution.
It serves him right.... (Score:5, Funny)
Hurrah for Erie County! (Score:4, Informative)
And from another article ...
But your honor, I was trying to run an HONEST business of stealing peopele's time and identitiy! Now I'll have to go back to mail fraud!
I hope he enjoys his term in state pound-me-up-the-ass prison. This is the only thing that will curtail the (domestic) spam problem. Harsh, painful prison sentences.
They actually don't need to be that harsh (Score:5, Insightful)
Most spammers will then quit. These aren't hardened, fear nothing, criminals we are talking about, they are sleazy bussiness men that see this as an easy, low risk way to make a buck. Show them it's not low risk, most of them will knock it off.
There will still be some, of course, there is always somebody stupid enough to try something, but I think it can be kept to a minimum, in the US at least (which is where the majority of it starts anyhow).
They also need to prosecute... (Score:5, Insightful)
Re:They also need to prosecute... (Score:3, Interesting)
Hell, let Bayer sue spammers for infingement on Cialis.
I think that inaction on the spammer trademark front shows which corporate interests are behind at least part of our spam and virus/worm problems.
shall we start taking in a collection? (Score:4, Insightful)
Re:shall we start taking in a collection? (Score:5, Insightful)
Are you people seriously telling me, that a suitable punishment for spamming is being fucked up the arse?
since you asked... (Score:5, Funny)
Why, yes.
Re:since you asked... (Score:5, Funny)
Buff-alo Spa1mme&r, in_crease your anus now!#G (Score:4, Funny)
Re:shall we start taking in a collection? (Score:3, Insightful)
No. Not unless it's with a red-hot steel rod lined with sharp barbs.
Re:shall we start taking in a collection? (Score:5, Insightful)
I'm with you. I don't think it's funny and I don't think anyone deserves that.
Even if you do think that some criminals deserve it, what about the tens of thousands of innocent people who were wrongly convicted and ended up in prison?
Re:shall we start taking in a collection? (Score:4, Funny)
He can always tell his cellmate that he wants to "opt out".
Re:shall we start taking in a collection? (Score:3, Insightful)
A lot of that talk is frustration. Our constitution forbids cruel and unusual punishment. Unfortunately, many judges have interpreted that as forbiding any real punishment. Why else do so many keep going back to jail again and again?
China has a much lower prison population than the US, both in total number and in prisoners per 100,000 people (China: 119/100K, US: 701/100K; figures from http://ww [kcl.ac.uk]
Re:shall we start taking in a collection? (Score:3, Insightful)
No, that's not what I'm saying. A crime is still a crime, even if occurs within a prison. However, if that's the best justice a victim can hope for, many will take it happily. Hence the posts. In a perfect world, this wouldn't be needed, but
Will be spamming his appeal... (Score:5, Funny)
My advice... (Score:2)
Sorry couldn't resist.
Good... (Score:5, Insightful)
Should be this way more often, arrest spammers for using machines they have no proper access to, not for just for spamming.
Re:Good... (Score:5, Insightful)
Re:Good... (Score:5, Informative)
Worse than that, you don't get writedowns... (Score:3, Informative)
Bye bye, Howard, it's been fun reading about you. (Score:5, Insightful)
Nah nah... nah nah nah nah... hey hey hey... good-BYE!
When I read that Howard Carmack told Earthlink, "Nothing is in my name, so you'll never catch me," all I could think was, you arrogant, silly man. These are government agents and corporate attorneys that you're up against. You're an overweight criminal in his mid-30s who lives in a shack in Buffalo. I think they're gonna catch you, and right quick.
Sure enough, they did. In addition to his prison time, Carmack has a multi-million-dollar judgment against him from Earthlink for his misuse of their network.
Have fun in prison, Howard!
Re:Bye bye, Howard, it's been fun reading about yo (Score:5, Funny)
-B
Finally he'll stop sending... (Score:3, Funny)
How they got Capone as well (Score:2)
It's a shame that he didn't get nailed for spam (Score:2)
That reminds me... (Score:2)
A cracker was convicted in Canada in the 80s of "stealing electricity" instead of breaking into a computer.
conviction time (Score:3, Insightful)
Hopefully this implies that the government is realizing that most spammers are already criminals, email is just a new venue to commit the fraud.
I realize (Score:2)
Or at least I hope. No Spam is good.
nice precedent (Score:3)
Whatever it takes... (Score:5, Insightful)
SPF is a good idea, I get tired of that checklist that says why your idea won't work. It's pedantic and discourages good ideas from being discussed.
If SPAM is allowed to thrive offshore, I see a time when service providers like AT&T are asked to track SMTP and provide governments the figures for - you guessed it - tariffs.
Cellmate (Score:4, Funny)
Re:Cellmate (Score:4, Funny)
Re:This just in... (Score:3, Funny)
>
> Hmmm.
"Hmmm", indeed.
How the fuck would a prosecutor find a jury that would convict?
Shouldn't they have... (Score:5, Funny)
Shouldn't they have executed him like they do virus writers? [slashdot.org]
So saying that spammer get jail time.. (Score:2)
Umm (Score:2)
Bravo everyone! We all had a part in this. (Score:5, Interesting)
These days, it's a truth that most spammers have to break other laws to try to get their spam out. It's not like the old days of open relays and a trusting email network. Now, we have worm exploits, stolen identities, account phishing, hacked boxes...the list goes on and on.
We can pat ourselves on the back here, I think. Now that we're as a community becoming aware of the spam problem and doing something about it (like closing down open relays and blocking those who don't), spammers now have to break other laws to get their crap through.
And that makes them targets for prosecution. So, let's all give ourselves a round of applause here. If you closed an open relay, or wiped out a worm, you contributed to this!
Let's all keep up the good work.
Weaselmancer
Good (Score:3, Insightful)
But I have mixed feelings on this. If it was 3.5-7 for spamming, I would certainly say that is appropriate, but for identity theft? This is something that RUINS peoples lives. In a lot of cases, the vitims propogate their anguish to loved ones etc... and some even go as far as committing suicide. Actually, it stinks of the same horror as rape... you come out the other side ruined and broken... and 7 years isnt sufficient.
I personally believe we need to get things back in perspective. If you destroy someones life, whether physically, or otherwise, you should lose yours. You arent fit for our society. BURN.
Re:Good (Score:5, Insightful)
If the death penalty applies to spam, and someone might get caught for spamming, then they may as well just go kill someone while they are at it. Maybe kill the witnesses. It can't increase the severity of the penalty, so why not?
Part of justice is appropriate punishments. Walking with a swagger and carrying a noose might impress people who failed to graduate high school, but it doesn't make us any safer, or freer.
Some of the longest sentences in history... (Score:2, Insightful)
It's a good thing for this guy that sentencing for spam doesn't work like that: he supposedly sent 800 million emails using the two identities he stole.
Then again, it wasn't a spam law under which he was convicted and sentenced. But put a few spammers away for 800 million years, and it might help in the neverending fight.
/"You get out of jail about when the Sun has ex
Glad he was caught, and for the right reasons (Score:5, Insightful)
If you want to go after spammers, there are plenty you can go after suing existing laws. We don't need new laws specifically for spam anymore than we need new laws specifically for music sharers. Use the existing laws.
Identity theft (Score:2, Insightful)
For what its worth, MD just increased the penalties for spammers.
jr
Couldn't be happier... (Score:2)
Good way to get the spammers (Score:2)
The black sheep of the family. (Score:2)
"Why can't you be more like your brother John, Harold? Simulating bloody massarcres and building amateur ICBMs: that's normal! The viagra adds in the neighbors mailboxes have to stop!"
Had to be said... (Score:2)
I'll be impressed... (Score:2)
What... you mean they weren't serious about the death penalty? Maaaan... why you gotta be teasing us like that!
Another example of old laws still relevant today (Score:5, Insightful)
Often here we see that new technology doesn't necessarily require new laws. Arresting and charging a spammer using someone else's identity to avoid being caught and held responsible is a good way to round these people up. It avoids the free speech issues completely.
At least something happened (Score:2)
Go figure. (Score:2)
The good news for him (Score:2)
Buffalo Spammer (Score:2)
Come out tonight.
Come out tonight.
Buffalo Spammer won't you come out tonight.
Aaaaaaand...
Dance by the light of the moon.
(Argh! Now I have to go take a shower...)
Re: (Score:2)
Easier to prove, and keeps him off the streets (Score:2)
Theoretically the people whose identity was stolen should be able to sue him for fraud / defamation of character / etc., but it's not likely that he's got huge quantities of money around if he's paid Earthlink any of the $16M civil judgement they got.
Ha ha! (Score:2)
Or better yet, I'll keep you on the line and ask you if you want a free University diploma!
Earthlink (Score:3, Informative)
Not For Spamming (Score:2)
Shot across the bows (Score:2)
But... like it or not, the RIAA seem to have scared would-be mp3 swappers off the P2P networks with their heavy handed tactics - perhaps this will at least make would-be spammers think twice?
The real punishment (Score:2)
Dude. (Score:2)
One down... (Score:2)
Even if it does succeed on a measurable scale, it'll just make those remaining to send spam that much richer.
Yay! (Score:2, Funny)
Anytime, anywhere, when a spammer gets jail time, a death sentence, raped, shot, stabbed, beaten, pursued by goblins, eaten by robot men or robot dogs, burned, molested by snakes, bitten by wolves, dipped in acid, exsanguinated, trampled by cattle, or lost at sea...
say what you will of NY... (Score:2)
And I'm not surprised that Howard Carmack is in Buffalo. There isn't much to do there unless you like cold weather and hanging out at Wal-Mart. At least he had a hobby!
How he got caught. (Score:5, Informative)
Scumbag (Score:2)
Not only that but he lost a suit to Earthlink for $16 million.
I'm glad they're starting to do something about spammers (although this is starting off with the identity theft). Does anybody know about the other case versus earthlink?
I hope this is a start to shutting these people down. Yeah I know wishful thinking, but I hate to see such a useful tool get sh
More proof... (Score:2)
--
QDB.us [qdb.us]
Working yet? (Score:2)
Carmack in jail? (Score:2)
Good. Let's just keep in mind that... (Score:2)
What the article doesn't mention is that Carmack was also indicted and convicted on 14 counts of forgery and falsifying business records.
Again, it's important to note that the conviction had little to nothing to do with him spamming or his using any electronic form of communication at all
Fantasy scene... (Score:5, Funny)
As Carmak cowers under the covers of the lower bunk...
"I bet you don't want ME to have a bigger penis now, do you, boy?"
Free as in speach... (Score:4, Interesting)
That's because as of yet there are no laws against sending email. One person's spam is another's free speach.
Meanwhile in Jail (Score:5, Funny)
this is a little (Score:4, Insightful)
Yas I read the article. He has a prior felonies, and he stole 2 people's identity.
from the article, it seems like he used the identites to send spam. Not exactly devastating. If he had used thoose ID's to charge credit cards, buy a car, etc.. then a couple of years in prison would be adequate.
Considering how full our prisons are, and how tight state budgets are, perhaps there could be better solutions? Community service springs to mind.
He should also be responsible for undoing harm to the people whose identities he stole. We all know what a pain it is to call the credit card companies, and find out what we need to do to prove it wasn't us and get any marks removed from are credit history.
One down... (Score:5, Interesting)
"The Register of Known Spam Operations (ROKSO) [spamhaus.org] database collates information and evidence on known hard-line spam operations that have been terminated by a minimum of 3 consecutive Service Providers for serious spam offenses.
200 Known Spam Operations responsible for 90% of your spam.
90% of spam received by Internet users in North America and Europe can be traced via redirects, hosting locations of web sites, domains and aliases, to a hard-core group of around 200 known spam operations, almost all of whom are listed in the ROKSO database. These spam operations consist of an estimated 500-600 professional spammers loosely grouped into gangs ("spam gangs"), the vast majority of whom are operating illegally, and who move from network to network seeking out Internet Service Providers ("ISPs") known for lax enforcing of anti-spam policies."
It's kind of... (Score:3, Funny)
nabbing the scum bag (Score:3, Interesting)
This announcement does my heart good. Howard Carmak got his due for his actions though not directly just like Al Capone received a sentence for U.S. tax evasion instead of murder, racketeering etc.
When a person is a scum bag in one area this trait seems to wash over into other facets of their lives.
As Long As We're At It... (Score:3, Interesting)
Can we please execute him too? [slashdot.org]
In all seriousness, we need to have some sort of crackdown on spam. The levels of pure crap are increasing faster than even a combination of SpamAssassin and Thunderbird's Bayesian filtering can catch up with.
Throwing slimebags like Carmak and Alan Ralsky in jail for a few years might help reduce the spam levels. While the servers may be in China, the ones running these large spam operations are right here in the US. It won't stop spam, but it will at least reduce the flow.
3.5 to 7 years? (Score:5, Funny)
nerd crime (Score:3, Interesting)
spammer guy: b-b-but Im a marketer!
thug #1: shuddup you in my world tubby!
thug #2: whoo! fresh meat!
Setting a precident? (Score:3, Interesting)
While the crime is not entirely related to spamming, it shows that local law enforcement is getting "clever" with its prosecution, in the same way federal authorities, when unable to get felony convictions like murder against organized crime bosses turned to tax evasion and fraud.
Interesting.
Here's Hoping... (Score:5, Funny)
Hmmmm.... identity theft... (Score:4, Interesting)
And - more to the point - if not, could the law be construed that way? In other words, can we prosecute spammers for impersonating customers of fooISP by using their zombied boxes to spam?
Just a thought.
He should be happy about this... (Score:3, Funny)
Yes, it should (Score:4, Insightful)
What people tend to do, and Americans in particular, is to confuse "freedom of speech" with "guaranteed right to an audience". Preferably on somebody else's bill.
And THAT particular bird is not going to fly.
You have the right to say whatever you want to say (well, almost, nowadays). You do not have the right to force me to listen to any of it. You do not have the right to force somebody else to carry your message.
Re:Yes, it should (Score:3, Insightful)
When the first amendment was written, I really doubt that they had corporations in mind. The first amendment is all about INDIVIDUAL free speech.
I don t believe corporations have the right to say whatever they feel like saying. They are, after all, a group of people who may or may not be working together for a common cause (a day in any large corporation would reveal that the latter is probably more common).
Re:Yes, it should (Score:5, Insightful)
Absolutely not!! A corporation exists solely to generate a profit. It has no morals, no ethics and cannot be deprived of its life or liberty for its crimes. Freedom of speech is a human condition intended for humans. When humans can hide behind a corporation, they can not be held accountalbe for their actions or speech. For example, Dow Chemical murdered 800 people in Bhopal India. Was it forced to cease existing? Of course not. Any entity which has no compulsion to behave with human responsibilities has no expectation of human rights.
It has long been accepted that not ALL speech is free. You cannot shout "fire" in a crowded theatre and you cannot expect unbridled rights to make commercial claims.
Re:Sounds to me a little excessive (Score:5, Funny)
Think of it as a deterrent. "Not only are murder, theft, and rape wrong, but if you're caught, you might have to share a cell with a spammer!"