Federal Judge Refuses Spam Guilty Plea

NEW YORK — A federal judge rejected the guilty plea of a former America Online employee who allegedly stole nearly 100 million email addresses and sold them to spammers, saying that he wasn’t sure the employee had actually committed a crime.

The Tuesday hearing in which Jason Smathers had agreed to plead guilty to conspriracy and interstate trafficking as part of a bargain with federal with federal prosecutors was halted after U.S. District Judge Alvin Hellerstein said that he had “technical questions” about the nature of the crime.

Hellerstein, who also mentioned that he had canceled his AOL account after receiving massive amounts of junk email, said he was unsure about whether Smathers actions were actually in violating of the Can-Spam act, which requires that spam be both annoying and deceptive.

“Everybody has spamsters, but mine is a technical question,” said Hellerstein. “I don’t think it’s deceptive or misleading to the recipient.”

Hellerstein then asked prosecutors to submit legal briefs by Jan. 12 so he could decide on whether Smathers was in violation of the law.

“I need to be independently satisfied that a crime has been committed,” the judge said.

If convicted, Smathers could face up to 15 years in prison, but the deal he cut with prosecutors would leave him with a potential prison term of 18 months to 24 months.

The Can-Spam Act, passed by the legislature in 2003 in response to mounting concerns about the quantity of junk email transmitted over the Internet, prohibits unscrupulous email marketing. Provisions of the act make it illegal to send email with the intent to deceive or mislead recipients about the origins or subject matter of the messages, and neglecting to state in the subject header whether the email contains pornographic material.

While Hellerstein is not questioning the constitutionality of the law itself, his questions echo similar concerns expressed by U.S. lawmakers when the bill was passed in November 2003.

“The bill doesn’t can spam, it legalizes it,” Debra Bowen, a Democrat state senator in California told the New York Times at the time. “It’s full of loopholes. It’s difficult to enforce. It’s weaken than many state laws.”

Before the act’s passage, eight state attorneys general who sit on the Internet committee of the National Association of Attorneys General wrote a letter to the legislature, saying that the Can-Spam Act “creates so many loopholes, exceptions and high standards of proof, that it provides minimal consumer protections and creates too many burdens for effective enforcement.”

The next hearing in the case is scheduled for Jan. 28.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Show More