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

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

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.

Show More