identity theft != spam

Chris Horry zerbey at
Thu May 15 17:32:22 UTC 2003

On Thu, 15 May 2003, Randy Bush wrote:

> what is wrong with this picture?
>     From: "NewsScan" <newsscan at>
>     NewsScan Daily, 15 May 2003 ("Above The Fold")
>     ***********************************************************
>     NewsScan Daily is underwritten by RLG, a world-class organization
>     making significant and sustained contributions to the effective
>     management and appropriate use of information technology. NSD is
>     written by John Gehl and Suzanne Douglas, editors at
>     ***********************************************************
>     Howard Carmack, the so-called "Buffalo Spammer," has become the
>     first person in New York state to be charged under the state's
>     identity theft laws. If convicted, he could be sentenced to
>     2-1/2 to 7 years in prison for identity theft, forgery,
>     criminal possession of forgery devices (in the form of software
>     used to create phony return addresses), and falsifying business
>     records. According to the indictment, Carmack "stole the
>     identities of innocent New Yorkers to spam millions of
>     consumers throughout New York and the nation." He is charged
>     with using 343 stolen identities to send his unsolicited bulk
>     mailings through Earthlink accounts. An Earthlink executive
>     said the main impact of the arrest would be to demonstrate to
>     others the "very high cost of doing business" in spam. (New
>     York Newsday 14 May 2003)
> this exemplifies the corporate and legislative attempt to confuse
> spam == uce with forgery.  if they can make the latter the issue,
> this leaves the way completely clear for unsolicited commercial
> email from the corporate sector which now fills our post boxes with
> ground trees.

At least it is a step in the right direction.  If this person is convicted
it's one less spammer to worry about (even though that's like saying it's
one less ant to worry about).  I would really love to see some solid
legislation on convicting spammers but the way congress is, it could take
years :-(

Maybe, JUST maybe this case will deter other spammers - but I doubt it!


zerbey at            "Don't submit to stupid rules,          Be yourself and not a fool,
PGP: DSA/2B4C654E RSA/A90483ED  Don't accept average habits,
Amateur Radio Callsign: KG4TSM   Open your heart and push the limits."

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