(slightly OT) "Gaven Stubberfield" arrested
Matt Kettler
mkettler at EVI-INC.COM
Thu Dec 11 21:45:49 GMT 2003
At 04:14 PM 12/11/2003, Stephen Swaney wrote:
>Unfortunately I believe that when the can-sapm bill is signed by president
>bush, the tougher state laws, i.e. California and Virginia, are superceded
>by the weaker Federal law and no longer in force.
>
>Stubberfield's arrest by authorities in Virginia wouldn't be possible.
Well he was arrested in NC by authorities in NC, and is being extradited to
VA, not arrested in VA.
Even the weak federal law still enacts penalties against forged sender
addresses, which is the part of the VA law they are being charged with. Had
he committed the same act post can-spam, he'd be facing a federal offense
instead of a state one.
Not to say that can-spam isn't full of holes to the point of being useless,
but his exact acts are illegal under can-spam's provisions per 1037(a)(3).
He probably violated (a)(2) and (a)(4) as well.
See page 13 of http://www.cauce.org/S877.pdf.
Of course, post can-spam, he'd have just modified his spam tactics slightly
and be more-or-less home free :(
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