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Privacy What Developers and IT Professionals Should Know by J. C. Cannon

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Spam Litigation

Many states and even foreign governments are passing antispam laws. Virginia went so far as to make sending unsolicited e-mail a felony for egregious offenses. A conviction can lead to a prison term of one to five years, a hefty fine, and a seizure of profits and income from the sale of spam advertising.

Companies have also successfully used legal action to extract damages from spammers. EarthLink was awarded $16.4 million from Howard Carmack for using EarthLink services to send 825 million pieces of spam. EarthLink was also awarded $25 million in damages in a suit against Kahn C. Smith. Both individuals have been banned from sending future spam.[11] America Online has won 25 spam-related lawsuits against more than 100 companies ...

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