Magazine article Security Management

Sending Spammers to the Slammer

Magazine article Security Management

Sending Spammers to the Slammer

Article excerpt

As part of the CAN-SPAM Act of 2003, signed into law last December, Congress instructed the United States Sentencing Commission (USSC) to review and, if necessary, amend sentencing guidelines proposed in the legislation for violations of the act. The proposed sentencing ranges from not more than one year to not more than five years, depending on factors such as previous cybercrime-related convictions or an offense that causes loss in excess of $5,000 during a one-year period. The USSC began soliciting public comments on the guidelines in January and held a public hearing in March.

One set of recommendations came from the U.S. Department of Justice's Criminal Division, written by Deborah J. Rhodes, counselor to the assistant attorney general. Rhodes recommends that the CAN-SPAM Act use existing sentencing guidelines that cover theft, embezzlement, receipt of stolen property, property destruction, and offenses involving fraud or deceit. These include a base offense level of six, where "a misdemeanor violator would receive a penalty of 0-6 months . …

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