SPAM Penalties Accrue

A federal judge has issued a summary judgment in favor of AOL in its lawsuit against a man AOL describes as “the poster child for the CAN-SPAM Act.” Christopher William Smith was accused of sending billions of e-mail messages in violation of the federal statute.

Smith’s attorneys withdrew from the case several months after it was filed, and U.S. District Judge Claude Hilton said that Smith “refused to participate in this case, willfully disregarding…discovery obligations and failing to comply with multiple court orders.” In light of Smith’s behavior, Hilton issued a $5.3 million judgment against Smith, to be paid to AOL, as well as ordering him to pay $287,000 in legal fees for the ISP. Smith is currently in custody in Minnesota, waiting to be tried for criminal drug charges stemming from his operating an online pharmacy.

Wired News, 26 January 2006