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Observations on the Jeremy Jaynes Criminal Spam Trial

Observations on the Jeremy Jaynes Criminal Spam Trial. Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com. Who Is Jeremy Jaynes?. ROKSO listed spammer Alias “Gaven Stubberfield” 29, resident of Raleigh, North Carolina Investor in local restaurant and health club

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Observations on the Jeremy Jaynes Criminal Spam Trial

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  1. Observations on the Jeremy Jaynes Criminal Spam Trial Jon Praed Internet Law Groupjon.praed(at)i-lawgroup.com

  2. Who Is Jeremy Jaynes? • ROKSO listed spammer • Alias “Gaven Stubberfield” • 29, resident of Raleigh, North Carolina • Investor in local restaurant and health club • More insights available at: http://newsobserver.com/news/story/1828341p-8141513c.html • Tried with sister Jessica DeGroot and Richard Rutkowski

  3. The Spam Samples

  4. Spam Sample -- Penny Stock Picker

  5. Spam Sample -- Internet History Eraser

  6. Spam Sample -Fed Ex Refund Processor

  7. Spam Timeline, Volumes & Fingerprints

  8. Spam Fingerprints from July 16

  9. Virginia Criminal Spam Statute (Va. Code § 18.2-152.3:1) • Use of a computer or computer network • With intent to falsify or forge electronic mail transmission information or other routing information in any manner • in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers

  10. Felony (Class 6) • 10,000 attempted recipients over one day (24 hour period) • 100,000…over 30 days • 1 million…over one year Penalty (per offense) • 1 year to 5 years in prison • $2,500 fine

  11. Criminal Investigation Proceeds July through December 2003

  12. Jaynes Arrested, House Searched & Evidence Seized December 11, 2003

  13. Spam Office in Spare Bedroom

  14. Rack Mount in Spare Bedroom

  15. Evidence Seized • Computers, routers • Laptops, desktops, servers • Contents recovered • CDs & DVDs • email address lists • lists of user names & domain names • “anti-spammer” email address lists • Other Physical Evidence

  16. “Spam Interruptus”

  17. Text of Email Found on Seized Computer

  18. Email Sample from Report Spam Email Text from Seized Computer

  19. Notes Recovered from Trash Can

  20. Notes Admitted into Evidence

  21. Notes Admitted into Evidence

  22. Merchant Credit Card Account Sales per month

  23. Merchant Credit Card Account Sales per month x $40.00 per sale $440,000 per month

  24. Merchant Credit Card Account Refunds/charge backs

  25. Merchant Credit Card Account Refunds/charge backs x $40.00 per sale ($332,000) per month

  26. Merchant Credit Card Account Sales per month $440,000 sales - $332,000 returns $108,000 gross profit per month

  27. Falsification of Transmission Information

  28. ARIN Contract

  29. Proof of Payment for Domain Name Registration • Valid Visa credit card • False names (“Janet Marsh”) • Card successfully charged • Charge was not disputed • Signatory on card (Jessica Jaynes)

  30. Testimony of UPS Store Owner • Postal Form 1583 Required by Law • Not One Customer Named “John Rogers” • Nine Years of Records

  31. UPS Store Application

  32. Proof the Emails were “Unsolicited” • Recipient testimony • Burdensome and unwieldy • Indirect admission is difficult (hearsay) • Absence of evidence of request for solicitation in spammers’ possession (Absence of business record) • Expert testimony

  33. Expert Testimony:Drug Dealers and Spammers • Police officers routinely qualify as experts on drug possession charges • No “ultimate fact” (can’t say “in my opinion, defendant is a dealer”) • Quantity of drugs found on defendant is “not consistent with personal consumption” • Prosecutor argues evidence shows defendant “is a dealer”

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