The Change Mariner

Virginia Indicts 2 Under Antispam Law

New York Times:

Mr. Kilgore said that the case represented the first felony prosecution in the nation specifically using an antispam law. Earlier this year, New York State brought felony charges against Howard Carmack of Buffalo for suspected violations of the state's identity-theft laws. The state says he stole credit card numbers to pay for Internet accounts used to send spam. That case is scheduled for trial in January.

A federal antispam bill awaiting President Bush's signature would pre-empt state civil laws, but Mr. Kilgore said it would not pre-empt criminal fraud statutes like the Virginia law used in this case.