Robert Alan Soloway (born 1980) is the founder of the so-called "Strategic Partnership Against Microsoft Illegal Spam," or SPAMIS, but is said to be one of the Internet's biggest spammers through his company, Newport Internet Marketing (NIM). [1] He was arrested on May 30, 2007, after a grand jury indicted him on charges of identity theft, money laundering, and mail, wire, and e-mail fraud. [2] He was nicknamed the "Spam King" by prosecutors.
Soloway is charged with using hijacked zombie computers and spoofing to send out millions of spam e-mails since 2003. [1] [3] Some e-mails sent by Soloway's company contained false header information making them appear to have been sent from MSN and Hotmail addresses. As a result of this he was sued by Microsoft and ordered to pay $7 million in damages in December 2003. [1] He also was sued by a small Oklahoma company and was ordered to pay $10 million in damages. [4]
However, an injunction to cease his activities did not stop him from spamming: Soloway's company was responsible, from around June 2004 until April 2005, for a spam campaign (sent from open proxies) on behalf of various websites including broadcastingtoday.biz and broadcastadvertise.org (all since suspended), which promised to send recipients' Web site addresses to several million "opt-in email addresses." He later claimed that as the service was free, the campaign was not illegal under the anti-spam law CAN-SPAM. A disclaimer in the spams stated, "the above emailing is only free if you are a nonprofit organization that aids child abuse victims." [5]
Soloway insisted that NIM removed all MSN and Hotmail addresses from his mailing lists. He asserted that it was his company's subcontractors, or "spam affiliates", who had carried out the illegal activity (though he remained liable under both state and federal laws, including Washington's Commercial Electronic Mail Act and CAN-SPAM). He insisted he had fired all his subcontractors (none of whom he named) and had himself taken charge of emailing, using spam program Dark Mailer. However, a Washington superior court judge ruled that Soloway was in default. [5]
Soloway pleaded guilty to three counts on 14 March 2008. He formerly operated a company based in Seattle, Washington which he is calling "Broadcast E-mail Service" that offers "mailing services" by contract as well as a software program which the site promises will allow the buyer to "email your Web site to 2,500,000 opt-in email addresses for free." [5] E-mails advertising Soloway's company have been sent with forged headers (the headers purport to be "from" the person they were sent "to"). [2]
Soloway reportedly switched IP addresses for his Web sites to avoid detection. [2] In 2006 he registered them through Chinese internet service providers (ISP) in an apparent ploy to mask his involvement. [2]
In 2005, Microsoft won a $7.8 million civil judgment against Soloway, for spam sent through MSN and Hotmail services. That money, however, was never collected because Soloway's bank accounts remained elusive. [6]
Later in 2005, Robert Braver, an internet services provider based in Oklahoma, was awarded $10,075,000.00 in another spam-related case against Soloway. In this lawsuit, a permanent injunction was issued against Soloway, enjoining him from further spam activities. [7]
Those judgments, however, did not stop Soloway's illegal spamming; in fact, he mocked them. [8]
He was arrested on May 30, 2007, after a federal grand jury indicted him on 35 charges including mail fraud, wire fraud, e-mail fraud, identity theft and money laundering. [1] If convicted as charged, he could have faced decades in prison. [1] Prosecutors wanted to seize $773,000 that Soloway made from his firm. [9]
On March 14, 2008, Robert Soloway reached an agreement with federal prosecutors, two weeks before his scheduled trial on 40 charges. Soloway pleaded guilty to three charges—felony mail fraud, fraud in connection with e-mail, and failing to file a 2005 tax return. [10] In exchange, federal prosecutors dropped all other charges. Soloway faced up to 27 years in prison on the most serious charge, and up to $625,000 total in fines.
On 22 July 2008 Robert Soloway was sentenced to 47 months in federal prison, and ordered to repay over $700,000. Prosecutors had asked for a 9-year sentence. [11] [12] As of March 2011, he is out of prison and on probation. Part of his probation terms include monitoring of all his email and web browsing. [13]
Electronic mail is a method of transmitting and receiving messages using electronic devices. It was conceived in the late–20th century as the digital version of, or counterpart to, mail. Email is a ubiquitous and very widely used communication medium; in current use, an email address is often treated as a basic and necessary part of many processes in business, commerce, government, education, entertainment, and other spheres of daily life in most countries.
Spamming is the use of messaging systems to send multiple unsolicited messages (spam) to large numbers of recipients for the purpose of commercial advertising, non-commercial proselytizing, or any prohibited purpose, or simply repeatedly sending the same message to the same user. While the most widely recognized form of spam is email spam, the term is applied to similar abuses in other media: instant messaging spam, Usenet newsgroup spam, Web search engine spam, spam in blogs, wiki spam, online classified ads spam, mobile phone messaging spam, Internet forum spam, junk fax transmissions, social spam, spam mobile apps, television advertising and file sharing spam. It is named after Spam, a luncheon meat, by way of a Monty Python sketch about a restaurant that has Spam in almost every dish in which Vikings annoyingly sing "Spam" repeatedly.
Various anti-spam techniques are used to prevent email spam.
The Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 is a law passed in 2003 establishing the United States' first national standards for the sending of commercial e-mail. The law requires the Federal Trade Commission (FTC) to enforce its provisions. Introduced by Republican Conrad Burns, the act passed both the House and Senate during the 108th United States Congress and was signed into law by President George W. Bush in December 2003 and was enacted on January 1, 2004.
Email spam, also referred to as junk email, spam mail, or simply spam, is unsolicited messages sent in bulk by email (spamming). The name comes from a Monty Python sketch in which the name of the canned pork product Spam is ubiquitous, unavoidable, and repetitive. Email spam has steadily grown since the early 1990s, and by 2014 was estimated to account for around 90% of total email traffic.
Alan Ralsky was a convicted American fraudster, best known for his activities as a spammer.
A Joe job is a spamming technique that sends out unsolicited e-mails using spoofed sender data. Early Joe jobs aimed at tarnishing the reputation of the apparent sender or inducing the recipients to take action against them, but they are now typically used by commercial spammers to conceal the true origin of their messages and to trick recipients into opening emails apparently coming from a trusted source.
Sanford 'Spamford' Wallace is an Internet spammer. He initially sent junk faxes before coming to notoriety in 1997, promoting himself as the original "Spam King". Wallace's prolific spamming has resulted in encounters with the United States government, anti-spam activists, and large corporations such as Facebook and MySpace.
A bounce message or just "bounce" is an automated message from an email system, informing the sender of a previous message that the message has not been delivered. The original message is said to have "bounced".
AOL Mail is a free web-based email service provided by AOL, a division of Yahoo! Inc.
Email spoofing is the creation of email messages with a forged sender address. The term applies to email purporting to be from an address which is not actually the sender's; mail sent in reply to that address may bounce or be delivered to an unrelated party whose identity has been faked. Disposable email address or "masked" email is a different topic, providing a masked email address that is not the user's normal address, which is not disclosed, but forwards mail sent to it to the user's real address.
Outlook.com, formerly Hotmail, is a free personal email service offered by Microsoft. This includes a webmail interface featuring mail, calendaring, contacts, and tasks services. Outlook can also be accessed via email clients using the IMAP or POP protocols.
Edward Davidson, also known as "Fast Eddie" and "the Spam King," was an American spammer who from July 5, 2002, through April 15, 2007, conducted a Colorado business using the name Power Promoters. The primary nature of Davidson's business consisted of providing promotional services for companies by sending large volumes of unsolicited commercial electronic messages ("spamming"). The spamming was designed to promote the visibility and sale of products offered by various companies. Davidson utilized the services and assistance of other individuals whom he hired as "sub-contractors" to provide spamming at his direction on behalf of his client companies.
The history of email spam reaches back to the mid-1990s when commercial use of the internet first became possible - and marketers and publicists began to test what was possible.
Email spammers have developed a variety of ways to deliver email spam throughout the years, such as mass-creating accounts on services such as Hotmail or using another person's network to send email spam. Many techniques to block, filter, or otherwise remove email spam from inboxes have been developed by internet users, system administrators and internet service providers. Due to this, email spammers have developed their own techniques to send email spam, which are listed below.
United States v. Kilbride, 584 F.3d 1240 is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the Can Spam Act and United States obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers, which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3). The case is particularly notable because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet.
The X-Originating-IP email header field is a de facto standard for identifying the originating IP address of a client connecting to a mail service's HTTP frontend. When clients connect directly to a mail server, its address is already known to the server, but web frontends act as a proxy which internally connect to the mail server. This header can therefore serve to identify the original sender address despite the frontend.
A Microsoft account or MSA is a single sign-on personal user account for Microsoft customers to log in to consumer Microsoft services, devices running on one of Microsoft's current operating systems, and Microsoft application software.
Gordon v. Virtumundo, Inc., 575 F.3d 1040, is a 2009 court opinion in which the United States Court of Appeals for the Ninth Circuit addressed the standing requirements necessary for private plaintiffs to bring suit under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or CAN-SPAM Act of 2003, 15 U.S.C. ch. 103, as well as the scope of the CAN-SPAM Act's federal preemption. Prior to this case, the CAN-SPAM Act's standing requirements had not been addressed at the Court of Appeals level, and only the Fourth Circuit had addressed the CAN-SPAM Act's preemptive scope.
