'Wardriving' Conviction Is First Under Can-Spam

KingFish

A Southern California man pleaded guilty to spamming people through unprotected hot spots, the first-ever conviction under the Can-Spam Act, and a case that again raises concerns about the risks of open-access Wi-Fi service.

Nicholas Tombros admitted driving around Venice, Calif., last year, searching for unprotected hot spots--an activity called "wardriving"--and exploiting them to distribute unsolicited e-mail that advertised pornographic Web sites. Tombros pleaded guilty on Monday to unauthorized access to a computer to distribute multiple commercial spam messages. He is scheduled to be sentenced Dec. 6 and faces a maximum penalty of three years in prison, according to the United States Attorney, Central District of California. The case is the first conviction in the nation under the much-publicized Can-Spam Act of 2003, signed in December. Since it became law, Can-Spam has failed to generate significant litigation, despite the continued proliferation of spam marketing campaigns. In April, the U.S. Department of Justice filed a criminal complaint against four Detroit-area men under the law, the first case sparked by the legislation. In July, the Massachusetts Attorney General's office filed suit against a Florida man suspected of sending spam e-mail to thousands of consumers.

Source: c|net

Thrax

I promise that Nicholas Tombros is not one of my aliases.

KingFish

spoken like a true guilty conscience