'Buffalo Spammer' Arrested in New York

• By theWHIR.com , May 15, 2003

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May 15, 2003 -- (WEB HOST INDUSTRY REVIEW) -- Howard Carmack, aka the ?Buffalo Spammer? was arrested and arraigned yesterday in New York on four felony and two misdemeanor counts.

The arrest stems from charges that the accused fraudulently obtained Internet access accounts from Internet service provider EarthLink (earthlink.com), and has used those accounts to send out nearly 825 million unsolicited, commercial e-mails since March 2002.

"This defendant stole the identities of innocent New Yorkers to spam millions of consumers throughout New York and the nations," Attorney General Eliot Spitzer said in a news release. "Prosecutions like this are designed to teach spammers that cyber-crime does not pay."

Last week, EarthLink won a $16.4 million judgement and immediate injunctive relief against Carmack in a civil suit filed in U.S. District Court in Atlanta.

"Today, we commend the prosecution of the 'Buffalo Spammer' by the New York Attorney General's Office," said Dave Baker, EarthLink?s vice-president of law and public policy. "Howard Carmack's arrest demonstrates that spamming has both civil and criminal consequences. Simply put, spammers who brazenly disregard the law will wind up in jail."

At the arraignment today in Buffalo, Carmack entered a not guilty plea and bail was set at $20,000.

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