Criminal Charges for Spamming

Speak to a Top Ohio Computer Crimes Attorney

The internet has ultimately changed the way that many crimes occur. Thanks to this growing form of technology and communication, email has begun to dominate the way we keep up with each other in the business world and on a personal basis. However, when unsolicited emails flood a person's inbox, it can cause frustration and even be considered a criminal offense.

Spamming may seem like a minor infraction, but it can carry serious, federal penalties. When these spam emails carry viruses or worms, they can be charged as cyber crimes. If you are being accused of illegal spamming, you need to take action to protect your rights. Contact the proven Cleveland computer crimes lawyers at Friedman & Nemecek, LLC Attorneys at Law to retain smart and effective defense.

Why You Should Choose Friedman & Nemecek, LLC Attorneys at Law for Your Spamming Case:

  • We have expertise in handling cutting edge technology cases
  • Attorney Friedman is an author and adjunct professor for criminal law
  • We are leaders in the emerging field of computer crimes
  • Attorney Eric Nemecek is ABA Cybercrime committee chair
  • We offer award-winning and proven legal defense

Don't fight your computer crime charges alone! Reach out to our firm for the representation you deserve.

Understanding Spamming Crimes and the CAN-SPAM Act

While sending unsolicited emails is not illegal on all occasions, there are certain factors that turn this annoyance into a crime. If an individual attempts to falsify or forge electronic mail transmission information in order to send mass bulk emails through a provider or any of its subscribers, it could be considered a federal crime.

The CAN-SPAM Act was created as a counter to spam emails and stands for Controlling the Assault of Non-Solicited Pornography and Marketing. This anti-spam legislation puts standards on sending commercial emails and enables the Federal Trade Commission (FTC) to enforce these regulations. That makes spamming a federal crime that can be prosecuted in federal court, resulting in much harsher penalties than state crimes.

While spamming is often just unsolicited emails, it can also include sending information through:

  • Instant messages
  • Web search engines
  • Online ads
  • Text messaging
  • Social network messaging
  • File sharing networks
  • Online forums

The act also prohibits any email message to be sent through an open relay, sent to harvested email addresses, or to contain a false header in order to encourage a receiver to open it.

While some spamming emails are seemingly more of an annoyance than criminal activity, it could steal land you behind bars for committing such an act. You need to take fast action to protect your rights. Contact our firm today to start building your defense!