1. Observations on the Jeremy Jaynes Criminal Spam Trial Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com

2. Who Is Jeremy Jaynes? ROKSO listed spammer Alias Gaven Stubberfield 29, resident of Raleigh, North Carolina Investor in local restaurant and health club More insights available at: http://newsobserver.com/news/story/1828341p- 8141513c.html Tried with sister Jessica DeGroot and Richard Rutkowski

3. The Spam Samples

4. Spam Sample -- Penny Stock Picker

5. Spam Sample -- Internet History Eraser

6. Spam Sample - Fed Ex Refund Processor

7. Spam Timeline, Volumes & Fingerprints

9. Spam Fingerprints from July 16

13. Virginia Criminal Spam Statute (Va. Code § 18.2-152.3:1) 1.Use of a computer or computer network 2.With intent to falsify or forge electronic mail transmission information or other routing information in any manner 3. in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers

14. Felony (Class 6) 10,000 attempted recipients over one day (24 hour period) 100,000…over 30 days 1 million…over one year Penalty (per offense) 1 year to 5 years in prison $2,500 fine

15. Criminal Investigation Proceeds July through December 2003

16. Jaynes Arrested, House Searched & Evidence Seized December 11, 2003

17. Spam Office in Spare Bedroom

18. Rack Mount in Spare Bedroom

19. Evidence Seized Computers, routers –Laptops, desktops, servers –Contents recovered CDs & DVDs –email address lists –lists of user names & domain names –anti-spammer email address lists Other Physical Evidence

20. Spam Interruptus

21. Text of Email Found on Seized Computer

23. Email Text from Seized Computer Email Sample from Report Spam

24. Notes Recovered from Trash Can

25. Notes Admitted into Evidence

34. Merchant Credit Card Account Sales per month

35. Merchant Credit Card Account x $40.00 per sale $440,000 per month Sales per month

36. Merchant Credit Card Account Refunds/charge backs

37. Merchant Credit Card Account Refunds/charge backs x $40.00 per sale ($332,000) per month

38. Merchant Credit Card Account Sales per month $440,000 sales - $332,000 returns $108,000 gross profit per month

41. Falsification of Transmission Information

42. ARIN Contract

46. Proof of Payment for Domain Name Registration Valid Visa credit card False names (Janet Marsh) Card successfully charged Charge was not disputed Signatory on card (Jessica Jaynes)

47. Testimony of UPS Store Owner Postal Form 1583 Required by Law Not One Customer Named John Rogers Nine Years of Records

48. UPS Store Application

49. Proof the Emails were Unsolicited Recipient testimony –Burdensome and unwieldy –Indirect admission is difficult (hearsay) Absence of evidence of request for solicitation in spammers possession (Absence of business record) Expert testimony

50. Expert Testimony: Drug Dealers and Spammers Police officers routinely qualify as experts on drug possession charges No ultimate fact (cant say in my opinion, defendant is a dealer) Quantity of drugs found on defendant is not consistent with personal consumption Prosecutor argues evidence shows defendant is a dealer

51. Dr. John Levine Expert for the Commonwealth Testified Defendants email patterns were not consistent with solicited email practices –Inconsistent from lines –Large number of IP addresses used –.bz domain names (Belize) Untouchable on cross examination See Dr. Levines article on CircleID.com (http://www.circleid.com/article/804_0_1_0_C/)

52. Defendants Defenses No factual defense Constitutional Challenges –First Amendment –Commerce Clause Personal Jurisdiction in Virginia Venue in Loudoun County Lack of proof that volumes exceeded 10,000/day Meaning of Falsification and Unsolicited July 1, 2003 as flag day

53. Jury Verdict & Sentence Deliberated day and a half Jeremy Jaynes –Guilty of 3 felony spam counts –3 years per count Jessica Jaynes DeGroot –Guilty of 3 felony spam counts –$2,500 fine per count Richard Rutkowski –Not guilty

54. Lessons Learned Juries understand the technology Searches and seizures are important to preserving evidence While difficult, unsolicited can be proved without testimony from recipients, via an expert Offshore movement of bank accounts will complicate proof The Jessica Effect -- spam accomplices are now more likely to flip Despite public animosity against spam, jury system works well

55. Questions? Observations on the Jeremy Jaynes Criminal Spam Trial Jon Praed Internet Law Group jon.praed(at)i-lawgroup.com