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Tuesday, December 21, 2004

Judge refuses guilty plea in AOL spam case
Brandon Smith at 2:27 PM ET

[JURIST] Judge Alvin Hellerstein of Manhattan federal court refused Tuesday to accept an ex-AOL employee's plea of guilty to charges of conspiracy and interstate transportation of stolen property, saying that he wasn't sure the man had actually committed a crime under the new federal can-spam legislation. Jason Smathers, fired by AOL in June, used another employee's access code to steal a list of AOL customers and sold it to spammers for more than $100,000. Judge Hellerstein ruled that it was not clear that Smathers had deceived anyone, a requirement under the "can-spam" legislation. AP has more.






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