The Spam Diaries

News and musings about the fight against spam.
 by Edward Falk

Thursday, June 14, 2007

Why Soloway was denied bail

More on this issue in today's Globe and Mail.

It's actually quite unusual for bail to be denied to non-violent offenders, and there has been much speculation as to what was behind the judge's reasoning.

In this case, there were a number of factors mentioned by the judge. The primary one being that Soloway has family in Sweden and minimal ties to the Seattle area. The judge noted that it's as easy to spam from Sweden as from the U.S.

In addition, the judge noted that Soloway was known for ignoring court orders as shown by his failure to pay the judgements against him obtained by Microsoft and an Oklahoma ISP, combined with the fact that he continued spamming afterwards.

In an old post to a spammer's bulletin board, someone claiming to be Soloway bragged that he was never going to pay any judgement against him. This may have come back to haunt him.

More information can be found in Seattle PI article Spam suspect denied bail.

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Anonymous Anonymous said...

Just wanted to add a minor clarification/correction.

The Microsoft case and failure to pay civil judgments was not mentioned anywhere in the court's detention order.

One of the main reasons why I followed throgh in my case after I learned that Microsoft had already sued Soloway and then they took a default judgment for money damages only, was that I wanted the injunctive relief available under CAN-SPAM.

It was Soloway's disregard of the injunction that was a major factor in his pre-trial detention.

12:32 PM  

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