United States v. Kilbride

507 F. Supp. 2d 1051 (2007)

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United States v. Kilbride

United States District for the District of Arizona
507 F. Supp. 2d 1051 (2007)

KL

Facts

Jeffrey Kilbride and James Schaffer (defendants) were in business together running a pornography website. To obtain business, they sent millions of emails to potential customers containing explicit images from their website. They made money if the recipient signed on to the site and paid a fee. Kilbride and Schaffer hid their true names when sending the emails by having employees set up fake usernames and domains so the emails could not easily be traced back to Kilbride or Schaffer. Kilbride and Schaffer were tried and convicted under 18 U.S.C. § 1037, the criminal provisions of the Controlling the Assault of Non-Solicited Pornography and Marketings Act, known as the CAN-SPAM Act, which prohibited email spammers from deceiving recipients as to the source of subject matter of their email messages. Kilbride moved for an acquittal.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

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