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"Spam itself is not -- of itself -- a crime," Spitzer said. "What makes this criminal conduct is the intersection of spamming with forgery and identity theft."

NY Attorney General Says 'Buffalo Spammer' Arrested
Wed May 14, 1:46 PM ET Add Top Stories - Reuters to My Yahoo!



NEW YORK (Reuters) - The man known as the "Buffalo Spammer," who has allegedly sent 825 million unwanted e-mails, has been arrested and arraigned, New York Attorney General Eliot Spitzer said on Wednesday.



Howard Carmack, a 36-year-old resident of Buffalo, New York, entered not guilty pleas before a Buffalo City Court judge and bail was set at $20,000, the Attorney General's office said in a statement.


"We believe Carmack is one of the largest (spammers) and believe there are a significant number of them," Spitzer said in a conference call. "Spammers who forge documentation and steal identities of others to create their e-mail traffic will be prosecuted."


Spam, or unwanted e-mail hawking everything from herbal sexual stimulants to mortgages, has become a growing issue as it now comprises as much as 75 percent of online messages.


About two-thirds of the spam that jams up in-boxes contains deceptive information such as false return addresses or pitches for miracle cures and work-at-home schemes, according to a recent analysis by the U.S. Federal Trade Commission.


The Attorney General's office said in a statement its Internet bureau receives more complaints about spam than about any other Internet-related issue.


"Spam itself is not -- of itself -- a crime," Spitzer said. "What makes this criminal conduct is the intersection of spamming with forgery and identity theft."


Carmack was charged with: stealing the identity of two residents to open Internet access accounts with EarthLink Inc. ; falsifying the business records of EarthLink; forging the headers of e-mail sent from the EarthLink accounts; and possessing a software program designed to create the forged e-mails, the Attorney General's office said in a statement.


Spitzer said his office worked with the Federal Bureau of Investigation and EarthLink, the nation's No. 3 Internet service provider. Last week EarthLink won a $16 million settlement and injunctive relief against Carmack in U.S. district court in Atlanta after a year-long investigation.


"He cost EarthLink more than $1 million," Spitzer charged. "And he opened in excess of 343 e-mail accounts using stolen identities."


The prosecution is the first by Spitzer under New York's identity theft statute, which was enacted in November.


Carmack's public defender was not immediately available for comment. The next court date is May 19.


Spitzer said more arrests in this case are not expected at the moment, but the investigation continues as Carmack's computer has been seized. He said investigations into other spammers are underway but declined to comment further.


The arrest comes as Louisiana Republican Rep. Billy Tauzin plans to introduce an anti-spam bill this week that is expected to move quickly through Congress.