Federal
and state law enforcement agencies have
quietly arrested or charged dozens of people
with crimes related to junk e-mail, identity
theft and other online scams in recent weeks,
according to several people involved in
the actions.
The cases, which have been brought by law
enforcement offices around the country,
are expected to be announced by Attorney
General John Ashcroft in a news conference
in Washington on Thursday.
Federal authorities have stepped up their
efforts to crack down on junk e-mail messages,
or spam, since Congress passed a law last
December criminalizing fraudulent and deceptive
e-mail practices. The law subjects spammers
to fines and jail terms of up to five years.
So far, the law has had little noticeable
effect. Spam represents 65 percent of all
e-mail, up from 58 percent when the law
was passed, according to Symantec, a company
that makes a widely used spam filter.
The new cases are also expected to involve
charges of credit card fraud, computer crime
and other offenses that carry significant
penalties. Many of the cases were developed
by an unusual investigative team that combined
federal law enforcement officials and executives
from industries that do business through
the Internet. Nearly two dozen investigators
work in an office in Pittsburgh operated
by the National Cyber-Forensics and Training
Alliance, a nonprofit organization with
close ties to the Federal Bureau of Investigation.
Much of the financing for the efforts, known
as Operation Slam Spam, comes from the Direct
Marketing Association, a trade group that
wants to promote what it sees as the legitimate
use of e-mail marketing.
"We felt that the key to the new law
was enforcement," said H. Robert Wientzen,
who recently stepped down as the president
of the marketing association and is still
involved in the antispam campaign. "We
want spammers to realize that spam is not
a free game for them and that they face
real penalties if they continue."
The operation has built a database of known
spammers, drawing from law enforcement agencies
and from private companies that are investigating
and bringing civil suits against some of
the biggest users of junk e-mail messages.
It has also deployed online decoys to catch
spammers and has purchased products advertised
in spam messages so that the financial records
can be traced to the ultimate source of
the message.
As the cases have been developed, the Pittsburgh
group has used its information to persuade
prosecutors to devote some resources to
bringing cases against junk e-mail companies
and other abusers of the Internet.
Law enforcement agencies have only recently
taken an interest in fighting the spam problem.
It is a series of small crimes, often without
clear victims, that is hard to investigate.
But prosecutors and investigators are starting
to become more aggressive as the volume
of spam continues to increase and as the
messages that spammers send are being used
more often to perpetrate other crimes, including
identity theft and credit card fraud.
And the authorities have become increasingly
concerned about the spammers' use of computer
viruses to hijack millions of desktop computers,
using them to relay their messages and hide
their true identities.
The Justice Department announcement expected
on Thursday is meant to highlight several
different government actions related to
computer crime. The department has conducted
a handful of similar operations in the past,
calling them cyber sweeps, but the crackdown
to be disclosed this week is thought to
be the biggest by far.
A Justice Department spokesman declined
to comment.
In May, Jana D. Monroe, assistant director
of the F.B.I.'s cyber division, told a Senate
committee that the agency was developing
cases on more than 50 of the most active
spammers.
Prosecutors had hoped to announce some prominent
convictions earlier this summer. But the
cases have proven to be more complex than
expected, in part because of new evidence
turned up at each step.
"These cases never end," said
Steve Linford, the director of the Spamhaus
Project, a clearinghouse of information
on spammers based in London that works with
law enforcement agencies. "When they
seize a whole bunch of computers from one
gang, they normally see a lot of information
that leads to another gang."
Indeed, federal and state prosecutors have
arrested some people whose names they will
not reveal at the news conference this week
because those first suspects are leading
them to others involved in spam and other
crimes, officials said.
In April, the Justice Department brought
what it said was the first criminal prosecution
under the new spam law against three people
in suburban Detroit. Last month, however,
the case was quietly dismissed at the government's
request.
Terrence Berg, the prosecutor on the case,
said such dismissals were normal procedure
and the charges could be brought again after
more evidence was developed.
Spam has proven to be a plague of the modern
world that has defied nearly every effort
to mitigate its effects. Major companies
and Internet providers have spent millions
of dollars on software meant to identify
and discard unwanted messages, but the spammers
have found myriad techniques to get around
the barriers.
Efforts to develop technical standards that
would help separate "good" e-mail
from "bad" have been delayed by
bickering among the big e-mail providers.
It is unclear whether the heightened spate
of criminal prosecutions will make much
difference in the in-boxes of the half-billion
e-mail users around the world.
"There is such a large number of spammers,''
said Enrique Salem, a senior vice president
of Symantec, "that no matter how many
you arrest, more people will send spam.''
But Mr. Linford of Spamhaus said he thought
that the current wave of prosecutions had
the potential to at least temporarily diminish
the flood of spam.
"Spammers believe that they will never
be caught,'' Mr. Linford said. "If
they get 10, 20, 30 well-known spammers,
the rest of the spam community will start
to notice. Any spammers who can be made
to give up because they think the F.B.I.
is getting too close is very good for us.''
Still, Mr. Linford added that spam activity
had been increasing overseas and that spammers
in other countries, especially Russia, were
expected to move quickly to fill any gaps
left if spammers in the United States are
shut down or scared off.
"Next year and the year after,'' he
said, "we are going to see Russia as
the main spam problem.''
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