QUOTE(Miss Betsy @ Oct 25 2008, 06:18 AM)

In this case the spammers were breaking an already existing law. And, ISTM, that many spam rings can be busted because of already existing laws. The few that operate just inside the law, like Sheets offline, may continue, but maybe not. With most ISPs not wanting spammers, it may not be worthwhile - they may prefer to buy online advertising on the 'free' email resources.
Yes, I think most of these guys are breaking existing laws, if only laws regarding computer subversion ("unauthorized use of protected computers" etc.).
I am guessing that indicting someone merely for "spamming" is a tough row to hoe because there is a lot of ambiguity in the term (e.g., Jaynes' conviction overturned because he was merely sending "anonymous e-mail" whatever that means). It is much easier if you can show that they are selling illegal or controlled goods, committing mail fraud or wire fraud, etc. since these are all probably far better understood by the courts.
QUOTE(Miss Betsy @ Oct 25 2008, 06:18 AM)

I don't know how to deal with the people whose computers get infected. Without them, wouldn't a really high percentage of spam stop? Perhaps a fine, like one for littering?
Another rather sticky problem. Yes, maybe you could fine zombie owners if their traffic traversed a government or public resource (like the USPS) at some point, but here in the U.S. (and many other countries) most internet transmissions are handled by ISPs and common carriers, all private businesses. Some ISPs do take on the thankless task of policing up their customer's systems, thank goodness, but many others do not. Suffice it to say that there will always be a comfortably large pool of potential zombies for spammers to glom onto.
-- rick