Robert Soloway
Encyclopedia
Robert Alan Soloway is the founder of the so-called "Strategic Partnership Against Microsoft Illegal Spam," or SPAMIS, but is said to be one of the Internet's biggest spammers through his company, Newport Internet Marketing (NIM). He was arrested on May 30, 2007, after a grand jury
indicted him on charges of identity theft
, money laundering
, and mail, wire, and e-mail fraud
. He was nicknamed the "Spam King" by prosecutors.
s and spoofing to send out millions of spam e-mails since 2003.
Some e-mails sent by Soloway's company contained false header information making them appear to have been sent from MSN
and Hotmail
addresses. As a result of this he was sued by Microsoft
and ordered to pay $7 million in damages in December 2003. He also was sued by a small Oklahoma
company and was ordered to pay $10 million in damages.
However, an injunction to cease his activities did not stop him from spamming: Soloway's company was responsible, from around June 2004 until April 2005, for a spam campaign (sent from open proxies
) on behalf of various websites including broadcastingtoday.biz and broadcastadvertise.org (all since suspended), which promised to send recipients' Web site addresses to several million "opt-in email addresses." He later claimed that as the service was free, the campaign was not illegal under the anti-spam law CAN-SPAM. A disclaimer in the spams stated, "the above emailing is only free if you are a nonprofit organization that aids child abuse victims."
Soloway insisted that NIM removed all MSN and Hotmail addresses from his mailing lists. He asserted that it was his company's subcontractors, or "spam affiliates," who had carried out the illegal activity (though he remained liable under both state and federal laws, including Washington's Commercial Electronic Mail Act and CAN-SPAM). He insisted he had fired all his subcontractors (none of whom he named) and had himself taken charge of emailing, using spam program Dark Mailer
. However, a Washington superior court
judge ruled that Soloway was in default
.
Soloway pled guilty to three counts on 14 March 2008. He formerly operated a company based in Seattle, Washington
which he is calling "Broadcast E-mail Service" that offers "mailing services" by contract as well as a software program which the site promises will allow the buyer to "email your Web site to 2,500,000 opt-in email addresses for free." E-mails advertising Soloway's company have been sent with forged headers (the headers purport to be "from" the person they were sent "to").
Soloway reportedly switched IP
addresses for his Web sites to avoid detection. In 2006 he registered them through Chinese
internet service providers (ISP) in an apparent ploy to mask his involvement.
Later in 2005, Robert Braver, an internet services provider based in Oklahoma, was awarded $10,075,000.00 in another spam-related case against Soloway. In this lawsuit, a permanent injunction was issued against Soloway, enjoining him from further spam activities.
Those judgments, however, did not stop Soloway's illegal spamming; in fact, he mocked them.
773,000 that Soloway made from his firm.
In exchange, federal prosecutors dropped all other charges. Soloway faced up to 27 years in prison on the most serious charge, and up to $625,000 total in fines.
, and ordered to repay over $700,000. Prosecutors had asked for a 9-year sentence. As of March 2011, he is out of prison and on probation. Part of his probation terms include monitoring of all his email and web browsing.
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indicted him on charges of identity theft
Identity theft
Identity theft is a form of stealing another person's identity in which someone pretends to be someone else by assuming that person's identity, typically in order to access resources or obtain credit and other benefits in that person's name...
, money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
, and mail, wire, and e-mail fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. He was nicknamed the "Spam King" by prosecutors.
Spamming tactics
Soloway is charged with using hijacked zombie computerZombie computer
In computer science, a zombie is a computer connected to the Internet that has been compromised by a cracker, computer virus or trojan horse and can be used to perform malicious tasks of one sort or another under remote direction. Botnets of zombie computers are often used to spread e-mail spam...
s and spoofing to send out millions of spam e-mails since 2003.
Some e-mails sent by Soloway's company contained false header information making them appear to have been sent from MSN
MSN
MSN is a collection of Internet sites and services provided by Microsoft. The Microsoft Network debuted as an online service and Internet service provider on August 24, 1995, to coincide with the release of the Windows 95 operating system.The range of services offered by MSN has changed since its...
and Hotmail
Hotmail
Windows Live Hotmail, formerly known as MSN Hotmail and commonly referred to simply as Hotmail, is a free web-based email service operated by Microsoft as part of its Windows Live group. It was founded by Sabeer Bhatia and Jack Smith and launched in July 1996 as "HoTMaiL". It was one of the first...
addresses. As a result of this he was sued by Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
and ordered to pay $7 million in damages in December 2003. He also was sued by a small Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
company and was ordered to pay $10 million in damages.
However, an injunction to cease his activities did not stop him from spamming: Soloway's company was responsible, from around June 2004 until April 2005, for a spam campaign (sent from open proxies
Open proxy
An open proxy is a proxy server that is accessible by any Internet user. Generally, a proxy server allows users within a network group to store and forward Internet services such as DNS or web pages to reduce and control the bandwidth used by the group...
) on behalf of various websites including broadcastingtoday.biz and broadcastadvertise.org (all since suspended), which promised to send recipients' Web site addresses to several million "opt-in email addresses." He later claimed that as the service was free, the campaign was not illegal under the anti-spam law CAN-SPAM. A disclaimer in the spams stated, "the above emailing is only free if you are a nonprofit organization that aids child abuse victims."
Soloway insisted that NIM removed all MSN and Hotmail addresses from his mailing lists. He asserted that it was his company's subcontractors, or "spam affiliates," who had carried out the illegal activity (though he remained liable under both state and federal laws, including Washington's Commercial Electronic Mail Act and CAN-SPAM). He insisted he had fired all his subcontractors (none of whom he named) and had himself taken charge of emailing, using spam program Dark Mailer
Dark Mailer
Dark Mailer is a controversial bulk e-mail sending program. Operators often source zombie computers to send its e-mail, although this is not the only method of transmission it supports. Its proxy support includes SOCKS v4, SOCKS v5, and HTTP CONNECT...
. However, a Washington superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
judge ruled that Soloway was in default
Default (law)
In law, a default is the failure to do something required by law or to appearat a required time in legal proceedings.In the United States, for example, when a party has failed to file meaningful response to pleadings within...
.
Soloway pled guilty to three counts on 14 March 2008. He formerly operated a company based in Seattle, Washington
Seattle, Washington
Seattle is the county seat of King County, Washington. With 608,660 residents as of the 2010 Census, Seattle is the largest city in the Northwestern United States. The Seattle metropolitan area of about 3.4 million inhabitants is the 15th largest metropolitan area in the country...
which he is calling "Broadcast E-mail Service" that offers "mailing services" by contract as well as a software program which the site promises will allow the buyer to "email your Web site to 2,500,000 opt-in email addresses for free." E-mails advertising Soloway's company have been sent with forged headers (the headers purport to be "from" the person they were sent "to").
Soloway reportedly switched IP
Internet Protocol
The Internet Protocol is the principal communications protocol used for relaying datagrams across an internetwork using the Internet Protocol Suite...
addresses for his Web sites to avoid detection. In 2006 he registered them through Chinese
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
internet service providers (ISP) in an apparent ploy to mask his involvement.
2005 judgments
In 2005, Microsoft won a $7.8 million civil judgment against Soloway, for spam sent through MSN and Hotmail services. That money, however, was never collected because Soloway's bank accounts remained elusive.Later in 2005, Robert Braver, an internet services provider based in Oklahoma, was awarded $10,075,000.00 in another spam-related case against Soloway. In this lawsuit, a permanent injunction was issued against Soloway, enjoining him from further spam activities.
Those judgments, however, did not stop Soloway's illegal spamming; in fact, he mocked them.
Arrested in May 2007
He was arrested on May 30, 2007, after a federal grand jury indicted him on 35 charges including mail fraud, wire fraud, e-mail fraud, identity theft and money laundering. If convicted as charged, he could have faced decades in prison. Prosecutors wanted to seize $United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
773,000 that Soloway made from his firm.
Pleaded guilty in March 2008
On March 14, 2008, Robert Soloway reached an agreement with federal prosecutors, two weeks before his scheduled trial on 40 charges. Soloway pleaded guilty to three charges — felony mail fraud, fraud in connection with e-mail, and failing to file a 2005 tax return.In exchange, federal prosecutors dropped all other charges. Soloway faced up to 27 years in prison on the most serious charge, and up to $625,000 total in fines.
Prison sentence
On 22 July 2008 Robert Soloway was sentenced to 47 months in federal prisonFederal prison
Federal prisons are run by national governments in countries where subdivisions of the country also operate prisons.In the United States federal prisons are operated by the Federal Bureau of Prisons. In Canada the Correctional Service of Canada operates federal prisons. Prison sentences in these...
, and ordered to repay over $700,000. Prosecutors had asked for a 9-year sentence. As of March 2011, he is out of prison and on probation. Part of his probation terms include monitoring of all his email and web browsing.