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2005/08/19

Mark Ecko Taking New York City To Court Over Planned Graffiti Exhibit.//You've got jail! Ex-AOLer sold email list to spammers

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According to organizers of the event, permits that have been in place since July 18, 2005, have been revoked.

"It's unfortunate that the spirit of the event, as it was originally conceived and as it has been presented has been lost in the haste to stereotype all graffiti-style artists as "vandals" and to brand this event as a "promotion of crime." Ecko told a statement. "At its core, this is an event designed to celebrate an art form born from the streets of New York over two decades ago as a means of creative self expression."

Ecko said that exhibit was meant to educate the public about the skills needed to create murals.

"I am well aware that drawing graffiti in public places is a crime, and I do not condone or encourage it,Ecko continued. “At the same time, however, graffiti is a legitimate and historical part of the great art history of our city."

At the exhibit, a 48-foot, mural will be created and donated to The Point, a Bronx-based nonprofit youth development organization.

"This is my tribute to the 20 participating artists whose works now command top dollar across the globe as well as to an art form powerful enough to permeate virtually every moment in our lives, from the ads and music videos we watch on TV to the products we wear and consume,Ecko said.

Despite the problems with City Hall, the Graffiti Exhibit will continue as scheduled on August 24th on West 22nd St. between 10th and 11th Avenues in New York City.

A 25-year-old former America Online employee who admitted he became a cyberspace outlaw when he sold all 92 million screen names and e-mail addresses to spammers was sentenced Wednesday to a year and three months in prison.
“I know I’ve done something very wrong,he soft-spoken and teary eyed Jason Smathers told U.S. District Judge Alvin Hellerstein as he apologized for a theft that resulted in spammers sending out up to 7 billion unsolicited e-mails.

The Internet is not lawless was the lesson of the case, said Assistant U.S. Attorney David Siegal.

The public at large has an interest in making sure people respect the same values that apply in everyday life, on the Internet,Siegal said.

Smathers lawyer, Jeffrey Hoffman, called the theft a “dumb, stupid, insane act hat his client feels terrible about.

Smathers apologized to a half dozen members of his family who had flown from California and Indiana to attend the sentencing as Hellerstein credited the former Harpers Ferry, W. Va., resident for his contrition and efforts to help the government.

Earlier this year, he had pleaded guilty to conspiracy charges in a plea deal had called for a sentence of at least a year and a half in prison.

In a letter from Smathers to the court that was read partially into the record by Siegal, Smathers tried to explain the crimes that AOL has said cost the company at least $300,000 and possibly millions of dollars.

Cyberspace is a new and strange place,Siegal said Smathers wrote. I was good at navigating in that frontier and I became an outlaw.

The judge imposed the reduced sentence of one year and three months, saying he recognized Smathers cooperated fully but lacked information to build other criminal cases.

He said leniency was appropriate for someone who tries hard to bare his soul but doesn't have the information the government needs.

Smathers admitted accepting $28,000 from someone who wanted to pitch an offshore gambling site to AOL customers, knowing that the list of screen names might make its way to others who would send e-mail solicitations.

The judge has recommended that Smathers be forced to pay $84,000 in restitution, triple what he earned. He delayed the order to let AOL prove the damages were higher. The judge suggested the $300,000 damage figure was speculative.

Prosecutors said Smathers had engaged in the interstate transportation of stolen property and had violated a new federal CAN-SPAM law, short for Controlling the Assault of Non-Solicited Pornography and Marketing Act, which is meant to diminish unsolicited e-mail messages about everything from herbal penile enlargement pills to mortgages.

In December, the judge said he had dropped his own AOL membership because he received too much spam.

America Online Inc., a wholly owned subsidiary of Time Warner Inc., has since launched a major assault on spam, significantly reducing unsolicited e-mails.

Smathers allegedly sold the list to Sean Dunaway, of Las Vegas, who used it to send unwanted gambling advertisements to subscribers of AOL, the world’s largest Internet provider. Charges are pending against Dunaway.

The stolen list of 92 million AOL addresses included multiple addresses used by each of AOL’s estimated 30 million customers. It is believed to be still circulating among spammers.

The judge refused a Probation Department recommendation that Smathers be banned from his profession, saying he trusted Smathers had learned his lesson.

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