New Bill Would Expose Spammers To Racketeering Charges

from the more-spam-legislation dept

Because there aren't already enough spam bills being discussed in Congress here is yet another one. This one is a bit more targeted, and is focused just on spam "scams" that try to get money out of people illegally. The bill would make anyone involved in those scams open to being charged for racketeering under the RICO Act. This makes sense, though, I wonder why it wasn't already true. If they are involved in racketeering over email, aren't they already liable under that law?

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    RICO

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    Doug, May 15th, 2003 @ 8:46am

    If they are involved in racketeering over email, aren't they already liable under that law?
    Not in and of itself. IANAL, but in broad terms RICO prohibits money obtained from racketeering from being used to support a legitimate business or to obtain control of a legitimate business. It covers both the funnelling of money from independent racketeering operations, and the direct use of racketeering by an otherwise legitimate business.

    In order for RICO to be applicable, there must be a "pattern of racketeering activity", not just an isolated incident. Also, because it's a Federal law, RICO only applies when the legitimate business is engaged in interstate or international commerce.

    reply to this | link to this | view in thread ]


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