A fourth defendant in the alleged conspiracy has already pleaded guilty and marks the first CAN SPAM conviction related to the transmission of obscene e-mail.
According to the Department of Justice (DoJ) indictments, the obscene spam was sent in a manner designed to impair the ability of recipients, Internet service providers and law enforcement agencies to identify, locate, or respond to the senders.
The deception was accomplished in a number of ways, including sending the spam from Internet Protocol addresses registered in the Netherlands and domain names registered in Mauritius, installing the computers sending the e-mails in the Netherlands and remotely controlling those computers from the United States.
In additional to criminal conspiracy, the indictment charges Kilbride and Schaffer with two counts of interstate transportation of obscene material using an interactive computer service, two counts of interstate transportation of obscene material for the purpose of sale or distribution and one count of money laundering.
Schaffer is also charged with one count of operating three pornographic Web sites without including required statements describing the location of identification and other records for the performers portrayed in the Websites, as is required by federal law.