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Fifteen months for AOL data thief

OUT-LAW News, 19/08/2005

A former AOL employee who admitted stealing 92 million screen names – representing AOL's entire customer base – and selling them on to spammers for $28,000, has been sentenced to 15 months in prison, according to reports.

Jason Smathers, 25, from West Virginia, was arrested in June 2004 and pleaded guilty in February to the theft and sale of the names to spammer Sean Dunaway, 21, from Las Vegas.

Dunaway, according to prosecutors, used the email addresses to market his internet gambling business and then sold the original list on to other internet marketers for up to $52,000. He allegedly also sold an updated but smaller list for $32,500.

Dunaway is still awaiting trial, but Smathers reached a plea agreement with prosecutors in February and was expected to receive a prison sentence of between 18 months and two years. However, according to reports, US District Court Judge Alvin Hellerstein, accepted that Smathers was truly sorry for his actions and imposed a reduced sentence.

"I know I've done something very wrong," Smathers is reported to have said at the sentencing hearing on Wednesday.

A fine will also be imposed, but the figure depends on the financial loss that AOL is able to show it incurred as a result of the theft and subsequent sale. Reports suggest that the fine will be in the region of $83,000.

 

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