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''United States v. Kilbride'', 584 F.3d 1240 (9th Cir. 2009) is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the CAN SPAM Act and US obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers,〔 which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3).〔 The case is particularly interesting because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet. == Background == Jeffery A. Kilbride and James Robert Schaffer ran an unsolicited bulk email company called Ganymede Marketing, which sent hundreds of thousands to millions of spam emails a year. These emails advertised a variety of products, including sexually explicit websites, and a portion of them contained sexually explicit images. Kilbride and Schaffer set up Ganymede as a foreign shell company in an attempt to avoid US laws and gave fake contact information both in the emails they sent and their website registrations. The FTC and AOL claimed to have received over 600,000 complaints relating to spam emails sent by Ganymede, before they were finally taken to court in Arizona for violating anti-spam and obscenity laws. On June 25, 2007, the United States District Court, D. Arizona found the defendants guilty of 8 counts: *Count 1: Conspiring to violate 18 U.S.C. § 1037(a)(3) and 18 U.S.C. § 1037(a)(4) from the CAN SPAM Act *Count 2 and 3: Violating two of the CAN SPAM Act’s provisions, 18 U.S.C. § 1037(a)(3) and 18 U.S.C. § 1037(a)(4), for falsifying email header information including the "from" field〔〔 and registering domain names using false information, respectively *Count 4-7: Violating 18 U.S.C. § 1462 and 18 U.S.C. § 1465, for transporting obscenity and transporting obscenity with the intent of commerce, respectively. The defendants were charged with violations for each of two specific obscene pictures that their company had sent out as an advertisement. *Count 8: Violating 18 U.S.C. § 1956 for money laundering due to moving money obtained from their illegal spamming business overseas in an attempt to conceal its origin Following their conviction, Kilbride and Schaffer moved for acquittal or a retrial based on a number of arguments involving jury instructions and evidence pertaining to the obscenity charges. The District Court rejected these arguments and denied their motion.〔 Subsequently, Kilbride and Schaffer appealed to the Ninth Circuit Court of Appeals (this case), arguing that:〔 *The jury instructions for determining obscenity were flawed *The relevant sections of the CAN SPAM Act are overly vague, and therefore unconstitutional *There is a clerical error causing counts 1-3 to be listed as felonies, when they should be misdemeanors *If the preceding appeals are successful, the count of conspiracy money laundering is invalid, because it no longer has a prerequisite felony charge *An obstruction of justice charge against Kilbride was in error 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Kilbride」の詳細全文を読む スポンサード リンク
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