The answer is maybe, as it depends on the nature of the spam and if it causes measureable harm to the recipient. The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) of 2003 was an attempt by the federal government to regulate spam emails and assert federal control over marketing emails. The enforcement of this law however, has been spotty, but the CAN-SPAM Act allows for private litigation to be taken by Internet Service Providers against spammers.
Since this legislation passed, the US government has been keen on prosecuting spammers that send unsolicited pornographic images, as well as those that send spam emails as part of a larger criminal enterprise. The financial penalties have been severe, generally with unprecedented orders to forfeit property and a slew of criminal charges, including conspiracy to commit fraud, money laundering and tax evasion.
Compliance with the CAN-SPAM Act is almost unheard of for those that send spam emails, but when spammers are prosecuted, the provisions of this act will be applied to their trial.
If you are under investigation by the government for sending spam emails in New York, a New York computer crimes lawyer is your best option at mounting a criminal defense.
To speak with our lawyers, contact us without delay, at 212 577 6677.