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Supreme Court of Canada to Hear Criminal Spam Case
The Supreme Court of Canada has granted leave to appeal in R. v. Hamilton, one of the first criminal cases involving spam. In this case, the accused, Mr. Hamilton, was charged under s. 464 of the Criminal Code with counseling the following indictable offences which were not committed: making explosive substances with intent, doing anything with intent to cause an explosion, break and enter with intent, and fraud through dissemination of a credit card number generator. Mr. Hamilton had created a website to sell articles on how to commit these offences and emailed an advertisement to 300 to 500 people whose addresses he had obtained from published lists. This case is on appeal from the Alberta Court of Appeal.
For the SCC press release, visit:
http://www.lexum.umontreal.ca/csc-scc/en/com/2004/html/04-04-01.3a.html
For a copy of the Court of Appeal decision, visit:
http://www.albertacourts.ab.ca/jdb/1998-2003/ca/Criminal/2003abca0255.pdf