For the first time in Russia, a spammer is held accountable for spamming.
The Perm business class newspaper Business Class writes about the first precedent in Russia for bringing a spammer to administrative responsibility for the fact of sending unsolicited advertisements to them. Previously, due to the imperfection of the legislation, it was possible to condemn spammers in our country only for related offenses: the creation of Trojan programs, the offensive content of letters, etc. This Friday will be the consideration of the case of a resident of Perm, who sent about 7.5 thousand advertising messages. The Federal Antimonopoly Service, which filed a lawsuit, expects to fine the defendant up to 20,000 rubles for violating the law “On Advertising”, in which the definition of “spam” appeared only last year. The law considers as spam "an e-mail intended for an indefinite circle of persons, delivered to a subscriber or user without his prior consent and not allowing the sender of this message to be identified, including due to the indication in it of a non-existent or falsified sender address."
Despite claims of success, FAS still does not disclose the details of the case, fearing that the spammer will be able to find some loophole in the law. This is not surprising, since all that the prosecution could have caught on was that the addressees did not give their consent to receive advertising. However, if the party of the supervisory authority is taken by the court, the judges considering other similar cases will probably rely on his decision.