Could spamming a judge send you to jail?

Filed Under: Law & order, Spam

Kevin Trudeau book
A man has appeared in court appealing that he should not have been sentenced to 30 days in jail, after asking his fans and followers to deluge a federal judge with email.

Kevin Trudeau is a controversial book author, infomercial presenter, radio presenter and pusher of alleged alternative medicines. He is entangled in a long-running legal fight with the FTC, who claim that he has misrepresented the facts in adverts for his books which claim to offer natural cures for everything from poor memory to obesity and hair loss.

Earlier this year, he encouraged his admirers to email Judge Robert W Gettleman at the Northern District Court of Illinois, who was overseeing his case.

It turns out that this was less than wise - as Judge Gettleman's computer and BlackBerry were swamped with emails, reportedly making them unusable.

Despite Trudeau posting an apology on his website, urging readers not to attempt further contact with the judge, the court held Trudeau in direct criminal contempt, claiming that by urging his followers to deluge the courthouse with email, he was guilty of harassment, and sentenced the salesman to 30 days in jail.

Message from Kevin Trudeau to followers asking them to stop spamming the judge

So far, Trudeau hasn't had to spend any time in jail - and the appeal being held this week was hearing arguments about whether contempt of court can occur outside of the court's physical presence. After all, the alleged contempt took place "virtually" on the internet.

If nothing else, this case should remind all of us to think carefully about the possible repercussions of requesting a helping hand from potentially thousands of online followers.

About the author

Graham Cluley is senior technology consultant at Sophos. The readers of Computer Weekly voted him security blogger of the year in 2009 and 2010, and he pipped Stephen Fry to the title of "Twitter user of the year" too. Which was nice. He was also named "Best Security Blogger" by the readers of SC Magazine in 2011. You can subscribe to Graham's updates on Facebook, follow him on Twitter and circle him on Google Plus for regular updates.