The Lompoc Record is reporting that Jeffery Kilbride has escaped from the minimum security federal lockup.
Kilbride was convicted in 2007 of offenses primarily related to the CAN-SPAM Act. Among the things that were apparently included was an allegation that Kilbride and his partner had impaired the ability to track them down by using false contact information. In their argument to the 9th Circuit, they alleged that the standard to which they were being held would result in the CAN-SPAM Act making the use of privacy proxies in domain registrations illegal under US law. The court’s response here was priceless:
We fail to perceive any vagueness on this point. Based on the plain meaning of the relevant terms discussed above, private registration for the purpose of concealing the actual registrant’s identity would constitute “material falsification.” Defendants assert that many innocent people who privately register without the requisite intent may be subject to investigation for violation of § 1037 until their intent can be determined, allowing for abuse by enforcement authorities. This may be so, but it does not make the statute unconstitutionally vague.
The court ended up affirming Kilbride’s 78 month (6.5 year) sentence. It would appear that Kilbride was approximately half way through that sentence when he decided to give himself an early parole.
According to the Lompoc Record‘s account, he was last seen in a white, four door sedan.
UPDATE: The Santa Maria Times reports that Kilbride has turned himself in and is back in custody. Looks like he was gone for only about a day.
[acp add author=”9th Circuit Court of Appeals” url=”http://scholar.google.com/scholar_case?q=us+v+kilbride&hl=en&as_sdt=6,44&case=17927549797826193178&scilh=0″ title=”USA v. Kilbride” year=”2009″ month=”October” day=”28″ media=”website” publisher=”Google Scholar”]
[acp add author=”Lompoc Record Staff” title=”Inmate escapes from Lompoc federal prison camp” id=”Lompoc-01″ title_periodical=”Lompoc Record” year=”2013″ month=”December” day=”27″ url=”http://www.lompocrecord.com/news/local/inmate-escapes-from-lompoc-federal-prison-camp/article_17b44ffe-6f69-11e3-81cd-001a4bcf887a.html” media=”newspaper”]
[acp add author=”Mickey Chandler” title=”Use private domain registration and go to jail?” media=”blog” publisher=”Spamtacular” year=”2009″ month=”November” day=”4″ url=”http://www.spamtacular.com/2009/11/04/use-private-domain-registration-go-jail/”]
[acp add author=”Janene Scully” title=”Lompoc inmate back in custody” title_periodical=”Santa Maria Times” media=”newspaper” year=”2013″ month=”December” day=”31″ url=”http://santamariatimes.com/news/local/crime-and-courts/lompoc-inmate-back-in-custody/article_7556bc1c-71f0-11e3-a5d1-0019bb2963f4.html”]
About the Author
Mickey is a Consultant & Attorney with over 28 years of experience in Email Deliverability & Privacy Law. He has a strong background in email authentication infrastructure (SPF, DKIM, DMARC), ISP and mailbox provider relations, anti-spam policy and compliance, CAN-SPAM and state anti-spam law gained through overseeing the Abuse & Compliance team at Salesforce Marketing Cloud, originating the ISP relations role at Informz (now part of Higher Logic), and working in the fight against spam since 1997. He holds a B.A. in Government, a B.S. in Computer Information Systems, and a J.D. from the University of Houston Law Center. He is a certified CIPP/US professional and a certified CIPM professional.
