Jail-Term Conviction Marks New Advance In Spam Crackdown; Legal Implications Are Rising; An EarthLink investigation paved way for New York trial of "Buffalo Spammer'.(INTERNET & TECHNOLOGY)

Byline: DONNA HOWELL

Sending junk e-mail is likely about to send a spammer behind bars.

In one of the first spam-related criminal cases involving jail time, a Buffalo, N.Y., jury on Wednesday convicted Howard Carmack of 14 felony and misdemeanor counts. Because he already had a criminal record, the so-called Buffalo Spammer faces a mandatory jail term of up to seven years.

"Quite frankly, my client is in shock," said defense attorney Wayne Felle.

But will this case, as well as a high-profile one in Virginia, and other legal actions curb much spam?

Maybe not, say analysts, who note that spam can originate overseas. But criminal convictions will at least pave the way for a wider crackdown, some attorneys say.

"This is a sign of what I think will be a much larger wave of criminal prosecutions," said Felle. "The area is in its infancy, and prosecutors are starting to look into these issues."