The FTC claimed that the spam did not come with the "SEXUALLY-EXPLICIT:" warning in the messages' subject headings, as required by the CAN-SPAM Act, and that the messages violated several other components of the year-old anti-spam law.
The five men, four of whom controlled an interlocking network of six companies, are forbidden from sending out additional spam under a temporary restraining order, and their assets, as well as those of the companies they run, have been frozen.
"Spammers beware! The law gives consumers a tool to control what comes into their inboxes," said Lydia Parnes, the acting director if the FTC's Bureau of Consumer Protection in a statement.
The FTC will seek some sort of redress for consumers -- who also were fraudulently told that the porn sites advertised were free -- and a permanent injunction against further spamming. The men could, for instance, be forced to return any money they may have made from the scheme.
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