"These protocols alone are not effective in identifying spam because spammers are doing what they always have, adapting in order to circumvent measures aimed at stopping spam, " said Paul Judge, chief technology officer at CipherTrust.
The announcement came from Chief Warrant Officer Terrence Misich, several hours into a hearing called so that a federal judge could determine the best way to proceed in recovering the missing e-mails.
This request for dismissal came a few weeks after judge Carney threw out charges on 21 counts of options backdating and securities fraud against Nicholas and former Broadcom chief financial officer William Ruehle.