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Spammers Beware In Virginia-Case To US Supreme Court?

Posted by Bill on March 3, 2008

  wantedspammers_12p.jpg  The Virginia Supreme Court has upheld the country’s first felony spam conviction in a 4-3 ruling, holding that the state’s groundbreaking anti-spam law did not violate the First Amendment.

The majority rejected free speech arguments by Jeremy Jaynes, regarded as the world’s eighth most prolific spammer before he was sentenced to nine years in prison for violating the 2003 law, the Richmond Times Dispatch reports.

The opinion (PDF) said Jaynes was prosecuted for sending almost 46,500 spam e-mails within a three-day period that had disguised his identity as the sender.

See ABA Journal VA Supreme Court

But Jaynes’ attorney said he will ask the US Supreme Court to hear the case. 

Bill Lowrance

President PIAVA

Information Insights Inc.

McLean, VA

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2 Responses to “Spammers Beware In Virginia-Case To US Supreme Court?”

  1. Mike said

    Ok, stop the presses. This is dangerous dangerous dangerous. Lets lock up 65% of society on this anti spam law. I see selective enforcement on this and this is so dangerous in all directions. Virtually any company or person can violate this law any company or person. Bad law all the way around

  2. Bill said

    You may have a point, Mike. One dissenting opinion clearly stated that the court’s interpetation of first amendment rights was overbroad.

    See for a discussion of the case and his thoughts that the US Supreme Court may take the case.

    Bill Lowrance
    President PIAVA

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