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Divided Va. high court affirms prolific spammer's conviction

By The Associated Press
03.03.08

RICHMOND, Va. — A closely divided Virginia Supreme Court has upheld a conviction in the nation's first felony case against illegal spamming, ruling that the state's anti-spamming law does not infringe on free-speech rights.

Jeremy Jaynes of Raleigh, N.C., was considered among the top 10 spammers in the world when he was charged in 2003. He was convicted of violating Virginia's law banning the massive distribution of junk e-mail and was sentenced to nine years in prison.

In a 4-3 ruling in Jaynes v. Commonwealth of Virginia, the Supreme Court rejected Jaynes' claim that the state law violates the First Amendment and the interstate commerce clause of the Constitution.

"This is a historic victory in the fight against online crime," state Attorney General Bob McDonnell said in a written statement. "Spam not only clogs e-mail inboxes and destroys productivity; it also defrauds citizens and threatens the online revolution that is so critical to Virginia's economic prosperity."

According to prosecutors, Jaynes used aliases and false Internet addresses to bombard Web users with junk e-mails peddling sham products and services. On Feb. 29, the Supreme Court's majority said misleading commercial speech is not entitled to First Amendment protection.

However, Justice Elizabeth Lacy wrote in a dissent that the law is "unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mail including those containing political, religious or other speech protected by the First Amendment to the United States Constitution."

Jaynes' lawyer, Thomas M. Wolf, said the dissent made some compelling points.

"Unfortunately, the state that gave birth to the First Amendment has, with this ruling, diminished that freedom for all of us," he said in a written statement. "As three justices pointed out in dissent, the majority's decision will have far reaching consequences. The statute criminalizes sending bulk anonymous e-mail, even for the purpose of petitioning the government or promoting religion."

In Jaynes' case, prosecutors presented evidence of 53,000 illegal e-mails sent over three days in July 2003. However, authorities believe Jaynes was responsible for spewing out 10 million e-mails a day in an enterprise that grossed up to $750,000 per month.

Jaynes was charged in Virginia because the e-mails went through an AOL server in Loudoun County, where America Online is based.

The court rejected Jaynes' claim that Virginia's law violates the interstate commerce clause because it regulates activity outside Virginia. Justice Steven Agee wrote that "the effects of this statute on interstate commerce are incidental and do not impose an undue burden."

Almost all 50 states have passed anti-spamming laws.


Previous
Va. appeals court upholds mega-spammer's conviction
Judges find state has 'legitimate public interest' in policing unsolicited e-mail, law's impact on interstate commerce 'is incidental and clearly not excessive.' 09.06.06

Related

L.A. man first in U.S. convicted under federal anti-spam law

Jeffrey Brett Goodin faces up to 101 years in federal prison after being found guilty of running 'phishing' scheme. 01.18.07

Spam

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