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Va. court overturns N.C. man's spam conviction

Posted September 12, 2008

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— The Virginia Supreme Court on Friday declared the state's anti-spam law unconstitutional.

The unanimous ruling reversed the conviction of a Raleigh man once considered one of the world's most prolific spammers. The court agreed with Jeremy Jaynes' claim that the anti-spam law violated free speech protections under the First Amendment.

In 2004, Jaynes became the first person in the country to be convicted of a felony for sending unsolicited bulk e-mail. Authorities claimed Jaynes sent up to 10 million e-mails a day from his home. He was sentenced to nine years in prison.

Jaynes was charged in Virginia because the e-mails went through an America Online server there.


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  • HappyGirl08 Sep 12, 2008

    Well, I suppose that if you think about it, spam could be free speech, but its still annoying. I can't believe he got 9 yrs for it though. He could have gone down the road and killed someone and gotten less time. Geez

  • dougdeep Sep 12, 2008

    Well, no one sends spam directly anymore. Now most of it happens via spyware/malware infecting computers. Millions of people who fail to maintain their computers hold some responsibility for the spam problem. I'm surprised more ISPs don't block access to computer infected with this software.

  • animaenagerie Sep 12, 2008

    How about harassment? Isn't that still a crime?

  • Scubagirl Sep 12, 2008

    "Well, hopefully he was in prison for enough time to get him to never consider e-mailing spam again."

    he'll probably send even more now as a pay-back

    And I like fishmans idea

  • Fishman Sep 12, 2008

    Hopefully there is someone out there who will send the Virginia Supreme Court Justices 10 million e-mails for Viagra. Let's see how they like it!

  • bottleworks Sep 12, 2008

    Well, hopefully he was in prison for enough time to get him to never consider e-mailing spam again.

  • Mr. Keeping It Real Sep 12, 2008

    What about our right to privacy? Oh that's right - law abiding citizens are not protected any more, only the criminals!

    Wake up and smell the SPAM frying Judge!

  • IzzMad2016 Sep 12, 2008

    Spam. I love Spam. A fried Spam sandwich is about as good as it gets.

    Oh wait......wrong Spam.