Felony conviction for spammer stands
RICHMOND, Va. (AP) - February 29, 2008 Jeremy Jaynes of Raleigh, N.C., considered among the world's top
10 spammers in 2003, was convicted of massive distribution of junk
e-mail and sentenced to nine years in prison.
Almost all 50 states have anti-spamming laws. In the 4-3 ruling,
the court rejected Jaynes' claim that the state law violates both
the First Amendment and the interstate commerce clause of the U.S.
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."
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 allegedly used aliases and false Internet addresses to
bombard Web users with junk e-mails peddling sham products and
services. The court's majority said misleading commercial speech is
not entitled to First Amendment protection.
"Unfortunately, the state that gave birth to the First
Amendment has, with this ruling, diminished that freedom for all of
us," Jaynes' lawyer, Thomas M. Wolf, 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."
Prosecutors presented evidence of 53,000 illegal e-mails Jaynes
sent over three days in July 2003. But authorities believe he was
responsible for spewing 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."