Convicted Spammer Claims Anti-Spam Law Is Unconstitutional

from the well,-he-would-say-that,-wouldn't-he dept

A few years ago, the state of Virginia convicted a notorious spammer under its state anti-spam laws, and sentenced him to nine years in prison. The spammer, Jeremy Jaynes has been appealing the decision ever since, without much luck. Last year, an appeals court upheld the conviction and noted that a nine year sentence didn't seem excessive. However, it appears Jaynes is now trying a totally different route to fighting the conviction: claiming that Virginia's anti-spam law is unconstitutional. The idea is that it violates first amendment free speech rights by banning even spam that's non-commercial in nature. The state, however, is responding that the law doesn't ban any kind of speech at all -- but it does ban falsifying information in order to trespass on others' systems for the sake of advertising. There may actually be a fairly fine line that's worth distinguishing here between banning the specific kind of speech and whether or not the "speaker" is falsifying information in order to get across that speech. It seems unlikely that the courts will rule against the anti-spam law, but if it does it would be interesting to see if spammers in other states follow suit.

Filed Under: constitution, jeremy jaynes, punishment, spam, spam laws, virginia


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  1. identicon
    Charles Griswold, 13 Sep 2007 @ 9:48am

    Re: Right to bear arms as well...

    Right to bear arms as well ... but that doesn't mean that we can bear them in public!
    Actually, it does. When the Constitution says that "the right of the people to keep and bear arms shall not be infringed", it means exactly that. Laws against bearing arms in public infringe on our right to bear arms. If it is really necessary to curtail our Constitutionally guaranteed rights, the correct way to do it is through Constitutional amendments, not through laws that violate the Constitution.

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