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
    Fear-filled Fool, 13 Sep 2007 @ 10:52am

    Re: 9 YEARS? THEY WENT EASY ON HIM

    We need to kill (at least) a few of them (i am not being facetious).

    I can see nothing useful in keeping spammers alive and using state monies to do it.

    Spammers are, by definition, dishonest theives. They will, in all likelihood, never do anything to "add to the fabric of humanity" - and so, should not be tolerated at any level.

    Life improsonment ought to be reserved for bad folks with at least a few good intentions and skill that can be used "for good instead of evil".

    I say "DEATH TO ALL SPAMMERS". They are entirely useless and only contribute to "global warming". But that's another tirade.

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