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Sentence Spam Convicted Maintains

The Virginia Supreme Court affirmed the sentence against the first convicted spammer in the USA, saying anti-spam laws do not violate freedom of speech.

Jeremy Jaynes of Raleigh, N.C was one of the world top spammers in 2003. The case he was convicted in was built on a single action where he produced 53,000 emails in 3 days in July 2003. He was sentenced to 9 years in jail.

Jaynes said in his defense that his spamming actions do not fall under anti-spam legislation because of freedom of speech guaranteed under the First Amendment.

“Unfortunately, the state that gave birth to the First Amendment has, with this ruling, diminished that freedom for all of us,” the lawyer of Jaynes, Thomas M. Wolf said. “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.”

State Attorney General Bob McDonnell: “This is a historic victory in the fight against online crime. 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.”

Category: Hack, IRC
Tag: , ,
  • katsklaw says:

    Sorry, but I must ask .. what does this have to do with IRC?

    As far as the First Amendment goes, there is only the mention of the right to freedom of speech, but it never defines what freedom of speech is. The Amendment is literally 4 sentences long and is very convoluted.

    As far as the constitution for the US goes, it’s upheld in the spirit of how it was to be viewed, not a verbatim law and I highly doubt that the authors of the Constitution ever meant for people to be allowed to anonymously hound the piss out of others with their product offerings. Chalk 1 up for Virginia.

    Useless trivia, The state of Virginia was named after the first child born in the “new world”, a girl named Virginia.

    October 29, 2008 at 12:43 pm
  • katsklaw says:

    ok I was wrong about the naming, apparently more people believe it was named by Elizabeth I the “virgin queen” in 1584, however the first child to English parents was Virginia Dare born in 1587.

    October 29, 2008 at 12:43 pm
  • Kein says:

    [quote]what does this have to do with IRC?[/quote]

    Hmm.. because IRC is a chat?

    October 29, 2008 at 12:44 pm
  • Asmo says:

    I know this was borderline katsklaw. But as you know I have a high interest in online security, and when those abuse other people online, whether it be DDoS, IRC related, or something else, I’d like to make mention of it. The less of these types a around, the saver and more fun IRC will be as well :)

    October 29, 2008 at 12:45 pm
  • katsklaw says:

    Kein, re-read the article, the term “chat” nor “IRC” do not appear anywhere in it .. it’s a email spammer that got pinched.

    Asmo, I agree completely. It’s just I’ve seen you deny stories passed to you in the past that has something to do with on-line security in the form of a predator getting pinched for trolling on an anonymous chat system that was closer related to IRC than this and you denied it because the article never mentioned IRC.

    October 29, 2008 at 12:47 pm
  • Asmo says:

    Hmm I seem to remember something related to ICQ or some similar protocol. Excuses katsklaw, I don’t have a list besides my computer with rules on what to write about or not. Its all decided on the moment by a mix of interest, relevance and available time, in no particular order ;)

    October 29, 2008 at 12:48 pm
  • katsklaw says:

    [quote comment="52"]Hmm I seem to remember something related to ICQ or some similar protocol. Excuses katsklaw, I don’t have a list besides my computer with rules on what to write about or not. Its all decided on the moment by a mix of interest, relevance and available time, in no particular order ;) [/quote]

    Well, I’m really sorry for sounding critical, but I was under the assumption this was an IRC related news site, not a “fly by the hip, I’ll post what I think might be interesting site”.

    Please forgive me if I seem rude. I’m truly not trying to be, just a little constructive criticism. Every professional and reputable new source I’ve seen has a strict set of guidelines by which they report. I thought perhaps that would be one of your goals as well.

    Anyway, I’ll shut-up and let you report as you like. :)

    October 29, 2008 at 12:50 pm

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