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.”