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Spammer walks free in Virginia
State court overturns ruling in Jaynes case
Shaun Nichols in San Francisco, vnunet.com13 Sep 2008
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The Virginia supreme court has overturned the conviction of infamous spammer
Jeremy Jaynes.
Jaynes had been convicted in 2005 of violating the state's anti-spam law,
which prohibited the sending of unsolicited bulk emails.
At the time of his arrest, the North Carolina resident was said to be among
the world's 10 most prolific spammers, allegedly sending some 10 million emails
every day through AOL email servers.
Jaynes conviction gained national attention because it was the first such
conviction for a spammer. Since then, several other so-called "spam kings" have
been charged or
sued
for
their
actions.
In May, a court had
rejected
Jaynes's appeal by a narrow margin. The latest decision, however, reverses
the conviction and overturns the 2003 law.
The judges ruled that because the law does not discern between commercial and
other forms of mass email, it places an unconstitutional restriction on free
speech.
"That statute is unconstitutionally overbroad on its face because it
prohibits the anonymous transmission of all unsolicited bulk emails including
those containing political, religious or other speech protected by the First
Amendment to the US Constitution," the court said in its ruling. "Accordingly,
we will reverse the judgment."
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