VA Supreme Court Upholds Felony Spam Conviction

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News Posted: Tue, Mar 4 2008 9:43 AM

In 2004, Jeremy Jaynes was the first person to receive a felony conviction in Virginia for sending Spam.  He got nine years in jail. His case has made its way through the state court system, losing all the way; and now in a closely divided decision, The Virginia Supreme Court has ruled that the only Spam Jaynes will be allowed to enjoy is in the prison cafeteria.

Virginia's law prohibits sending unsolicited bulk e-mail by fraudulent means, such as changing the header or routing information to prevent recipients from contacting or determining the identity of the sender.

The decision against Jaynes was not unanimous. The Virginia Supreme Court ruled 4-3 against Jaynes. Justice Elizabeth Lacy wrote in a dissent that the law is "unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mail, including those containing political, religious or other speech protected by the First Amendment to the United States Constitution."

It's possible that such a case might make it to the Federal Supreme Court someday over the free speech issue, but it's unlikely that spammers are going to be let off the hook. Almost all Spam is masquerading in some way to get past your filters. You have the right to yell FIRE! in a crowded theater if the theater is actually on fire. You're not allowed to do it to get people out in the lobby to look at your snack bar.




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I hate spammers, and I know this guy was especially excessive, but 9 years?  I never get the years handed out for certain sentances.  8 years wouldn't be enough, why?  I think even a full 12 months would stop him from doing it again.  But it sets a good example!

Hello

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Kamrooz replied on Tue, Mar 4 2008 11:14 AM

God I hate spam.....HATE IT. I always make sure to make 2 e-mail addies for myself. One I use for my forums, shopping, etc. The other for anything else to avoid spam..It never works though =P...lol...I still end up getting thousands of spam e-mails a day. Thank god for Gmail =P...blocks almost all of them. 

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wolf2009 replied on Tue, Mar 4 2008 11:36 AM

 what exaclty are we classifying as spam that this guy sent ? spam emails ?

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I think he deserved every bit of it. He'll be out in probably 3-4 years anyway. Now they just need to crack down on the telemarketers. I get 1 in particular that drives me nuts. It's from toyota about my extended warranty being up. I get atleast 1 call a day and it's always a recording from a different #. this has been going on for 2 months now. Now they are calling my work cell in addition to my personal cell. I don't even know how they got that #

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Kamrooz replied on Tue, Mar 4 2008 2:08 PM

nelsoncp21:

I think he deserved every bit of it. He'll be out in probably 3-4 years anyway. Now they just need to crack down on the telemarketers. I get 1 in particular that drives me nuts. It's from toyota about my extended warranty being up. I get atleast 1 call a day and it's always a recording from a different #. this has been going on for 2 months now. Now they are calling my work cell in addition to my personal cell. I don't even know how they got that #

 

I HATE telemarketers man. We get atleast 8 or 9 telemarketing calls a day...MINIMUM. It's annoying as all hell. I even put ourselves on the do not call list...and we still get called repeatedly, and it's even been over the month timeframe that it takes to kick in. So damn annoying. >_<...

Have you ever heard of someone named "Tom Mabe"? He does the funniest prank calls...Mostly Telemarketer based when they call. =P

 http://www.youtube.com/watch?v=J5z4Vs26-TI

You can youtube search for more of his works =P. 

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 Death to the spammers!

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