First Spam Felony Conviction Upheld

The Virginia Supreme Court has upheld a decision sending spammer Jeremy Jaynes to prison for nine years.

Spammers beware: despite some doubt that the first spammer to ever be convicted under the 2003 CAN-SPAM Act would actually go to jail for his deeds, the former junk mailer will indeed spend time behind bars for his crime. On Friday, the Virginia Supreme Court upheld the decision of a lower court [PDF] to sentence Jeremy Jaynes to nine years in prison.

The court wrestled with whether or not the state law banning unsolicited bulk e-mail violated the First Amendment, and ended up producing a split 4-3 ruling. While the majority saw spam as a nuisance and a threat to commerce, dissenting justices believed the laws were too broad and could infringe on First Amendment rights by blocking speech explicitly protected, such as petitions against the government or promoting religion.

Jaynes’ lawyers also attempted to prove that the case violated interstate commerce laws by regulating business outside Virginia, since Jaynes resided in a North Carolina. But because Jaynes’ emails went through an America Online server in Virginia, the justices found the case within their jurisdiction.

Jaynes’ conviction stemmed from a three-day period in 2003 when he sent over 53,000 unsolicitied e-mails, although authorities believe he was active at other times as well.  Prosecutors theorized that his business brought in $750,000 a month when in full swing.