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Tag Archive: Jeremy Jaynes

Notorious Spammer Freed

At the time Jeremy Jaynes was sentenced to nine years in a federal prison in 2005, he was described as one of the world’s worst spammers, using AOL servers to distribute 10 million spam mails every day.

Today he’s a free man, that conviction overturned by the Virginia Supreme Court, which said that the state’s anti-spam law, under which unsolicited bulk e-mail is considered a felony if it goes to more than 10,000 people in a 24-hour period, violated the First Amendment right to free speech.

In its unanimous ruling the court stated:

First Spam Felony Conviction Upheld

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.

Spammer Sentenced to Nine Years

” Loudoun County Circuit Judge Thomas Horne said that because the law targeting bulk e-mail distribution is new and raises constitutional questions, it was appropriate to defer the prison time until appeals courts rule.

A jury had recommended the nine-year prison term after convicting Jeremy Jaynes of pumping out at least 10 million e-mails a day with the help of 16 high-speed lines, the kind of Internet capacity a 1,000-employee company would need. ”

Read more at Yahoo! News

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