March 3, 2008 -- (WEB HOST INDUSTRY REVIEW) -- A divided Virginia Supreme Court ruled on Friday that the conviction of a notorious North Carolinian spammer does not violate free-speech rights.
Jeremy Jaynes of Raleigh, North Carolina was found guilty of massive distribution of junk email, resulting in a nine year prison sentence. Nearly all 50 states, including Virginia, currently have anti-spamming laws. The court ruled 4-3 against Jaynes' claim that the state law violates both the First Amendment and the interstate commerce clause of the US Constitution.
Considered among the world's top 10 spammers in 2003, Jaynes allegedly adopted aliases and fake Internet addresses to inundate Web users with emails soliciting products and services. The court deemed this practice as misleading commercial speech, and therefore, does not apply to First Amendment protection.
Despite prosecutors presenting evidence of 53,000 illegal emails Jaynes sent over three days in July 2003, authorities believe he had sent out a staggering 10 million emails a day in a business that grossed up to $750,000 per month. Since the emails were processed through an AOL server in Loudoun County, Jaynes was charged in Virginia.
