Virginia Supreme Court Upholds Spammer Conviction

RICHMOND, Va. — On Friday, the Virginia Supreme Court upheld the first felony conviction for spamming against Jeremy Jaynes, once listed as the eighth worst spammer in the world by The Spamhaus Project Registry of Known Spammer Organizations.

Jaynes was convicted in 2004 by the Loudoun County Circuit Court on three counts of violating Virginia’s Anti-Spam Act, which became law in 2003. Prosecutors in the case accused Jaynes of using AOL’s private computer network, which is located in Virginia, to send millions of spam advertisements. The judgment against Jaynes was the first felony conviction under the antispamming laws.

The conviction was appealed, but in September 2006, the Virginia Court of Appeals upheld the constitutionality of the Anti-Spam Act, and now the Virginia Supreme Court has followed suit.

Jaynes’ attorneys argued that the Anti-Spam Act violates the First Amendment as well as the interstate commerce clause of the U.S. Constitution. However, the Virginia Supreme Court voted 4-3 to uphold the lower courts’ ruling.

"Unfortunately, the state that gave birth to the First Amendment has, with this ruling, diminished that freedom for all of us," Jaynes' attorney Thomas M. Wolf said. "As three justices pointed out in dissent, the majority's decision will have far-reaching consequences. The statute criminalizes sending bulk anonymous email, even for the purpose of petitioning the government or promoting religion."

At his original trial, Jaynes was accused of sending 53,000 illegal emails over a three-day period, but authorities believed that he was responsible for sending 10 million unsolicited emails a day, and taking in profits of more than $750,000 a month.

The Supreme Court ruling in Virginia may have an effect on the upcoming trial of spammer Robert Soloway. Prosecutors have accused Soloway, who was arrested in May, of sending millions of unsolicited emails through the use of “zombie” computers that were infected with botnet software.

Soloway also faces charges of fraud and identity theft charges, which could result in jail time. The U.S. District Attorney is seeking nearly $800,000 in fines for the spamming violations.

Despite prosecutions by authorities, spam accounted for nearly 75 percent of emails sent during November 2007, which marked a yearly high, according to monitoring by Internet security provider Symantec.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More