Court overturns Virginia spam law, sides with free speech

Conviction against spammer Jeremy Jaynes overturned by court.

The Virginia Supreme Court has overturned a state antispam law and the 2004 conviction of long-time spammer Jeremy Jaynes, saying the law is an overly broad prohibition on anonymous free speech.

The Supreme Court, in a decision released Friday, said the 2003 Virginia spam law didn't distinguish between commercial e-mails and those with political messages, and thus was an overly broad prohibition on free speech protected by the First Amendment of the U.S. Constitution.

Jaynes was convicted in 2004 and sentenced to nine years in prison for sending millions of unsolicited e-mail messages a day from his home in North Carolina. He was the first person to be convicted of sending illegal spam in the U.S.

The Virginia spam law "prohibits the anonymous transmission of all unsolicited bulk e-mails including those containing political, religious or other speech protected by the First Amendment," wrote Virginia Justice G. Steven Agee in the opinion.

The Virginia law allowed jail sentences for spammers if they altered e-mail headers or other routing information and attempted to send either 10,000 messages within a 24-hour period or 100,000 in a 30-day period. The sender could also be prosecuted if a specific transmission generated more than US$1,000 in revenue, or if total transmissions generated $50,000.

Jaynes' prison sentence was longer than those of other prolific spammers convicted in recent years. In July, "Spam King" Robert Soloway was sentenced to 47 months in prison after pleading guilty to fraud, spamming and tax evasion.

Virginia prosecutors argued the spam law was a trespass law focused on the e-mail servers of companies such as AOL and not a free speech law, but the Supreme Court rejected that argument. The law's prohibition against changing e-mail headers took away the ability of e-mail senders to be anonymous, the court said.

The court also drew a distinction between false and fraudulent header information, when prosecutors used those descriptions interchangeably. False header information doesn't necessarily mean the information is fraudulent, and false information is the only way to protect an e-mail sender's right to be anonymous, the court said.

"Because e-mail transmission protocol requires entry of an IP [Internet Protocol] address and domain name for the sender, the only way such a speaker can publish an anonymous e-mail is to enter a false IP address or domain name," Agee wrote.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags spam

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Grant Gross

IDG News Service
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?