Jeremy Jaynes, the first spammer to be sent to jail after being convicted of sending spam emails, just got a bit of a reprieve. He was reported to have at one point been sending out hundreds of thousands of emails per day and was originally convicted of spamming under Virginia law. However, lawyers claimed that the law in question was unconstitutional as it prevented Jaynes’ right to free speech. This all happened several years ago.
A few days ago (September 12, 2008) that law was struck down by the Supreme Court of Virginia for that very reason. The court decided that the law was too broad, and therefore would be too easy to apply in cases other than what it was intended. In an interesting footnote: Jaynes lived in North Carolina but was prosecuted in a Virginia court because that was the location of the servers that he used (abused) to send out his spam. Here’s part of what the court said in issuing its decision:
The justices declared Virginia’s tough Anti-SPAM Act of 2003 unconstitutional because it bars all anonymous, unsolicited bulk e-mails, including those containing political, religious or other protected speech.
Jaynes won’t be let out of prison just yet, as he’s still serving time for a fraud case that was apparently unrelated to his original conviction for spam. Here’s another bit of a quote from the news article:
The Virginia attorney general’s office argued that Jaynes did not have standing to challenge the constitutionality of the law and that, in any case, deceptive speech, as opposed to anonymous speech, is not constitutionally protected.
I don’t know how far-reaching this will be, as this has no impact on the Can Spam Act of 2003 since his conviction took place before that law was passed. Still, it is more than a little frustrating to have so much documentation (he was caught with compact discs with millions of email addresses, the domains in question were registered with a credit card belonging to his sister) and yet not have any justice. At one point he was listed as the 8th most active spammer in the world.
I guess that’s something his mother can be proud of.
Related Links
- Virginia Supreme Court strikes down state’s anti-spam law
- Wikipedia article on the CAN SPAM Act of 2003