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03 Mar 2008
A court in Virginia has struck down a spammer's appeal that his conviction violated his rights to free speech.
Jeremy Jaynes was named as one of the world's top 10 spammers in 2003 by watchdog Spamhaus, and was estimated by prosecutors to be pumping out 10 million emails a day netting him $750,000 per month.
Jaynes was convicted in 2004 of sending unsolicited emails with forged headers and sentenced to nine years in prison. He remains free on $1m bail and his last attempt to evade jail is an appeal to the US Supreme Court.
"This is an historic victory in the fight against online crime," said Virginia State Attorney General Bob McDonnell.
"Spam clogs email inboxes, destroys productivity, defrauds citizens and threatens the online revolution that is so critical to Virginia's economic prosperity."
However, the vote was very close as four judges voted for rejection and three opposed.
Justice Elizabeth Lacy wrote in a ruling that the law is "unconstitutionally overbroad because it prohibits the anonymous transmission of all unsolicited bulk email including those containing political, religious or other speech protected by the First Amendment to the US Constitution".
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Do you agree?
Scumbag
I think that pretty much says it all. If he's defrauding the system then he should be charged with fraud. It's not freedom of speech, what a crock! It has nothing to do with saying something that is someone's opinion, it is clogging a mailbox with unwanted junk mail. What the problem is here is that we can't send it back to him & clog his bcoz he's passed a bogus IP to his email. May he rot in jail. Scumbag!
Posted by: Rex Alfie Lee 04 Mar 2008
At last, some justice
I feel so strongly on this issue that I've registered here to do it - the first time despite there being HUNDREDS of bits of news I wanted to comment on before. Jaynes should take note of that - its not just peoples opinion that count, but the sheer *strength* of their opinion. Mr Jaynes, I would like to see you hanged. No, honestly, I'm not kidding. I think it would be a great deterrent to other spamming lowlifes, and would also be an appropriate punishment for you. Sound a bit extreme? Not at all, chum. You cram up my inbox, no matter whether I want it or not, and when someone challenges you on that you bizarrely claim its your *right* to spam me! What the hell happened to my 'right' not to have to go through piles of junk sent by you? There are many people who are reviled by society. Estate agents, law firms, parking wardens, etc etc. Right at the very bottom of the food chain is, by tradition, those who abuse children. One tiny infintesimal fraction above that is you. The nine years you got is nowhere *close* to enough. I hope you serve every damn day of it, and are that you get some more time while you're in there. The article doesn't mention whether or not you'll be fined any of the money you made, but I hope they take every dime. If not, may I be the first to wish that someone robs you of it at the very earliest opportunity. There, I feel heaps better. Hey, are you getting any idea of how much people despise you yet? :o)
Posted by: Mike D 03 Mar 2008