First Felony Conviction for Spamming Upheld

By Jimmy Daniels of Windows Tips
Contributing Writer, RealTechNews

Jeremy Jaynes, once considered one of the top 10 spammers in 2003, was convicted of massive distribution of junk email and sentenced to 9 years in jail. It was suspected that he sent 10 million emails a day, earning $750,000 a month from his spamming “business”, and while the conviction was upheld, it was by a vote of 4-3, not overwhelming by any standard.

Justice Elizabeth Lacy wrote in a dissent that the law is “unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mail including those containing political, religious or other speech protected by the First Amendment to the United States Constitution.”

Jaynes allegedly used aliases and false Internet addresses to bombard Web users with junk e-mails peddling sham products and services. The court’s majority said misleading commercial speech is not entitled to First Amendment protection.

“Unfortunately, the state that gave birth to the First Amendment has, with this ruling, diminished that freedom for all of us,” Jaynes’ lawyer, Thomas M. Wolf, said in a written statement. “As three justices pointed out in dissent, the majority’s decision will have far reaching consequences. The statute criminalizes sending bulk anonymous e-mail, even for the purpose of petitioning the government or promoting religion.” Source: Yahoo

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