Virginia Supreme Court strikes down Virginia anti-spam law; Jeremy Jaynes will possibly go free
This just in from the Washington Post: Va. Supreme Court Strikes Down State's Anti-Spam Law
Background: In 2006, I reported (prematurely, it turns out) that porn and fraud spammer Jeremy Jaynes had lost his appeal after having been convicted under the Virginia anti-spam law which prohibited fradulent header information in spam.
Today, the Washington Post story reports that the Virginia supreme court has ruled that a person's constitutional right to anonymity overrides the anti-spam law.
Does this mean Jaynes will go free? It's too early to tell; it may still be possible to prosecute him for stock and other fraud.
More importantly, what does this do to other anti-spam laws, including CAN SPAM? It's too early to tell, and I'm not a lawyer anyway, but it seems to me that this could have repercussions on the provisions of CAN SPAM which require that the spammer provide truthful contact information.
Background: In 2006, I reported (prematurely, it turns out) that porn and fraud spammer Jeremy Jaynes had lost his appeal after having been convicted under the Virginia anti-spam law which prohibited fradulent header information in spam.
Today, the Washington Post story reports that the Virginia supreme court has ruled that a person's constitutional right to anonymity overrides the anti-spam law.
Does this mean Jaynes will go free? It's too early to tell; it may still be possible to prosecute him for stock and other fraud.
More importantly, what does this do to other anti-spam laws, including CAN SPAM? It's too early to tell, and I'm not a lawyer anyway, but it seems to me that this could have repercussions on the provisions of CAN SPAM which require that the spammer provide truthful contact information.
11:30 AM |
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1 Comments:
This decision is unlikely to affect anyone other than Jaynes. Even his lawyer said that if he'd done what he did after 1/03 when CAN SPAM came into effect, he'd have been caught by CAN SPAM.
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