The Spam Diaries

News and musings about the fight against spam.
 by Edward Falk

Friday, September 12, 2008

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.

2 Comments:

Anonymous John Levine said...

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.

1:31 AM  
Blogger lillian said...

I recently came across your blog and have been reading along. I thought I would leave my first comment. I don't know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.


Sarah

http://adoptpet.info

8:50 PM  

Post a Comment

Links to this post:

Create a Link

<< Home