Sunday, March 02, 2008

Court: Spamming Not Protected by Constitution

via physorg:

A divided Virginia Supreme Court affirmed the nation's first felony conviction for illegal spamming on Friday, ruling that Virginia's anti-spamming law does not violate free-speech rights.

Jeremy Jaynes of Raleigh, N.C., considered among the world's top 10 spammers in 2003, was convicted of massive distribution of junk e-mail and sentenced to nine years in prison.

...

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."

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