Million Dollar Spam
By Bob McDonnellIn November 2004, a Loudoun County jury convicted spammer Jeremy Jaynes, known as one of the worst spammers in the world, of violating Virginia’s Anti-Spam Act. He was sentenced to nine years in prison. His global fraud had netted millions of dollars for him, as well as a mansion and other homes. This marked the first felony conviction in a spam case in the United States, and the case received international attention.
Jaynes did not engage in political or religious speech, which is protected by the First Amendment. Rather, he sent commercial spam, peddling things like a “penny stock picker” and an “Internet history eraser.” And by falsifying e-mail routing information through private Internet service providers like AOL, Jaynes’ spam constituted an illegal intrusion on private property.
Virginia’s groundbreaking Anti-Spam Act prohibits the sending of unsolicited bulk e-mail by fraudulent means, such as changing the header or routing information to prevent recipients from knowing the identity of the sender.
A few months ago, the Virginia Supreme Court invalidated Virginia’s anti-spam law, saying it was unconstitutional in hypothetical circumstances such as when political or religious speech is involved. I have asked the U.S. Supreme Court to reinstate this law. (Meanwhile, Jaynes is currently serving a federal prison sentence on other charges that were brought to light during this spam investigation.) A decision on this petition is expected in early 2009.
Through their actions, spammers defraud our citizens and impede electronic commerce. The Internet and its great expansion of free enterprise and information flow should not be undermined by large-scale spam operations. I hope the U.S. Supreme Court will grant this petition and uphold Virginia’s landmark statute.
Consumer protection is an important statutory duty of the Office of the Attorney General, and our staff can help. In an age of increased consumer issues, we all must continue to be educated and vigilant.
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