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Court Upholds Spammer Verdict
The Washington Times ^ | 9/6/06

Posted on 09/06/2006 8:00:17 AM PDT by steve-b

RICHMOND (AP) -- The Virginia Court of Appeals yesterday upheld the nation's first felony conviction of illegal spamming.

Jeremy Jaynes, of Raleigh, N.C., considered among the top 10 spammers in the world at the time of his arrest, used the Internet to peddle pornography and sham products and services, prosecutors said. Thousands of people fell for his scam, grossing Jaynes' operations up to $750,000 per month, investigators said.

In its unanimous ruling, the appeals court wrote that Virginia has a "legitimate public interest" in policing unsolicited e-mail and that the state anti-spamming law's effect on interstate commerce "is incidental and clearly not excessive."...

A Loudoun County jury had recommended the nine-year term for Jaynes, but Circuit Judge Thomas Horne delayed the start of his prison term during the appeal, saying the law raised constitutional questions....

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Crime/Corruption; Government; Technical; US: Virginia
KEYWORDS: aol; jaynes; ruling; spam; spammer
Nine years ought to be long enough to find out how well the "herbal v1@gra" and "p3n1s enlargement" worked for his cell mate.
1 posted on 09/06/2006 8:00:17 AM PDT by steve-b
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To: steve-b

They should glue his eyes to a computer screen. There's your "eye for an eye" justice, LOL!


2 posted on 09/06/2006 8:05:56 AM PDT by Disturbin (Welcome to society -- morons with keys)
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To: Disturbin

The only thing worse than spammers are virus writers.


3 posted on 09/06/2006 8:09:03 AM PDT by sgtbono2002 (The fourth estate is a fifth column.)
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To: rdb3; chance33_98; Calvinist_Dark_Lord; Bush2000; PenguinWry; GodGunsandGuts; CyberCowboy777; ...

Not "Tech" but rather Tech-related.


4 posted on 09/06/2006 8:10:43 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: steve-b
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5 posted on 09/06/2006 8:11:37 AM PDT by MarineBrat (Muslims - The "flesh eating bacteria" version of humans.)
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To: steve-b
I'm skeptical of the idea of making it a felony to send unsolicited e-mails for the purpose of targeting peddlers of bogus products. Wouldn't it be wiser to prosecute these same people using the laws against fraud and false advertising which are already in existence?

I see undesirable consequences to this in the possibility of harassment of innocent people by those with the power to pick and choose among whom to prosecute.
6 posted on 09/06/2006 8:14:33 AM PDT by spinestein (Please do not make illegal copies of this tagline.)
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To: ShadowAce

spam is VERY tech related.. heh. Look at how it affects the entiore internet and has created an anti-spam indistry to help combat it... it's all about the money...


7 posted on 09/06/2006 8:20:20 AM PDT by dubie
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To: Disturbin
They should glue his eyes to a computer screen.

I rather like a proposal I once heard for an appropriate punishment for spamming:

The convicted spammer is locked up with a computer -- which is his only contact with the prison management. When he wants to take an exercise break, use the potty, go to the chow hall, etc, he sends an e-mail request, gets a hall-pass coupon (with a verification code) e-mailed back, and prints it out to show the guards.

There is one small catch. The prisoner's incoming e-mail is flooded with spam -- including messages that superficially resemble the hall-pass replies -- from which he must pick out the real hall passes. Each hall pass is sent only once -- if he fails to find it, accidentally deletes it, or fails to get it because his inbox filled up, he doesn't get to do whatever he requested (just like his victims, who suffered the consequences of missing legitimate e-mail).

8 posted on 09/06/2006 8:20:27 AM PDT by steve-b ("Creation Science" is to the religous right what "Global Warming" is to the socialist left.)
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To: spinestein
Wouldn't it be wiser to prosecute these same people using the laws against fraud and false advertising which are already in existence?

Spammers should be prosecuted for any fraud and false advertising contained in their messages AND for illicit intrusion into other people's computers.

If necessary, the computer-crime laws should be clarified to make it explicit that evasion of spam filters is no different from any other form of unauthorized "cracking" of computer security. (IMO, the laws are in place already -- both spam-filter evasion and black-hat cracking are clearly deliberate attempts to defeat a security measure designed to keep out unauthorized intrusion into private property -- but they haven't been properly enforced against the former.)

9 posted on 09/06/2006 8:25:13 AM PDT by steve-b ("Creation Science" is to the religous right what "Global Warming" is to the socialist left.)
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To: steve-b
"The U.S. Supreme Court decided long ago that Americans have the right to speak anonymously," he said. "By threatening people throughout the country with a felony conviction for taking steps to remain completely anonymous in sending noncommercial e-mails, the Virginia statute chills free speech."

IDIOT.

It is not "Free Speech" if the recipient has to PAY for it.

Spam for hire, despite what spammers (who lie) say, has nothing to do with Free Speech. This old argument has been failing for years. Wallace tried it with Cyberpromo.

Impale the scumbag.

10 posted on 09/06/2006 8:26:05 AM PDT by Gorzaloon
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To: steve-b

"I rather like a proposal I once heard for an appropriate punishment for spamming ....."

Perfect!


11 posted on 09/06/2006 10:04:56 AM PDT by Disturbin (Welcome to society -- morons with keys)
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To: Disturbin

Or super-glue his fingers to the computer keyboard!


12 posted on 09/06/2006 1:27:42 PM PDT by NotJustAnotherPrettyFace
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To: steve-b

Another common sense court decision.

What's this country coming to?


13 posted on 09/06/2006 1:37:48 PM PDT by <1/1,000,000th%
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