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wawadave
Warrior Obsessed
Joined: 25 Jan 2004
Last Visit: 24 Jul 2009
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Location: Illegitimus non carborundum
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 Posted: Fri Feb 29, 2008 8:45 pm Post subject: Prolific Spammer's Conviction Upheld |
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By LARRY O'DELL, Associated Press Writer
(AP) -- 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.
Almost all 50 states have anti-spamming laws. In the 4-3 ruling, the court rejected Jaynes' claim that the state law violates both the First Amendment and the interstate commerce clause of the U.S. Constitution.
http://www.physorg.com/news123516004.html
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suzi
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Joined: 27 Jul 2003
Last Visit: 18 May 2013
Posts: 10271
Location: sunny California
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| Posted: Sat Mar 01, 2008 10:49 am Post subject: |
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datababe
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Joined: 13 Dec 2004
Last Visit: 10 Oct 2012
Posts: 217
Location: Inside your head
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| Posted: Mon Mar 03, 2008 9:00 am Post subject: |
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Ars ran an article about it yesterday as well:
http://arstechnica.com/news.ars/post/20080302-first-spam-felony-conviction-upheld-no-free-speech-to-spam.html
I got a kick out of this from the physorg article.
| Quote: |
| "Unfortunately, the state that gave birth to the First Amendment has, with this ruling, diminished that freedom for all of us," Jaynes' lawyer, Thomas M. Wolf, said in a written statement. "As three justices pointed out in dissent, the majority's decision will have far reaching consequences. The statute criminalizes sending bulk anonymous e-mail, even for the purpose of petitioning the government or promoting religion." |
Um, no Skippy, here's where the judge took exception.
| Quote: |
| The court rejected these claims due to Jaynes' use of fake e-mail addresses, which breaks the US CAN SPAM law's condition of giving recipients a means of contacting the sender. The court also stated that his peddling of scam products and services excludes him from First Amendment rights. In effect, the court said that you can't scam people and then cry "free speech!" when hooked by the law. |
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Nightmaretony
Warrior
Joined: 15 Mar 2005
Last Visit: 30 Jun 2011
Posts: 256
Location: Meadowbrook
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| Posted: Mon Mar 03, 2008 9:30 am Post subject: |
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Am hoping the judge adds an extra condition that our slimeball can no longer use computers or the internet nor employ anyone to do business he is associated with for the rest of his life.
That would be nice. Pressure a movement for this one?
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datababe
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Location: Inside your head
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