The Virgina anti-spam law has finally been rejected for being unconstitutional by the state. The judgement has come with the release of the Spam King Jeremy Jaynes by the Virginia Supreme Court before couple of days.
The law said was rejected as it has violated the the right to free speech, as guaranteed by the First Amendment to the U.S. Constitution in that e-mails with news, opinions or political speech fell under the incidence of the law as well as commercial e-mail. Furthermore, according to the law it was illegal to falsify IP addresses or domain names when sending the e-mails. The court ruled that this infringed on the right to anonymous speech.
It can be remembered that the Spam King, Jeremy Jaynes was prosecuted in Virginia, because he had sent more than 10,000 messages in 24 hours to AOL subscribers, using AOL servers in Virginia. He could not be prosecuted by the Federal CAN-SPAM act because it was not in effect at the time.Although following the repeal of the Virginia law Jaynes has been acquitted of the 2003 spam charges, he remains in prison on unrelated security fraud charges.
Source: eFluxMedia
Filed under Cyber Crime | Tags: Act, anonymous speech., AOL subscribers, domain names, Federal CAN-SPAM act, fraud, IP addresses, US Constitution., Virgina anti-spam law, Virginia Supreme Court | Comment Below
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