Making the Most of the Internet - Blog

 

Sunday, September 14, 2008

Spamming is OK if you're American

 

This is an except from a piece on The Register about a US spammer called Jeremy Jaynes, who has been set free, because apparently his free speech is worth more than our right not to receive his junk.

Notorious American AOL spammer Jeremy Jaynes had his nine year federal prison sentence overturned today, when Virginia's high court ruled the state's tough "anti-spam" law violates the First Amendment right to free speech.

The court unanimously agreed Virginia's anti-spam law is "unconstitutionally overbroad" because it bans all unsolicited bulk email with false or misleading originating addresses, both commercial and noncommercial.

The law considers unsolicited bulk email a felony if more than 10,000 recipients are mailed in a 24-hour period.

Justice Steven Agee wrote in today's ruling that the state law violates "the right to engage in anonymous speech, particularly anonymous political or religious speech" protected by the First Amendment.

Agee added that "were the Federalist Papers just being published today via e-mail, that transmission by PubliAus would violate the statute."

Until the United States joins the real world, we will continue to get these problems.

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