1st Felony Spam Conviction Is Upheld

RICHMOND, Va. — The nation's first felony conviction of illegal spamming was upheld Tuesday by the Virginia Court of Appeals.

Jeremy Jaynes, considered one of the top spammers in the world at the time of his arrest, used up to 16 broadband connections to send hundreds of thousands of emails per day, according to court documents.

Jaynes was responsible for a large amount of animal sex porn spam and used another front, “National Wealth Builders,” to promote get-rich schemes.

In Tuesday’s ruling, the appeals court wrote unanimously that the state has a “legitimate public interest” in policing unsolicited email and that Virginia’s anti-spamming law's impact on interstate commerce “is incidental and clearly not excessive.”

Jaynes was convicted in November 2004 for using false Internet addresses and aliases to send mass email ads through an AOL server in Loudoun County, where Time Warner Inc. subsidiary AOL is based.

Under Virginia law, sending unsolicited bulk email is not a crime unless the sender masks his identity. It was put on the books in July 2003, nearly the same time the federal Can-Spam law took effect.

When his home was searched, police found CDs containing at least 176 million email addresses and more than 1.3 billion user names. They also found zip discs containing 107 million AOL addresses, all of them stolen.

His business was so prolific, police say that his operations earned up to $750,000 per month.

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

Jaynes appeal said his conviction should have been overturned because the trial court lacked jurisdiction, Virginia’s statute violated the 1st Amendment and is unconstitutionally vague and the statute violates the dormant commerce clause, which limits the power of states to legislate in connection with interstate commerce.

The court’s ruling rejected his appeal and affirmed the sentence, but Jaynes’ attorney said he would appeal the decision to the state Supreme Court.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Show More