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 © 2026 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

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, presented by gaming platform 1win, which will be held May 27 in Los Angeles.

Show More