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

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

ASACP Announces F2F as 1st Gold Sponsor

The Association of Sites Advocating Child Protection (ASACP) has announced Friends2Follow (F2F) has upgraded its sponsorship and become the organization’s first Gold Sponsor.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Segpay Adds 'Pay by Bank (UK)' Payment Solution

Segpay has added the Pay by Bank (UK) option to its direct payments solutions.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Creator Verification Platform 'VerifiedCollab' Launches

Performer Eli Thomas has launched VerifiedCollab, a verification platform for creators and producers.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Show More