Virginia Supreme Court Upholds Spammer Conviction

RICHMOND, Va. — On Friday, the Virginia Supreme Court upheld the first felony conviction for spamming against Jeremy Jaynes, once listed as the eighth worst spammer in the world by The Spamhaus Project Registry of Known Spammer Organizations.

Jaynes was convicted in 2004 by the Loudoun County Circuit Court on three counts of violating Virginia’s Anti-Spam Act, which became law in 2003. Prosecutors in the case accused Jaynes of using AOL’s private computer network, which is located in Virginia, to send millions of spam advertisements. The judgment against Jaynes was the first felony conviction under the antispamming laws.

The conviction was appealed, but in September 2006, the Virginia Court of Appeals upheld the constitutionality of the Anti-Spam Act, and now the Virginia Supreme Court has followed suit.

Jaynes’ attorneys argued that the Anti-Spam Act violates the First Amendment as well as the interstate commerce clause of the U.S. Constitution. However, the Virginia Supreme Court voted 4-3 to uphold the lower courts’ ruling.

"Unfortunately, the state that gave birth to the First Amendment has, with this ruling, diminished that freedom for all of us," Jaynes' attorney Thomas M. Wolf said. "As three justices pointed out in dissent, the majority's decision will have far-reaching consequences. The statute criminalizes sending bulk anonymous email, even for the purpose of petitioning the government or promoting religion."

At his original trial, Jaynes was accused of sending 53,000 illegal emails over a three-day period, but authorities believed that he was responsible for sending 10 million unsolicited emails a day, and taking in profits of more than $750,000 a month.

The Supreme Court ruling in Virginia may have an effect on the upcoming trial of spammer Robert Soloway. Prosecutors have accused Soloway, who was arrested in May, of sending millions of unsolicited emails through the use of “zombie” computers that were infected with botnet software.

Soloway also faces charges of fraud and identity theft charges, which could result in jail time. The U.S. District Attorney is seeking nearly $800,000 in fines for the spamming violations.

Despite prosecutions by authorities, spam accounted for nearly 75 percent of emails sent during November 2007, which marked a yearly high, according to monitoring by Internet security provider Symantec.

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

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Show More