The nation's first felony spam conviction remains reversed as the U.S. Supreme Court declined today to consider a request to reinstate Virginia's tough anti-spam law.
Last September a unanimous Virginia Supreme Court ruled Virginia's Anti-Spam Act of 2003 was unconstitutional for barring all anonymous, unsolicited bulk e-mails -- even those with political, religious or other protected content, not just commercial speech which can be restricted.
In so doing, the Virginia justices tossed out the 2004 Loudoun County convictions against one of the world's most notorious spammers, Jeremy D. Jaynes. Jaynes is not a free man, however. He is in a federal prison serving 42 months on an unrelated fraud conviction.
Then-Virginia Attorney General Bob McDonnell, now a candidate for governor, went to the U.S. Supreme Court asking the Virginia law be reinstated. The justices, however, declined to take up the matter.
Tucker Martin, a McDonnell spokesman, said, "Bob McDonnell is disappointed in today's decision by the court not to hear this case, but he respects the court's ruling."
"Virginia is the nation's Internet leader and Bob McDonnell believes it is important to protect citizens against voluminous, unwanted spam and to protect the property rights of Internet Service Providers," said Martin.
Martin said McDonnell will work with the General Assembly to craft changes to the law for the 2010 session.
Jaynes' lawyer, Thomas M. Wolf, of Richmond, is out of town and could not immediately be reached for comment.
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