Supreme Court refuses to hear case on Va. anti-spam law

The nation's first felony spam conviction remains reversed as the U.S. Supreme Court declined yesterday to consider a request to reinstate Virginia's tough anti-spam law.

In September, the Virginia Supreme Court ruled Virginia's Anti-Spam Act of 2003 was unconstitutional because it barred 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 convictions in Loudoun County of notorious spammer Jeremy D. Jaynes. Jaynes is not a free man, however. He is in a federal prison, serving 42 months on an unrelated fraud conviction.

"Obviously I am disappointed by the decision since the chance of the statute actually being applied in an unconstitutional manner is exceptionally slim," said Attorney General William C. Mims. "However, I respect the decision of the court.

"The office of the attorney general will draft legislation for the next General Assembly session that addresses any potential constitutional concerns. We are dedicated to protecting all Virginians from unscrupulous spammers who fraudulently send millions of unsolicited garbage e-mail messages."

Then-Virginia Attorney General Bob McDonnell, now a candidate for governor, went to the U.S. Supreme Court, asking it to reinstate the Virginia law. The justices, however, declined to take up the matter.

Tucker Martin, a McDonnell campaign spokesman, said: "Bob McDonnell is disappointed in [the] decision by the court not to hear this case, but he respects the court's ruling."

Jaynes' lawyer, Thomas M. Wolf of Richmond, could not immediately be reached for comment.

Contact Frank Green at (804) 649-6340 or .