RICHMOND, Va. (AP) - A closely divided Virginia Supreme Court has upheld a conviction of a North Carolina man in the nation's first felony case against illegal spamming.
Jeremy Jaynes of Raleigh was considered among the top 10 spammers in the world when he was charged in 2003. He was convicted of violating Virginia's law banning the massive distribution of junk e-mail and was sentenced to nine years in prison.
In a 4 to 3 ruling Friday, the Supreme Court rejected Jaynes' claim that the state law violates the free speech and commerce clauses of the Constitution.
Prosecutors said Jaynes used aliases and false Internet addresses to bombard Web users with junk e-mails. The court said misleading commercial speech is not entitled to First Amendment protection.
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