Date registered: Aug 2002
Vehicle: 2021 SL770
Location: Fountain Hills, AZ
Mentioned: 1 Post(s)
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AOL Spammer sentenced to a nine-year prison term
Jeremy Jaynes, 30, was sentenced to a nine-year prison term for violating anti-Spam laws by sending out millions of unsolicited e-mails using fake addresses. Judge Thomas Horne said that because the law targeting bulk e-mail distribution is new and raises constitutional questions, it was appropriate to defer the prison time until appeals courts rule. "I do not believe a person should go to prison for a law that is invalid,'' Horne said. "There are substantial legal issues that need to be brought before the appellate court."
Virginia, where the AOL corporation is based, prosecuted the case under a law that took effect in 2003 barring people from sending bulk e-mail that is unsolicited and masks its origin. Defence lawyer David Oblon argued that nine years was far too long given that Jaynes was charged as an out-of-state resident with violating a Virginia law that had taken effect just two weeks before.
Jaynes of Raleigh, N.C, convicted in November for using false Internet addresses to send mass e-mail advertisements through an AOL server in Loudoun earned up to $750,000 per month.
Jaynes told the judge that regardless of how the appeal turns out, "I can guarantee the court I will not be involved in the e-mail marketing business again."
"I'm satisfied that the court upheld what 12 citizens in Virginia have determined is an appropriate sentence," Lisa Hicks-Thomas, a prosecutor with the computer crimes division of the Virginia attorney general's office said. The trial jury recommended Jaynes serve three consecutive three-year sentences.
"If spending money you don't have is the height of stupidity, borrowing money to give it away is the height of insanity." -- anon