[First Convicted Spammer Gets 9 Years] - Computers



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First Convicted Spammer Gets 9 Years

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Posted by: Billzebud

LEESBURG, Va. - He was once considered among the top 10 spammers in the world, using the Internet to peddle pornography and sham products and services like the "FedEx refunding processor," prosecutors say. Convicted in the nation's first felony case against illegal spamming, Jeremy Jaynes, 30, on Friday was sentenced to nine years in prison for bombarding Internet users with the junk e-mails.

But Loudoun County Circuit Judge Thomas Horne delayed the start of Jaynes' prison term while the case is appealed, saying the law is new and raises constitutional questions.


Jaynes was convicted in November for using false Internet addresses and aliases to send mass e-mail ads through an AOL server in Loudoun County, where America Online is based. Under Virginia law, sending unsolicited bulk e-mail itself is not a crime unless the sender masks his identity.


While prosecutors presented evidence of just 53,000 illegal e-mails, authorities believe Jaynes was responsible for spewing out 10 million e-mails a day. Prosecutors say his operation grossed up to $750,000 per month.


A jury recommended the nine-year term for the Raleigh, N.C., man.


Prosecutor Lisa Hicks-Thomas said she was pleased with Friday's ruling — and confident the law would be upheld on appeal.


But defense attorney David Oblon argued nine years was far too long given Jaynes was charged as an out-of-state resident with violating a Virginia law that had taken effect just weeks before. He planned to challenge both the constitutionality of the law and its applicability to Jaynes.


"We have no doubt that we will win on appeal, therefore any sentence is somewhat moot. Still, the sentence is not what we recommended and we're disappointed," Oblon said outside court.


Horne said he might also reconsider the sentence if Jaynes loses the appeal.


"I do not believe a person should go to prison for a law that is invalid," he said. "There are substantial legal issues that need to be brought before the appellate court."


A judge has ruled Maryland's anti-spam law unconstitutional because it seeks to regulate commerce outside the state's borders. However, an appeals court in California and the Washington state Supreme Court have upheld state laws that had been declared unconstitutional by lower courts on grounds similar to the December ruling in Maryland.


Many states have criminal laws against spam, but Virginia's makes it easier than others for prosecutors to obtain a felony conviction, which carries more jail time than a misdemeanor, said Quinn Jalli of the online marketing firm Digital Impact.


Jaynes told the judge regardless of how the appeal turns out, "I can guarantee the court I will not be involved in the e-mail marketing business again." He remains under $1 million bond.


The jury also convicted Jaynes's sister, Jessica DeGroot, but recommended only a $7,500 fine. Her conviction was later dismissed by the judge. A third defendant, Richard Rutkowski of Cary, N.C., was acquitted.



Posted by: BoobieSrUs

well that kinda sucks!



Posted by: Rundat

750,000 a month wow



Posted by: JDGreen92086

He shouldn't be spamming people. I hope when he gets out, telemarketers call him ever 5 mins of everything day... Sry, I hate spammers.



Posted by: realtechtalk

[QUOTE][i]Originally posted by JDGreen92086 [/i]
[B]He shouldn't be spamming people. I hope when he gets out, telemarketers call him ever 5 mins of everything day... Sry, I hate spammers. [/B][/QUOTE]

Agreed, SPAM wastes so much bandwidth and time! How many times have people missed e-mail accidentially mistaking or marking it as SPAM?

E-mail was the greatest thing for many and then SPAM overtook it ;)



Posted by: Lonewolf5460

He got what he deserved.I hate spam and thats all i got to say.



Posted by: ATIRAGEPRO

[size=10] There is a GOD!!!!![/size]:D :D :D :D

[COLOR=darkblue][b]Seriosley, when that guy dies, he's gonna be buried so far into **** that even SATAN himself wouldn't even know he's there!![/b][/COLOR] :p

[COLOR=darkblue]Here's to to the DEATH SENTANCE!! :D[/COLOR] :cool:



Posted by: Lonewolf5460

Yah I don't think life:D but I hopes he learns his lesson.And he is an idiot for saying [QUOTE]"I can guarantee the court I will not be involved in the e-mail marketing business again."[/QUOTE]he should of just lied.



Posted by: Louis12

Oh but that probably was a lie.

I hope they are even stricter. Then people will be scared of spamming.



Posted by: harley3344

im agreeing with u guys but also look at it from his side .. hes making prolly 800,000- 1 mill every month . he is getting vary rich of this spam/scam. also the person that recieves the spam eather has done or bought stuff over the net and submited the email to the site and the site sold it to him or the general public , or the person got some spyware that gaveway info like that (ie CWS) by looking at some dirty sites. so its partaly the recievers fault also.



Posted by: tech_101

[QUOTE][i]Originally posted by harley3344 [/i]
[B]im agreeing with u guys but also look at it from his side .. hes making prolly 800,000- 1 mill every month . he is getting vary rich of this spam/scam. also the person that recieves the spam eather has done or bought stuff over the net and submited the email to the site and the site sold it to him or the general public , or the person got some spyware that gaveway info like that (ie CWS) by looking at some dirty sites. so its partaly the recievers fault also. [/B][/QU



This is so true!! If your dumb enough to look at porno online. then you got what was comin to you.



Posted by: Apokalipse

[IMG]http://img.photobucket.com/albums/v133/apokalipse/1f05b3c1.gif[/IMG]



Posted by: scottjames84

HAHA... that cartoon is ****** funny as ****

He got what he deserverd, hope he rots in Jail.

[SIZE=4]DIE SPAMMERS DIE!!![/SIZE]


[img]http://freeweb.supereva.com/esorciccio2002/smilies/diespam.gif[/img]



Posted by: chip209

that cartoon is funny.



Posted by: quest1on

shouldnt of spammed noone eles is fault but his, musta scammed alot of ppl so he gets wat he deserves



Posted by: taruman121

yeah i agree, funny cartoon though.



Posted by: FghtinIrshNvrDi

I really freakin hate spam. What a terrible idea. The dumbest of the dumb are the ones that encourage that stuff to keep going because it works on them, and those smart enough to hate it have to deal with the dumb one's consequences.

Ryan



Posted by: Snump

Do you people really think this will change anything?

The problem is unsecures drone PCs that have been infected with who knows what. That's the source of spam. So what if this guy goes to jail? spammers will simply cover their tracks more.





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