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Tuesday, September 16, 2008

Jeremy Jaynes gets away with spamming - VA law anti-spam law overturned

The judges should be buried alive in SPAM.

These morons have the audacity to rule that I have to receive the mailings of religious nuts, politicians I hate or ANY mail I didn’t solicite.

These God damned judges enjoy their generous salaries with wonderful benefits and have clerks take care of THEIR spam at the tax payers’ expense. 

Of course I have a choice.

I’ll just go out of business.

I don’t need to have a public email address.  I don’t need to have a fax machine.  I don’t need to receive any mail.  I can just remove myself from society and I can’t wait for the day when I can afford to do just that.  No more business, just one PRIVATE email address for a few select people which I’ll just change every few months as some idiot puts my email address on some freaking chain letter and I get spammed again.

The upside is that these types of rulings GREATLY contribute to the collapse of the economy.

People are continually defrauded and waste their time on spam INSTEAD of being productive. 

The mail from prospective clients is in the SPAM trap and I sure don’t have time to go through the LITERALLY many thousands of spams I get at my public email addresses. 

You can’t imagine how many spammers submit comments at my blogs.  America is one sick country, everything revolves around marketing and it just about marketed itself to death.

It would make my day if one day these judges had to get a REAL job and find out what it’s like to WORK because the government is bankrupt and their paychecks bounce.

The way things are going, I’m hopeful ...

Top501 IT: Va. Law Struck Down, Spam Kingpin Goes Free

In reversing the conviction of spammer Jeremy Jaynes, the court said the law is unconstitutional because it restricts more than just commercial e-mails. Justice G. Steven Agee said the law “is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution,” the Post reported. Many other states have regulated unsolicited bulk e-mail but, unlike Virginia, have restricted such regulation to commercial e-mails. There is nothing in the record or arguments of the parties, however, suggesting that unsolicited non-commercial bulk e-mails were the target of this legislation, caused increased costs to the Internet service providers, or were otherwise a focus of the problem sought to be addressed. Therefore, viewed under the strict scrutiny standard is not narrowly tailored to protect the compelling interests advanced by the Commonwealth. The court held that the law “is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution.” According to this AP report, Jaynes’ attorney, Thomas Wolf, has said sending commercial spam would still be illegal under the federal The judges ruled that because the law does not discern between commercial and other forms of mass email, it places an unconstitutional restriction on free speech. “That statute is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk emails including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution,” the court said in its ruling.

Even though Jeremy Jaynes is indeed guilty, people tend to have extremely different opinions with some in favor of the decision and others very upset. “That statute is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails including those containing political, religious or other speech protected by the First Amendment to the United States Constitution,” the ruling stated. Jeremy Jaynes is not available for comments at this time and his official statement should arrive over the weekend. Action under the Can-Spam Act may be unlikely; it wasn’t signed until December 2003, when Jaynes was already being arrested. The Virginia law “is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution,” Justice G. Steven Agee wrote.

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Posted by Christine on 09/16 at 07:35 PM in Legislation & Regulation - news
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