The Virginia Supreme Court has upheld the nation’s first felony SPAM conviction. “SPAM” refers to unsolicited bulk email sent by fraudulent means.

In November of 2004, Jeremy Jaynes was convicted by a jury in Loudoun County Circuit Court on three counts of violating Virginia’s groundbreaking Anti-Spam Act, which was passed into law in 2003. This marked the first ever felony conviction in a SPAM case, and the case received international attention. After convicting the defendant, the same jury sentenced him to serve nine years in jail. The defendant appealed his conviction. In September of 2006 the Virginia Court of Appeals affirmed the constitutionality of Virginia’s Anti-SPAM Statute and upheld the conviction. The Virginia Supreme Court today upheld this decision.

Jeremy D. Jaynes was regarded as the eighth-worst spammer in the world on The Spamhaus Project’s Registry of Known Spammer Organizations at the time of his arrest. At the time, prosecutors from the Attorney General’s Computer Crime Section argued to the jury that Jaynes, utilizing AOL’s private computer network, located in Virginia, peddled his products to unsuspecting victims from around the world. His global fraud resulted in millions of dollars of profit which he used to purchase a mansion and a number of homes in Raleigh, N.C.

Jaynes was convicted thanks to Virginia’s Anti-Spam Act. The Act prohibits the sending of unsolicited bulk e-mail by fraudulent means, such as changing the header or routing information to prevent recipients from contacting or determining the identity of the sender.

Such conduct is punishable as a class 1 misdemeanor or as a class 6 felony if any one of the following conditions applies:

* The volume of Spam transmitted exceeds 10,000 in any 24-hour time period, 100,000 in any 30-day time period, or one million in any one-year time period.
* Revenue generated from specific Spam exceeds $1,000 or total revenue from all Spam transmitted to any ISP exceeds $50,000.
* The defendant knowingly hires, employs, uses or permits any minor to assist in the transition of Spam.

A class 6 felony is punishable by a one to five-year prison sentence and a fine of up to $2,500, or both. Virginia’s anti-SPAM legislation also includes asset forfeiture provisions to allow law enforcement authorities to seize any assets or proceeds obtained through the illegal Spam operation. It also enhances penalties for violation of Virginia obscenity laws through the sending of illegal e-mails. The legislation authorizes the Attorney General’s Computer Crime Section to investigate and prosecute Spammers if illegal e-mails are sent to, from, or through any computer or computer network located in any Virginia locality.