Internet and e-mail policy and practice including Notes on Internet E-mail

←2008→ Months Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Click the comments link on any story to see comments or add your own. Subscribe to this blog RSS feed

Home :: Email 03 May 2008 Jeremy Jaynes gets one more chance Email In 2004 Jaynes became the country's first convicted spam felon under the Virginia anti-spam law. He's been appealing his conviction ever since, most recently losing an appeal to the Virginia Supreme Court by a 4-3 decision in February. As I discussed in more detail at the time the key questions were a) whether the Virginia law had First Amendment problems and b) whether Jaynes had standing to challenge it. The court answered No to b), thereby avoiding the need to answer a), the dissent answered Yes to both. I was surprised to see that last week, the Court agreed to a do-over on the First Amendment questions. (I didn't even know courts could do that.) The schedule is fairly brisk, with all briefs due by the 22nd. As Venkat Balasubramani notes, several recent decisions by the US Supreme Court appear relevant to the standing question, but not necessarily in ways favorable to Jaynes. Should the court throw out the law, it wouldn't be because it was applied improperly to him, but because it might be applied improperly to someone else. I certainly hope that the court affirms the decision, since one point on which everyone seems to agree is that Jaynes is extremely guilty. posted at: 23:49 :: permanent link to this entry :: 0 comments Trackback link is http://www.jl.ly/Email/jaynesrehear.trackback

Topics Copyright Law - 15 Email - 183 ICANN - 81 Internet - 22 Money - 11 My other sites Who is this guy? Airline ticket info Taughannock Networks Other blogs CAUCE CRTC CASL Regulation Summary 63 days ago A keen grasp of the obvious Tourtière around the world 133 days ago Word to the Wise Delivery and marketing part 2 10 hours ago Related sites Coalition Against Unsolicited Commercial E-mail IRTF Anti-Spam Research Group Network Abuse Clearinghouse

© 2005-2012 John R. Levine.
CAN SPAM address harvesting notice: the operator of this website will not give, sell, or otherwise transfer addresses maintained by this website to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages.