April 10, 2005

Spammer at home while case is appealed

A man convicted in the nation's first felony case against illegal spamming was sentenced to nine years in prison Friday for flooding America Online accounts with tens of thousands of bulk e-mail advertisements.

Loudoun County Judge, Thomas Horne stayed the sentence during Jeremy Jaynes' appeal citing the law targeting bulk e-mail distribution as new and the constitutional questions it raises.

Jeremy Jaynes, 30, of the Raleigh area of North Carolina, was convicted in November of violating Virginia's anti-spam law by illegally flooding America Online accounts with bulk e-mail advertisements. Prosecutors believe Jaynes was responsible for sending out 10 million e-mails a day, grossing up to $750,000 per month.

The jury also convicted Mr. Jaynes's sister, Jessica DeGroot of Raleigh, 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 of all charges.

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

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 spamming business again.`

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