1st Spam Conviction Reversed

by 7 comments
Nation's 1st Spam Conviction Reversed - AOL Money & Finance

Wonder if this means spam will be turned up a notch?
#internet marketing #1st #conviction #reversed #spam
  • Profile picture of the author rmholla
    I was afraid that the courts would basically toss aside the conviction. I would rather see SPAMMERS fined instead of jailed. Our prisons are overcrowded with violent offenders so I prefer they are the ones behind bars.

  • Profile picture of the author George Wright

    Thanks for the article. "Spam being turned up a notch," OUCH! I already get thousands a day.

    George Wright
    • Profile picture of the author mmurtha
      Yeah GW,

      I was thinking the same thing!


      Thanks for the update. Ihope it doesn't put spam in overdrive.

      If they fine people convicted of spamming, it will hurt where it counts.

  • Profile picture of the author Chris Lockwood
    It's just a state law that was thrown out. It doesn't affect federal or other states' laws.

    If VA loses the appeal, expect them to rewrite the law to satisfy the court.

    I don't see this ruling affecting the volume of spam one bit. CAN-SPAM didn't, and neither did the various spam convictions, so why would this?
    • Profile picture of the author Paul Myers
      I don't see this ruling affecting the volume of spam one bit. CAN-SPAM didn't, and neither did the various spam convictions, so why would this?
      You're almost certainly right on the impact this will (not) have on spam volumes.

      I doubt that VA will rewrite their law, though. But, it's possible.

      The VA Court of Appeals found the entire law unconstitutional, rather than making any determination on the facts of Jaynes' case. The basis appears to have been a First Amendment issue, but that's just an impression I get from a number of informed commenters. I haven't made time to read the entire decision yet.

      For those who want to read it, you can get the PDF of the decision, with relevant references, at http://www.courts.state.va.us/opinio...wp/1062388.pdf

      This decision illustrates why the majority of anti-spam law is very specific to discuss unsolicited commercial email, rather than simply bulk.

  • Profile picture of the author mmurtha
    Hye Paul,

    Thanks for posting that.

  • Profile picture of the author Paul Myers
    Just read the decision.

    The mistake was on the part of the Legislature of the Commonwealth of Virginia. The statute left out two parts that are present in almost every other state level anti-spam law. First, it didn't limit enforcement t0o commercial speech. Second, it left out the word "unauthorized" in reference to the sending of unsolicited email.

    The VA Court of Appeals found the law unconstitutionally vague and overbroad, and thus unenforceable.

    I hate the result, but I love the thoroughness of the reasoning. And seeing a court in the US that has the stones to take a firm and proper stand on free speech issues these days is nice.

    No, spam is not a free speech issue. This was about the law's potential for hitting people who didn't properly fall under the intended sway. The Legislature simply screwed up the wording.


Next Topics on Trending Feed

  • 23 {{ upvoteCount | shortNum }} 5

    1. Lack Of Strategy Many of the tools available to Internet marketers are either cheap or free. As a result, many new marketers are tempted to use them all at once. Successful Internet marketers begin with a strategy that identifies the goals of a campaign, the target audience and other key planning elements. Only then do they choose their tactics. Remember: tactics without strategy is the noise before defeat.

  • 11 {{ upvoteCount | shortNum }} 5

    When people think of the term copywriter they will often imagine someone sitting at home or at a caf, tapping away at a laptop and churning out good copy for their immediate employer whether it be a one-off project or a long-standing relationship between a publication (online or print) and the copywriter. Now that might often be correct, but there are different types of copywriters out there. Lets have a look at the main types.

  • 5 {{ upvoteCount | shortNum }} 5

    Haven't Posted in a long while, been off of the scene on IM even longer. Can anyone offer some advice as to where to get restarted? I've made some income from Fiverr in the past by writing review articles, not sure if Fiverr is still a good platform though. Any help would be greatly appreciate also more than willing to become an apprentice and work for the knowledge, not the money.

  • 26 {{ upvoteCount | shortNum }} 5

    After five years and almost one thousand projects, give it or take, I believe I have come up with a handful of more or less reliable signs that you're dealing with a bad client. I haven't reinvented the wheel, that's for sure. It's just like in that saying. Maybe I don't know what I want, but I certainly know what I don't want. The same goes here. Maybe I don't know how to find a good client, but I certainly know how to avoid a bad one. Also, I'm far from an ideal list. Sharing experiences regarding bad clients can help a lot. After all, we play in the same team. In addition, I strongly believe in Good Karma principle. Meaning, there's plenty of room and clients for everybody. Deal with real people not with avatars