Judge Upholds Virginia's Anti-Spam Law, Setting Up Trial

RICHMOND � A Loudoun County [VA] judge on Friday upheld the constitutionality of Virginia's law against fraudulent, unsolicited bulk e-mail, commonly known as spam, state Attorney General Jerry Kilgore said.

The ruling by Circuit Judge Thomas D. Horne came in the nation's first challenge of a felony spam statute, Kilgore said. The decision clears the way for a jury trial for Jeremy D. Jaynes of Raleigh, N.C., and his alleged co-conspirators in one of the world's most prolific spamming operations.

"This case establishes valuable case law for other judges to follow in the fight against spam in the commonwealth and across the United States," Kilgore said.

Jaynes and Richard Rutkowski of Cary, N.C., were indicted in December, becoming the first people in the U.S. charged with felonies accusing them of sending unsolicited bulk e-mails. Virginia prosecutors charged them under a tough new state anti-spam law that took effect July 1, 2003.

They face up to 20 years if convicted. Details here from the AP via the Virginian-Pilot.