[Scspamcop] FU: Re: Sorry: Spammer Walks Free as Virginia Anti-Spam Law Is Declared Unconstitutional

[rooster]

rooster wrote:
> Neil wrote:
>> http://www.efluxmedia.com/news_Spammer_Walks_Free_as_Virginia_Anti_Spam_Law 
>>
>> _Is_Declared_Unconstitutional_24293.html
> 
> Rather poorly written/researched article.
> 
> It only mentions by inference that the court heard or considered 
> arguments concerning
> Jayne's misrepresentations; which acts were an integral part of his 
> operation and which
> constituted fraud (i.e., felonies) according to legislation that existed 
> before the State's
> Anti-Spam Legislation came into effect. Arguments based on First 
> Amendment Rights
> vs. the metrics of the spamming are made to appear to be the crux of the 
> appellant
> case according to the article.
> 
> These argument might well be moot. The First Amendment does not afford 
> protection
> from prosecution when committing a crime. The way the article is 
> written, this would
> appear to be the case.
> 
> As reported in the WP, Wednesday, September 6, 2006, the Court of 
> Appeals of Virginia
> upheld Jayne's original conviction. In his written ruling, Judge James 
> W. Haley Jr. opined
> that the State's Anti-Spam Legislation, "prohibits trespassing on 
> private computer networks
> through intentional misrepresentation, an activity that merits no First 
> Amendment protection."
> 
> More important than the arithmetic of what might be defined as a 
> violation under the Anti-
> Spam legislation is the issue of whether 'deliberate' misrepresentation 
> constitutes
> felonious fraud, or, as the piece implies, such ruses may be interpreted 
> by the courts broadly to
> merit the protection of the Right to Anonymity.
> 
> I'm not trying to give my own opinion of the ruling; ...just saying that 
> the article missed
> (what might be) the more salient point.

If anyone is interested in pursuing this ruling further, here's an
article by Declan McCullagh in "Politics and Law" that explores
the issue from a legal perspective.

http://news.cnet.com/8301-13578_3-10040522-38.html

-- 
Happy trails,
rooster
boundary beach, bc