Welcome Back Spam!

Last Friday; Virginia's Supreme Court declared the state's anti-spam law unconstitutional. At the same time; it overturned the conviction of Jeremy Jaynes, considered one of the world's biggest spammers. Jaynes got nine years for sending billions of spam emails worldwide...lots of them for things like "Cialis Soft-Tabs," "Chewable Viagra" and other things anyone with half a brain just knows aren't true. Jaynes was allowed to stay out of jail pending appeals.

And it looks like he'll be staying out of jail for a long time to come.

Jaynes made a fortune before being convicted and sentenced...apparently, enough money to hire great attorneys who kept his case in various courts until Friday's ruling. Although his case could conceivably go through federal appeals courts and, eventually, to the U-S Supreme Court; it appears Jeremy has won.

Virginia Attorney General Bob McDonnell says he'll take it to the U-S Supreme Court; says he's "very disappointed" in Friday's ruling. But, it's an election year--and it looks like McDonnell's going to run for Governor next year--so...

Two questions: What will this do to anti-spam laws in other states? When will Jeremy start spamming again?

Other states have similar anti-spam laws, but they haven't really been tested. Will Jaynes become the poster child for spam--and will his attorneys file in other states to have those laws overturned, too? Probably.

If Jeremy has any of his fortune left--and he probably does--it will take him about five minutes to find a provider and start spamming again. There are plenty of ISPs that will take his money and set up a corner of the server room just for him.

Ten years ago--back in the Windows 95 and 98 days--we got spammed plenty. Go on your computer at 7:30 am and watch the inbox flow! One email for me; 150 spam. It was a real pain in the ass. Some people still get a lot of spam. But, for the most part; the industry--and computer users--grew a brain and figured out how to limit or eliminate it. Nowadays; I get maybe one a day that seeps through. Any other "direct emails" usually come from online merchants or services I've chosen to get emails from.

But spam is still a big problem. By and large; computer users (read: all of us) really don't want it unless we ask for it. Perhaps the original anti-spam laws were written wrong? If spam is now truly protected under the First Amendment; how about new laws that severely punish spammers if they continue to send emails to those on a "do not spam" list? It's worked in telemarketing, although more and more on the "do not call" list seem to be falling through the cracks.

Treat the disease, not the symptoms.

I, too, am disappointed at Friday's state Supreme Court ruling. I'm getting my inbox ready as I write...