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Free speech laws 'violated by anti-spam rules'
Category: Anti Spam
Anti-spam rules violate free speech laws in the US, according to one of the most prolific practitioners of bulk emailing.
The Virginia Supreme Court played host on Wednesday to Thomas J Wolf, a lawyer for convicted spammer Jeremy Jaynes, reports the Associated Press.
Mr Wolf argued that the state law deeming the sending of bulk emails a felony contradicted the First Amendment, as it failed to distinguish between commercial messages and the political and religious speech protected in the constitution.
The court was deciding whether Mr Jaynes, who became the country's first convicted spammer in 2004, could challenge the ruling based on free speech laws, despite the fact that the constitution does not protect commercial speech.
Mr Jaynes sent up to 10 million emails each day from his North Carolina home, authorities claimed upon his conviction.
His lawyer told the court: "The statute at issue in this case is unnecessarily overbroad and infringes on anonymous, constitutionally-protected free speech."
A new survey by Cloudmark highlights the growing prevalence of spam on social networking sites.