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Loudoun County Circuit Judge Thomas Horne said that because the law targeting bulk e-mail distribution is new and raises constitutional questions, it was appropriate to defer the prison time until appeals courts rule.
A jury had recommended the nine-year prison term after convicting Jeremy Jaynes of pumping out at least 10 million e-mails a day with the help of 16 high-speed lines, the kind of Internet capacity a 1,000-employee company would need.
Mr. Jaynes, of Raleigh, N.C., told the judge that regardless of how the appeal turns out, "I can guarantee the court I will not be involved in the e-mail marketing business again."
Mr. Jaynes declined to talk to reporters. He remains under $1-million (U.S.) bond.
Prosecutors have described Mr. Jaynes as among the top 10 spammers in the world at the time of his arrest, using the name "Gaven Stubberfield" and other aliases to peddle junk products and pornography. Prosecutors say he grossed up to $750,000 a month.
The jury also convicted Mr. Jaynes's sister, Jessica DeGroot of Raleigh, but recommended only a $7,500 fine. Her conviction was later dismissed by the judge. A third defendant, Richard Rutkowski of Cary, N.C., was acquitted of all charges
From:
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20050409/RTICKSPAM09/TPInternational/Americas
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More...
http://www.abc.net.au/news/newsitems/200504/s1341692.htm
""It was not just sending bulk emails, he was falsifying the routing information, disguising the origin," Ms Hicks-Thomas said.
"The end-user couldn't say 'don't sent this to me'."
Jaynes, who operated using the alias "Gaven Stubberfield," was listed by the anti-spam watchdog group Spamhaus as the eighth most prolific spammer in the world.
Ms Hicks-Thomas said prosecutors calculated that Jaynes took in between $US500,000 and $US750,000 ($647,300 and $970,950) a month through the sale of products through the emails.
She said Jaynes also possessed a stolen database of America Online members with some 84 million email addresses. "
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http://www.washingtonpost.com/wp-dyn/articles/A38788-2005Apr8.html
"Jeremy Jaynes, 30, of the Raleigh area of North Carolina, was convicted in November of violating Virginia's anti-spam statute by illegally flooding America Online accounts with tens of thousands of bulk e-mail advertisements. The case was tried in Loudoun because the e-mails, which peddled such products as stock pickers and a computer program, ran through an AOL server in the county."
and further down in the article there...
"During the trial, prosecutors portrayed Jaynes as the head of a lucrative spam business that he operated from his home with help from his sister and codefendant, Jessica DeGroot, and a third defendant, Richard Rutkowski. They said the defendants used phony Internet addresses to send more than 10,000 spam e-mails to America Online subscribers on three days in July 2003 -- a volume that makes the crime a felony."