CAV ISSUES ANTI-SPAM RULING
Today, September 5, 2006, the Court of Appeals of Virginia hands down a significant ruling affirming a conviction under the Commonwealth’s Anti-Spam Act. The court specifically upholds the constitutionality of the act, in an appeal brought by a man alleged to be one of the world’s principal spammers. My cyber-colleague Steve Minor of SW Virginia Law Blog has done an excellent job of summarizing the ruling, so instead of re-plowing the same ground, I will invite my readers to click on the hyperlink above, to read his summary.
Judge Haley authors the opinion, joined by Senior Judges Bumgardner and Fitzpatrick. A petition for en banc reharing is a readily foreseeable development here.
The appellant, Jeremy Jaynes, can also appeal onward to the Supreme Court, of course, and given the amount of money that was allegedly involved, that seems a likely possibility. The grant rate for criminal petitions from the CAV on to the Supreme Court is roughly 2%, in case you’re wondering.