The Court of Appeals of Virginia upheld yesterday what is believed to be the first conviction in the nation under a state anti-spamming law that makes it a felony to send unsolicited mass e-mails.
A North Carolina man was convicted in Loudoun County two years ago of illegally sending tens of thousands of e-mails to America Online customers. Prosecutors said Jeremy Jaynes flooded the servers at the Internet company's headquarters in Loudoun with bulk e-mail advertisements for computer programs and stock pickers.
Jaynes was sentenced last year to nine years in prison on three counts of violating the state's anti-spam law and was allowed to remain free on $1 million bond while his case was appealed. Thomas M. Wolf, an attorney for Jaynes, said he plans to appeal yesterday's decision.