The Virginia Supreme Court on Friday overturned the conviction of a notorious AOL spammer, the first spamming defendant to be convicted of a felony, saying the state junk e-mail law is too broad and violates the First Amendment.
This is a remarkable decision (PDF). But a close reading of the Virginia statute shows that it is the right one.
The law in question is kind of the state equivalent of the Can-Spam Act, though with exclusively criminal penalties. It says:
A. Any person who: 1. Uses a computer or computer network with the intent to falsify or forge electronic mail … Read more