Legal Opinion

Commonwealth v. Jaynes

Loudoun County Circuit Court

Decided August 11, 2004No. Case No. Cr. 15585; Case No. Cr. 15586; Case No. Cr. 16121Published

1Opinion of the Court

By Judge Thomas D. Horne

Defendants have been charged in multiple count indictments with felony violations of the Virginia statute governing the transmission of unsolicited bulk electronic mail (Spam). Va. Code Ann. § 18.2-152.3:1. The relevant statute, otherwise known as “TUBES,” provides, in relevant part, as follows:

A. Any person who:

1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any maimer in connection with the transmission of unsolicited bulk electronic mail through or into the computer…

2Cases cited31 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Garrison v. LouisianaSupreme Court of the United States · 1964
  4. Smith v. GoguenSupreme Court of the United States · 1974
  5. Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997

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