Spammer sentenced to 9 years

“We have no doubt that we will win on appeal, therefore any sentence is somewhat moot. Still, the sentence is not what we recommended and we’re disappointed,” Oblon said outside court.

Horne said he might also reconsider the sentence if Jaynes loses the appeal.

“I do not believe a person should go to prison for a law that is invalid,” he said. “There are substantial legal issues that need to be brought before the appellate court.”

A judge has ruled Maryland’s anti-spam law unconstitutional because it seeks to regulate commerce outside the state’s borders. However, an appeals court in California and the Washington state Supreme Court have upheld state laws that had been declared unconstitutional by lower courts on grounds similar to the December ruling in Maryland.

Many states have criminal laws against spam, but Virginia’s makes it easier than others for prosecutors to obtain a felony conviction, which carries more jail time than a misdemeanor, said Quinn Jalli of the online marketing firm Digital Impact.

Jaynes 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.” He remains under $1 million bond.

The jury also convicted Jaynes’s sister, Jessica DeGroot, 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.

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