Mr. Larz D., a Launchcake lunatic, has brought it to my attention that accross the ocean the first spammer has been sentenced for nine years. Clever and investigative as I am, I snatched some lines from MSNCB about the story of Jeremy Jaynes.
“Jaynes, 30, who was considered among the top 10 spammers in the world at the time of his arrest, used the Internet to peddle pornography and sham products and services such as a “FedEx refund processor,†prosecutors said. Thousands of people fell for his e-mails, and prosecutors said Jaynes’ operation grossed up to $750,000 per month.
Jaynes was convicted in November for using false Internet addresses and aliases to send mass e-mail ads through an AOL server in Loudoun County, where America Online is based. Under Virginia law, sending unsolicited bulk e-mail itself is not a crime unless the sender masks his identity.”
Fact to be mentioned is that Jeremy Jaynes remains out of prison, revoking the decision. Appeal pending.
Although it made the headlines across the ocean, even in this tiny dot, I don’t think this case is ‘the end of spam’. First of all, the final decision still needs to be taken, Jaynes isn’t a con yet. Next, I think that if you look at this case closely, you’ll find that Jaynes isn’t sued for sending spam, but for doing so ‘with a masked identity’, using phony accounts.
So, the point of this case isn’t whether spam is going to be out of the law from now on or not. The point is : Did Jaynes commit fraude, according to the laws of Virginia (the state), or didn’t he.
The fact that he sended thousands of e-mails and made millions of dollars by doing it is only one that I can dream of. He’s found a hole in the market, dove into it and got his share of the profits. That’s how the market is working. What he should have done, however, was to move his operation to a state where the sending of unsolicited bulk e-mail was legal, and the masking of your identity too. At least in cyberspace. And that brings us to another burning question.
Because aren’t we all masking our identity, with all our nicknames @something.com? Are we all trespassers? Will we become outlaws and cons-to-be? Part of the freedom of internet is to be able to change your identity for free. I’ve done it a few times myself. I’d feel less free if that right will be taken away from me.