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JAYNES v. COM.

Record No. 062388.

657 S.E.2d 478 (2008)

Jeremy JAYNES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 29, 2008.

Attorney(s) appearing for the Case

Thomas M. Wolf, Richmond (David A. Oblon, Arlington; Joseph M. Rainsbury; LeClair Ryan, Roanoke; Albo Oblon, Arlington, on briefs), for appellant.

William E. Thro, State Solicitor General (Robert F. McDonnell, Attorney General; Stephen R. McCullough, Deputy State Solicitor General; William C. Mims, Chief Deputy Attorney General; Lisa M. Hicks-Thomas, Deputy Attorney General; Samuel E. Fishel, IV, Senior Assistant Attorney General; Russell E. MpGuire, Assistant Attorney General, on brief), for appellee.

American Civil Liberties Union of Virginia, Inc. and Electronic Frontier Foundation (Rebecca K. Glenberg, Richmond, on brief), amici curiae, in support of appellant.

The Rutherford Institute (John W. Whitehead, Charlottesville; Douglas R. McKusick;

L. Ilaine Upton, on brief), amicus curiae, in support of appellant.

United State Internet Service Provider Association (Jennifer C. Archie; Abid R. Qureshi; Latham & Watkins, Washington, DC, on brief), amicus curiae, in support of appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL and LACY, S.JJ.

OPINION BY Justice G. STEVEN AGEE.

Jeremy Jaynes appeals from the judgment of the Court of Appeals which affirmed his convictions in the Circuit Court of Loudoun County for violations of Code § 18.2.452.3:1, the unsolicited bulk electronic mail (e-mail) provision of the Virginia Computer Crimes Act, Code §§ 18.2-152.1 through-152.15. For the reasons set forth below, we will affirm the judgment of the Court of Appeals.

I. BACKGROUND AND MATERIAL...

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