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JAYNES v. COM.

Record No. 062388.

666 S.E.2d 303 (2008)

Jeremy JAYNES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 12, 2008.

Attorney(s) appearing for the Case

Thomas M. Wolf, Richmond (Joseph M. Rainsbury, Roanoke; David A. Oblon; LeClair Ryan; Albo & Oblon, 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. McGuire, Assistant Attorney General on briefs), for appellee.

Amici Curiae: American Civil Liberties Union of Virginia, Inc.,; Electronic Frontier Foundation (Rebecca K. Glenberg, Richmond, on brief), in support of appellant.

Amici Curiae: The Rutherford Institute (John W. Whitehead, Charlottesville; Douglas R. McKusick; L. llaine Upton on brief), in support of appellant.

Amicus Curiae: United States Internet Service Provider Association (Jennifer C. Archie; Richard P. Bress; Abid R. Qureshi; Alexander Maltas; Latham & Watkins, on brief), in support of appellee.

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

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 § 18.2-152.3:1, 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 reverse the judgment of the Court of Appeals.

I. BACKGROUND...

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