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Anti-Spam Unconstitutional?

Convicted spammer's attorney says Virginia's law ban of spam impinges on freedom of 'anonymous' speech

Sep 13, 2007 | 01:58 AM

By Kelly Jackson Higgins
DarkReading

Remember the first spammer to be charged as a felon in the U.S., back in 2003? Well, just like spam, it seems he just won't go away.

The lawyer for Jeremy Jaynes, who was convicted and sentenced to nine years behind bars, reportedly has taken the case to Virginia's Supreme Court, arguing that the state's anti-spam law "attaches severe criminal penalties to unsolicited bulk e-mail of a noncommercial nature."

According to an Associated Press report, Thomas Wolf, Jaynes' lawyer, told the Virginia Supreme Court that the First Amendment protects anonymous speech, making anonymous religious or political bulk emails illegal if they were transported via servers in Virginia.

Virginia's State Solicitor says no way: "There is no constitutional right to use the property of others to engage in speech," William E. Thro told the AP.

The Virginia Supreme Court is expected to rule on the appeal in November, and Jaynes has been free since the appeal process began. Jaynes unsuccessfully appealed the case in the Virginia Court of Appeals last fall.

— Kelly Jackson Higgins, Senior Editor, Dark Reading


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ENTERPRISE VULNERABILITIES
Vulnerability:cxf
Published:2010-08-19
Severity:High
Description:Apache CXF 2.0.x before 2.0.13, 2.1.x before 2.1.10, and 2.2.x before 2.2.9, as used in Apache ServiceMix, Apache Camel, Apache Chemistry, Apache jUDDI, Apache Geronimo, and other products, does not properly reject DTDs in SOAP messages, which allows remote attackers to read arbitrary files, send HTTP requests to intranet servers, or cause a denial of service (CPU and memory consumption) via a crafted DTD, as demonstrated by an entity declaration in a request to samples/wsdl_first_pure_xml, a similar issue to CVE-2010-1632.
Vulnerability:libvirt
Published:2010-08-19
Severity:Medium
Description:Red Hat libvirt, possibly 0.6.1 through 0.8.2, looks up disk backing stores without referring to the user-defined main disk format, which might allow guest OS users to read arbitrary files on the host OS, and possibly have unspecified other impact, via unknown vectors.
Vulnerability:libvirt
Published:2010-08-19
Severity:Medium
Description:Red Hat libvirt, possibly 0.7.2 through 0.8.2, recurses into disk-image backing stores without extracting the defined disk backing-store format, which might allow guest OS users to read arbitrary files on the host OS, and possibly have unspecified other impact, via unknown vectors.
Vulnerability:libvirt
Published:2010-08-19
Severity:Medium
Description:Red Hat libvirt, possibly 0.6.0 through 0.8.2, creates new images without setting the user-defined backing-store format, which allows guest OS users to read arbitrary files on the host OS via unspecified vectors.
Vulnerability:libvirt
Published:2010-08-19
Severity:Low
Description:Red Hat libvirt 0.2.0 through 0.8.2 creates iptables rules with improper mappings of privileged source ports, which allows guest OS users to bypass intended access restrictions by leveraging IP address and source-port values, as demonstrated by copying and deleting an NFS directory tree.


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