A prosecution for Virginia SPAM email or transmission of unsolicited bulk electronic mail requires proof that the accused “spammer” engaged in the following acts: Use of a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or knowingly sell, gives, or otherwise distribute or possesses with the intent to sell, give, or distribute software that a. is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; b. has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or c. is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.

For a felony Internet email SPAM prosecution, the government will also have to prove that: the volume of unauthorized bulk email transmitted exceeded 10,000 attempted recipients in any 24-hour period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or the revenue generated from a specific unauthorized bulk email transmission exceeded $1,000 or the total revenue generated from all unauthorized bulk email transmitted to any EMSP exceeded $50,000.

Our Virginia SPAM defense attorneys can provide you with Internet email SPAM defense against SPAM accusations.