Virginia SPAM and Transmission of Bulk / Unsolicited Email Defense Lawyer

In Virginia, the transmission of unsolicited bulk electronic mail is codified under the Virginia Computer Crimes Act.  A Virginia SPAM and bulk or unsolicited email defense attorney with our firm is experienced in defending clients accused of violations of the Virginia SPAM email statute under the Virginia Computer crimes act.

A prosecution for Virginia SPAM email or transmission of unsolicited bulk electronic mail requires proof of the following elements:

1. Use of a computer or computer network
2. 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

1. 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

In addition to the above, during a prosecution for transmission of bulk or unsolicited email in Virginia, the following will result in felony prosecution under Virginia SPAM laws:

1. 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
2. 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.

Virginia SPAM or transmission of unsolicited bulk electronic mail carries severe criminal felony penalties.   A Virginia SPAM and transmission of unsolicited bulk electronic mail lawyer with our firm is experienced in protecting your rights and your freedom if you are accused of Virginia SPAM or transmission of unsolicited bulk electronic mail.  For additional Virginia Computer Fraud defense information, contact a SPAM and transmission of unsolicited bulk electronic mail attorney.