I hate spam as much as the next person, but recent decisions by courts in Iowa and Virginia demonstrate how fear of technology (and justifiable annoyance) can force the legal system to impose fines and sentences that are grossly disproportionate to the harm caused by spammers.

This is not to defend or justify spammers, whose actions are at best deceptive, almost always annoying, generally illegal and frequently criminal. But when people who send email are punished more harshly than those who commit war crimes in Rwanda, and are fined more than companies that destroy the environment, it's time to revisit our strategy.

By Mark Rasch at The Register.

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