The Virginia Supreme Court heard arguments Wednesday in an appeal of the nation's first felony conviction for sending junk e-mail over the Internet.

Jeremy Jaynes of Raleigh, North Carolina, was once considered among the top 10 spammers in the world. He was charged in Virginia because he used false Internet addresses and aliases to send mass e-mail ads through an America Online server in Loudoun County.

His lawyer, Tom Wolf, told the justices that Virginia's anti-spam law violates the First Amendment by prohibiting non-commercial as well as commercial speech.

But State Solicitor General William Thro said the law doesn't ban speech; it bans electronic trespassing on privately owned computer networks.

Wolf and Thro also disagreed on whether the law violates the Constitution by restricting activity outside Virginia and whether its language is impermissively vague.

Jaynes was sentenced to nine years in prison but has remained free while the case is appealed. A ruling is expected no sooner than November.