IT shops may have lost one possible defense in their struggle to keep ahead of spam that now regularly floods their email boxes and attacks their systems. The Virginia Supreme Court ruled last week that the state's anti-spam law, which criminalized certain spamming techniques, violates the First Amendment right to freedom of speech. While the ruling only impacts Virginia for now, the case could be headed to the U.S. Supreme Court, where it ultimately could become of one of the first major rulings involving our 21st century technology and one of its major headaches.

The state court ruling certainly puts a dent in good-faith efforts by the government to help to fight off this new age version of junk mail, and it gives spammers the green light to keep pursuing their trade. The law that was declared unconstitutional by the state court stemmed from the now overturned felony conviction for spamming against a major figure in the trade. Other states are unlikely to follow Virginia's lead in seeking to help individuals and businesses combat spam given the court's ruling, and they will undoubtedly await word from the U.S. Supreme Court, which may or may not agree to consider the case.

So CIOs and IT pros will continue to be on their own, using spam filters and other defenses, and constantly training employees never to open suspicious-looking emails. The U.S. Internet Service Providers Association estimates that 90 percent of email is spam. Chris Thompson, a spokesman for Spamhaus, an international non-profit group that tracks and combats spammers, said unlicensed radio stations may not broadcast, only the Postal Service can place mail in mailboxes and loud sound tracks are not allowed to troll neighborhoods at will.

But email is in a free-for-all world of its own, and your inbox remains open to everyone without much restraint. - Judi