"This notice of appeal is the first step in obtaining reversal of what we believe to be wrongful convictions," Kilbride's attorney Gary Jay Kaufman told AVN Online. "These gentlemen were convicted of obscenity based on only two photographic images that are tame compared to what is currently available on the Internet.
"I believe the government pulled out all the stops in an attempt to register the first criminal conviction under the CAN-SPAM Act. We are looking forward to having the opportunity to present our briefs to the 9th Circuit Court of Appeals and are optimistic that our client will be vindicated."
Earlier this month, U.S. District Court Judge David G. Campbell sentenced Kilbride to six and a half years and sentenced Schaffer to five years and three months in federal prison for sending millions of unsolicited commercial email messages containing sexually explicit material.