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Platinax Internet >> Platinax Internet News
« Blog metrics: by Intelliseek | Main | Australian police to use spyware and trojans » December 15, 2004US judge throws out anti-spam lawMaryland judge, Durke Thompson, ruled that a Maryland law being used to prosecute alleged e-mail spammer, New York firm, First Choice Internet, violated the US constitution on interstate commerce. According to the CNet article: Antispam law ruled unconstitutional First Choice Internet was sued by a George Washington University law student, Eric Menhart, who formed a Maryland company to file lawsuits against what he believes to be offensive marketing practices. But the judge ruled that Menhart spent most of his time in Washington, D.C., not Maryland, and it would be unfair to require a sender of e-mail to guess where the correspondence would be read. Ultimately, the judge ruled that First Choice Internet "did not intentionally direct their e-mails" specifically to residents of Maryland, thus there was no case of a prosecution to succeed. Judges in California and Washington State have already rejected anti-spamming prosecutions based on state laws, only to have the rulings overturned by appeal, based on details in the federal Can-Spam Act. The Maryland state law apparently targets fraudulent and deceptive spam specifically in its legislation, which remains an exception to other state legislation. Posted by brian_turner at December 15, 2004 08:32 PM | Discuss this in the Business, Marketing & Search forumsTrackback PingsTrackBack URL for this entry: Comments |
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