Checking Your Spamming Burdens at the Dormant Commerce Clause/Jurisdiction Doors?
An update on the disjointed state of state spam law cases By Ethan Ackerman Despite the passage of the federal CAN-SPAM Act in 2003, state spam laws continue to be enforced by states, and it appears private litigation under them…
Wasted Time as a Damage–Paglinawan v. Frey
By Eric Goldman Paglinawan v. Frey, No. 2:06-cv-00099-RSM (W.D. Wash. complaint filed Jan. 19, 2006). James Frey publishes the book “A Million Little Pieces.” It’s marketed as a non-fiction book, but some of it is actually fiction. Readers are upset…
Marquette’s Link to the Father of Spam
By Eric Goldman You may recall the story of the first spam. A guy named Gary Thuerk worked for Digital Equipment Company. In 1978, he sent unsolicited emails to over 400 Internet users inviting them to attend a demonstration of…
Is the Florida Attorney General a Spammer?
By Eric Goldman This is hardly the first time that politicians have been caught spamming (in Florida or otherwise), but the irony is palpable. According to Reuters: “Charlie Crist was a staunch defender of a tough anti-spam law passed by…
Spam-Free-or-Die Video
By Eric Goldman I recommend joke videos pretty rarely, but this one made me laugh out loud! (and the music wasn’t too bad either). With its vigilante sentiments, it captures the prevailing anti-spam attitudes perfectly. Check out the “Spam-Free-or-Die” video,…
Cellphone Spam Violates TCPA–Joffe v. Acacia Mortgage
Joffe v. Acacia Mortgage Corp., No. 1 CA-CV 02-0701 (Ariz. Ct. App. Sept. 20, 2005). When is an email a telephone call? The Arizona Court of Appeals says that an email is a telephone call when the receiver gets a…
U.T. v. Longhornsingles.com Part 2 – state email filtering
This second post of a two-part posting continues looking at the 5th Circuit’s opinion in this unique case. The first post focused on the CAN-SPAM Act and how the court applied it in this case. This scond post will talk about 1st Amendment complications when a government agency or entity (in this case the University of Texas) adopts a filtering policy or blocks email.
White Buffalo – the 5th Circuit hits on LonghornSingles.com
This two-part post it going to take a rather detailed look at the 5th Circuit’s opinion in this unique case, talking in Part One about the CAN-SPAM Act and how the court applies it in this case.
2004 Case on Advertiser Liability for Spam
Fenn v. Redmond Venture, Inc., 2004 UT App 355 (Utah Ct. App. Oct. 15, 2004). I was digging through my stack and stumbled across this case from last year. It seems apropos to a running theme on this blog about…
FTC Cracks Down on Porn Spam
The FTC has brought enforcement actions against seven companies for violating failing to include the “SEXUALLY-EXPLICIT” label on emails where such labels are required under CAN-SPAM and the implementing FTC regulations (as well as other violations of CAN-SPAM). Four of…