CAN-SPAM Doesn’t Preempt CA Privacy Law–Powers v. Pottery Barn
by Ethan Ackerman On Sept. 19th, a California state appellate court held that CAN-SPAM doesn’t categorically trump state laws that may address email. Defendant retail store Pottery Barn was hoping it would agree with the initial ruling of the California…
Why More Wikipedia Editing Restrictions Are Inevitable, and Some Comments on Flagged Revisions for Living People’s Biographies
By Eric Goldman I have posted my latest article, “Wikipedia’s Labor Squeeze and its Consequences,” to SSRN. The article will be published in the Journal of Telecommunications and High Technology Law in the relatively near future. The article is still…
An End to Spam Litigation Factories?–Gordon v. Virtumundo
By Eric Goldman Gordon v. Virtumundo, Inc., No. 07-35487 (9th Cir. Aug. 6, 2009) When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn’t trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize…
Ninth Circuit Revives TCPA Claim–Satterfield v. Simon & Schuster
By Eric Goldman Satterfield v. Simon & Schuster, Inc., No. 07-16356 (9th Circuit June 19, 2009) Satterfield sued Simon & Schuster (and its mobile ad agency) for sending text messages to her cellphone without the requisite permission. The district court…
Twitter, Email and Brand Engagement
By Eric Goldman Last week, in an interview with a reporter, I extolled the virtues of Twitter as a tool for brands to keep in touch with and engage their customers. The reporter responded by asking why brands would choose…
Expansive Preemption of State Anti-Spam Laws Is Curtailed
Courts are splitting over the scope of CAN-SPAM preemption, with even judges in the same federal division disagreeing. By Ethan Ackerman It is a truth universally recognized that a legal blogger whose legal positions cause them to eat crow or…
April 2009 Quick Links
By Eric Goldman [Just a reminder that I am posting some “quick links” exclusively to my Twitter account, so if you want to keep up with everything, follow me at Twitter or subscribe to the RSS feed.] Marketing/Spam * Zango…
Q1 2009 Quick Links, Part 2
By Eric Goldman Trademarks/Domain Names * The ridiculous Jones Day v. BlockShopper case settled. The settlement agreement. The ABA Journal and Legal Blog Watch stories. Commentary from CMLP, Paul Levy, Tom O’Toole. * The trial court denouement of the S&L…
Q1 2009 CAN-SPAM Quick Recaps
by Ethan Ackerman While it seems most CAN-SPAM watchers (and even traditional media, apparently) await the results of key 9th Circuit and California Supreme Court cases, CAN-SPAM rulings in lower courts and in other Circuits continue to trickle in. Two…
Virginia v. Jaynes – This Time Really is The End
by Ethan Ackerman The US Supreme Court has declined to grant a petition for certiorari filed by Virginia’s Attorney General in Virginia v. Jaynes. That denial means the Virginia state Supreme Court’s holding is the final say in the Jaynes…