lawyers. The federal law says is superseded state laws, but the federal law
also says it only applies to interstate commerce and specifically to
"protected computers" which are "used in interstate or foreign commerce or
communication".
I can see state lawyers arguing that their state law isn't exempted when the
spam is sent to "nonprotected computers".
-Kevin
----- Original Message -----
From: "Doug White" <[EMAIL PROTECTED]>
To: "CF-Community" <[EMAIL PROTECTED]>
Sent: Wednesday, December 17, 2003 8:45 PM
Subject: Re: CAN SPAM
> The main shortcoming of the act is that it will legalize the spammer's
spew.
> End users are precluded from suing spammers, and secondly, it invalidates
the
> more restrictive state laws that have recently passed.
>
> Blocking spammers with technology will continue to thrive.
>
> ======================================
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> http://www.clickdoug.com/mailfilter.cfm
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> ----- Original Message -----
> From: "Erika L Walker-Arnold" <[EMAIL PROTECTED]>
> To: "CF-Community" <[EMAIL PROTECTED]>
> Sent: Wednesday, December 17, 2003 8:22 PM
> Subject: CAN SPAM
>
>
> | Was this mentioned here?
> |
> | http://www.verticalresponse.com/resources/can-spam_act.pdf
> |
> | New anti-spam legislation going into effect January 1, 2004. The
> | "Controlling the Assault of Non-Solicited Pornography and Marketing Act
> | of 2003" (CAN-SPAM Act) was signed into law on December 16, 2004 by
> | President George W. Bush and will take effect at the end of this month.
> |
> |
> | Main Points of the CAN-SPAM law
> |
> | -Outlaws the use of false or misleading headers
> | -Outlaws the use of deceptive subject lines
> | -Requires a clear and conspicuous opt-out mechanism within every
> | commercial email
> | -Requires the inclusion of a valid physical postal address within every
> | commercial email
> |
> | The FTC (Federal Trade Commission) will be strict in their enforcement
> | of the CAN-SPAM law and violators may be subject to "cease and desist"
> | orders or penalties up to $11,000 per violation. Criminal prosecution is
> | also possible in the case of egregious offenders, which can result in
> | penalties such as fines, forfeiture of proceeds and equipment. The worst
> | offenders will also be subject to prison time.
> |
> |
> |
> |
> | Cheers,
> | Erika
> |
> |
> |
>
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