> On Sep 23, 2021, at 9:08 PM, John Levine via mailop <[email protected]> wrote:
> 
> It appears that Jarland Donnell via mailop <[email protected]> said:
>>> * “the provider has a good faith, reasonable belief that the message
>>> contains malicious computer code, obscene material, material depicting
>>> sexual conduct, or material that violates other law”
>> 
>> And guess what I have on all of my spam filters? Good faith, reasonable 
>> evidence and belief that it contains material which violates the law: 
>> https://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003
> 
> CAN SPAM *allows* you to filter but it does not *require* you to filter.  
> Under CAN SPAM,
> unsolicited ads are entirely legal if they have an opt-out link and are not 
> deceptive.

However, CAN-SPAM is Federal law, which trumps state law - even, yes, Texas law 
(editorial comment about Texas and their view of their laws withheld).

Anne

--
Anne P. Mitchell,  Attorney at Law
CEO Get to the Inbox - We get you into the inbox!
Author: The Email Deliverability Handbook
Author: Section 6 of the Federal Email Marketing Law (CAN-SPAM)
Email Marketing Deliverability and Best Practices Expert
Board of Directors, Denver Internet Exchange
Chair Emeritus, Asilomar Microcomputer Workshop
Former Counsel: MAPS Anti-Spam Blacklist
Location: Boulder, Colorado
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