on 5/31/02 5:10 PM, Troy Rollo at [EMAIL PROTECTED] wrote: >> the precedent established >> with unsolicited faxes should carry the day. > > Somebody said recently that the TCPA provisions regarding unsolicited faxes > had never been challenged on constitutional grounds. I have not done any > research to verify or contradict this.
They have - with one exception, a case in Missouri, it's been upheld. See: http://writ.news.findlaw.com/commentary/20020502_ramasastry.html Earlier, I'd been reading an interesting paper which held that the TCPA was already applicable to email. Unfortunately, I can't put my hands on the link, but the gist of the argument was that the typical computer satisfies the definition of a fax machine as defined in the TCPA - and if it acts like a fax machine, sounds like a fax machine, etc. - it's a fax machine. The author pointed out a few problems with the theory, but it might make for an interesting court case... Dale _______________________________________________ spamcon-general mailing list [EMAIL PROTECTED] http://mail.spamcon.org/mailman/listinfo/spamcon-general#subscribers Subscribe, unsubscribe, etc: Use the URL above or send "help" in body of message to [EMAIL PROTECTED] Contact administrator: [EMAIL PROTECTED]
