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Category: Legal

Techdirt lawsuit settled

Back in 2017 Techdirt wrote a series of articles about Shiva Ayyadura. Shiva claims he invented email. (narrator voice: he didn’t). I wrote about the lawsuit when it was dismissed on First Amendment grounds. The parties cross appealed, and have been in settlement talks for 18 months. According to Techdirt, the non-monetary settlement they agreed […]

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CRTC fines individual for company violations under CASL

The Commission finds that nCrowd, Inc. committed one violation of paragraph 6(1)(a) and one violation of paragraph 6(2)(c) of Canada’s Anti-Spam Legislation (the Act) in relation to commercial electronic messages sent to recipients in Canada. The Commission also finds that Brian Conley is liable, under section 31 of the Act, for those violations. Accordingly, the […]

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CAN-SPAM Again

The US CAN-SPAM act is the primary US legislation covering commercial email. It’s been around since 2003, but I still see a steady stream of questions about it, and the folkloric answers to some of them are all over the place. What does CAN-SPAM require? The important requirements are Don’t use false or misleading header […]

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First major GDPR fine

Only now I realize there should have been a pool around GDPR enforcement. We could have placed bets on the first company fined, the first country to fine, over/under on the fine amount, month and year of action. But, it’s too late, all bets are closed, we have our first action. Today the French National Data Protection […]

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Who didn't invent email, part 2

Back in 2014, Steve wrote an article discussing Shiva Ayyadurai,and his claims that he was the inventor of email. In that article he links to a number of articles from Techdirt. Earlier this year, Shiva sued Floor64, the parent company of Techdirt, as well as Michael Massnick the Founder, CEO and editor and Leigh Beadon, a writer […]

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FTC solicits CAN-SPAM feedback

The FTC (US Federal Trade Commission) is soliciting comments on CAN-SPAM legislation: A. General Issues 1. Is there a continuing need for the Rule? Why or why not? 2. What benefits has the Rule provided to consumers? What evidence supports the asserted benefits? 3. What modifications, if any, should be made to the Rule to […]

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Botnet herder / spam kingpin arrested

Via Krebs on Security, a russian named Pyotr Levashov has been arrested in Spain. According to news reports (NY Times, Reuters) the arrest happened in response to a warrant issued by the US, but no details were given as to what he was being charged with. The DoJ says the case is currently under seal and will […]

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More CASL enforcement

Last week the CRTC published a CASL enforcement action wherein they fined an individual $15,000 for 10 violations of the act. The Commission imposes an administrative monetary penalty of $15,000 on William Rapanos for 10 violations of section 6 of Canada’s Anti-Spam Legislation. Specifically, Mr. Rapanos sent commercial electronic messages (i) that did not identify […]

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Another CASL fine assessed

This week the Canadian Radio-television and Telecommunications Commission (CRTC) announced a $50,000 fine against Blackstone Learning Corp. for violations of CASL. In early 2015, the CRTC identified over 380,000 emails sent without the consent of recipients and fined Blackstone $640,000. Blackstone appealed the ruling and the Commission lowered the fine to $50,000. I strongly recommend […]

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Affiliates can be liable for fraud

An article popped up on LinkedIn about a recent 2nd court of appeals ruling that I thought was interesting. Back in 2011, the FTC and the state of Connecticut filed suit against a company called LeanSpa and their affiliate marketer called LeadClick. LeanSpa sold various diet products through negative option marketing. LeadClick was the affiliate […]

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