Legal analysis of Hypertouch v. Valueclick
Venkat has an analysis of the Hypertouch v. Valueclick case and recent appeals court ruling.
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Spammers aren't who you think they are
- laura
- Jan 25, 2010
Shady direct marketers exploit CAN SPAM to continue spamming but protect themselves from the law. This is something I’ve been talking about for a while (TWSD), and it’s nice to see the mainstream press noticing the same thing.
HT: Box of Meat
Supreme Court declines to hear anti-spam case
- laura
- Mar 31, 2009
Yesterday the Supreme Court declined to hear an appeal for Virginia v. Jaynes. This means that the Virginia state supreme court ruling overturning the Virginia anti-spam law currently stands.
Jeremy Jaynes was a well known spammer who went under the name Gavin Stubberfield. He was pretty famous in anti-spammer circles for sending horse porn spam. In 2003 he was arrested under the Virginia state anti-spam statute. He was initially convicted but the conviction was overturned on appeal.
Ethan Ackerman has blogged about this case, including a recap today.
Venkat Balasubramani has also blogged about this case.
Mickey Chandler has the docs.
John Levine weighed in.
News Articles: CNN, Washington Post, CNET
CAN SPAM preemption of CA law
- laura
- Jan 20, 2011
The California court of appeals returned a ruling yesterday in the Hypertouch v. ValueClick case. This is a case I haven’t talked about at all previously, but I think this ruling deserves a mention.
The short version is that Hypertouch sued Valueclick in 2008 under both CAN SPAM and the California anti-spam law. Eventually the judge in the case ruled that there was no clear evidence of fraud, therefore CAN SPAM preempted the California law.
Hypertouch appealed the case.
Yesterday the appeals court published their opinion and kicked the case back down to the lower court.