CAN SPAM and the first amendement
From Venkat at Eric Goldman’s blog we find the federal court has rejected an attempt to claim spam was “protected anonymous speech.”
Related Posts
Legal analysis of Hypertouch v. Valueclick
Venkat has an analysis of the Hypertouch v. Valueclick case and recent appeals court ruling.
Read MoreCAN SPAM Plaintiff ordered to pay 800K in lawyer fees
Asis Internet service has been ordered to pay over $800,000 in lawyer fees to Optin Global. Venkat has details. This is the same company that was recently awarded $2.5M judgment in a different case.
Read MoreCanada passes anti-spam bill
Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer.
Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-28/C-28_3/C-28_3.PDF
It’s fairly dense and I’m still reading through the final version. Of critical importance for anyone marketing in Canada is that it sets requirements that commercial email be sent with the permission of the recipient. This is different from CAN SPAM here in the US which doesn’t require consent of the recipient, but allows anyone to send unsolicited email as long as it meets the standards set by the law.
CBC Story
Return Path blog post
CAUCE posts
Thin Data implementation guide