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Category: Legal

CASL and existing opt-in addresses

The Canadian Anti-Spam law takes effect this summer. EmailKarma has a guest post by Shaun Brown that talks about how to handle current opt-in subscribers under the law. Express consents, obtained before CASL comes into force, to collect or to use electronic addresses to send commercial electronic messages will be recognized as being compliant with […]

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Canada announces CASL regulation start date

This morning Industry Canada published its final regulations regarding the implementation of the Canadian Anti-Spam Law. Email related provisions of the law will take effect June 1, 2014. What does this mean? It means that anyone sending mail from Canada or anyone sending mail that is accessed in Canada is required to have explicit opt-in […]

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ICANN goes after Dynamic Dolphin

ICANN sent a letter to domain registrar Dynamic Dolphin notifying them of their non-compliance with the ICANN Registrar Agreement. HT: Neil Schwartzman (Today appears to be retro-blogging day. First I blog about s.1618 then I blog about Scott Richter.)

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Google wiretapping case, what the judge ruled

Yesterday I reported that the judge had ruled on Google’s motion to dismiss. Today I’ll take a little bit deeper look at the case and the interesting things that were in denial of the motion to dismiss. Google is being sued for violations of federal wiretapping laws, the California invasion of privacy act (CIPA) and […]

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No expectation of privacy, says Google

I spent yesterday afternoon in Judge Koh’s courtroom listening to arguments on whether or not the class action suit against Google based on their scanning of emails for advertising purposes can go forward. This is the case that made news a few weeks ago because Google stated in their brief that users have “no expectation […]

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Patent trolling, meet RPost

Yesterday I mentioned Ubicomm and their patent trolling based on an ancient Xerox patent they acquired earlier this year. I think the mere fact that Xerox sold the patent says all we need to know about how applicable it is. The other patent troll in the email space right now is RPost. Steve did a […]

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Patent trolling

I’ve recently become aware of activity from a couple patent trolls in the email space. One is UbiCommLLC. They appear to be suing the Internet for violating a patent they acquired from Xerox. The lawsuit claim is that shopping cart abandonment emails violate a patent they own. I did a little reading on this recently. […]

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Gmail says no expectation of privacy, kinda.

Consumer Watch put out a press release yesterday about a court filing made by Gmail that says Gmail users have no expectation of privacy. I pulled a bunch of the docs yesterday, but have had no real time to read or digest them. For recap users everything I pulled (and stuff other people have pulled) […]

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Papa John’s settles texting suit

Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never opted in to receive promotional text from the company. Papa John’s claim that they didn’t send the marketing, but instead was sent by third […]

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CAN SPAM ruling against whois privacy protection

A number of bloggers (Venkat B., John L. and Rebecca T.) have mentioned ZooBuh, Inc. v. Better Broadcasting, LLC (No.: 2:11cv00516-DN (D. Utah May 31, 2013)) recently. In summary of the case is that ZooBuh is an ISP that has sued Better Broadcasting for spamming in violation of CAN SPAM. Their case hinged on the […]

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