Friday, January 27, 2006

Howard reports that a Maryland Court of Special Appeals pdf has upheld an anti-spam statute, which in practice regulates emails from any country to any country, which are both commercial and are alleged to be misleading. I don't like it.
This would seem to mean that any city town village or hamlet in Maryland can set its own rules for the world's email, without running into a commerce clause problem. The case makes an attempt to distinguish cases like Booksellers v Pataki which held state's can't censor internet speech. A dismissal was reversed. Unless there are further appeals, plaintiff, a law student running an antispam boutique, can proceed. Will he win anything? It's not clear. The spammer stopped once the guy asked to him to stop.
I hate spam, but I am not comfortable with the idea that Elkton Maryland can tell you what you can or can't email. I expect to see this on slashdot tomorrow.

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