Sunday, November 19, 2006
Florida rules that Florida can regulate email to Florida without infringing the dormant commerce clause, based on some factual distinctions with Pataki, the leading internet dormant commerce clause case. Cases like this make it more complicated as to whether each state, town and hamlet can have its own internet rules. While this case was about porn and sex, the issue often comes up in terms of spam and the web.
Here, pdf , on the other hand, is a case between Cruise.com and Suaspammer.com, which found that the federal canspam act preempts state regulation (at least Oklahoma's) and that the spammer had not violated the federal act. The Oklahoma regulation would ban anonymous email, a bad and probably unconstitutional rule, so it being preempted by the feds is in this case a net good thing for internet speech.
Here, pdf , on the other hand, is a case between Cruise.com and Suaspammer.com, which found that the federal canspam act preempts state regulation (at least Oklahoma's) and that the spammer had not violated the federal act. The Oklahoma regulation would ban anonymous email, a bad and probably unconstitutional rule, so it being preempted by the feds is in this case a net good thing for internet speech.
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