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IP: Court upholds anti-spam law / Unsolicited e-mail not protected, judges say


From: David Farber <dave () farber net>
Date: Fri, 04 Jan 2002 18:11:18 -0500


From: Monty Solomon <monty () roscom com>

Court upholds anti-spam law
Unsolicited e-mail not protected, judges say

Bob Egelko, Kelly St. John, Chronicle Staff Writers
Friday, January 4, 2002

In a victory to thrill anyone annoyed by the "spam" that clogs e-mail
accounts, an appellate court has upheld the constitutionality of
California's tough 1998 law regulating unwanted commercial messages.

The state Court of Appeal ruled Wednesday that California can require
Internet "spammers" to identify their e-mails as advertisements. The
court also said they must provide ways for recipients to get off
their mailing lists.

The unanimous decision by a three-judge First Appellate District
court in San Francisco reversed a lower court's ruling that the law
is unconstitutional.

Wednesday's decision is the first higher court decision on the
validity of the law.

Today, similar laws are in effect in 18 states and have been proposed
in Congress since 1994.

...

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/01/04/MN228257.DTL

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