more on BIG-TIME SPAMMER ARRESTED UNDER TOUGH VIRGINIA LAW

[Dave Farber <dave () farber net>]

Delivered-To: dfarber+ () ux13 sp cs cmu edu
Date: Wed, 17 Dec 2003 01:39:29 -0800
From: "Anne P. Mitchell, Esq." <amitchell () isipp com>
Subject: Re: [IP] BIG-TIME SPAMMER ARRESTED UNDER TOUGH VIRGINIA LAW
To: dave () farber net, ip () v2 listbox com

>   Much as I despise spammers, I believe this is an extraordinarily
>   dangerous
> precedent... am I to be liable for prosecution in another state merely
> because, at one point or another, a communication I sent that violated
> neither the laws of my own state, nor the laws of the destination
> state, touched a piece of equipment in a state where some element of
> it was illegal? Are Internet users going to be forced to familiarize
> themselves with the laws of every state in the union, and the physical
> location of each and every piece of equipment in use, in order to
> avoid prosecution?

It is precisely this sort of concern which is one impetus behind the
new Federal anti-spam law's preemption of state anti-spam law, a
preemption about which, I might add, many are quite upset.

With regard to your [ the original posters djf] misgivings, and to borrow 
from the press
regarding our upcoming "Spam and the Law" conference, "United States
law, case law, and legislation regarding spam is nothing if not a
confusing hodge-podge of frequently incomprehensible, often
ineffectual attempts at achieving balance between senders and
receivers of email. The attorneys themselves often can't make heads
nor tails of all of the different state laws and case law operating
in tension with each other, let alone the average business person on
whom they operate."

By the way, we have in the past offered, and I'm happy to offer
again, the group rate discount for the conference to the good readers
of these lists.

Anne

Anne P. Mitchell, Esq.
President/CEO
Institute for Spam & Internet Public Policy
Professor of Law, Lincoln Law School of SJ

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