Because several states - like Delaware - have already passed laws banning unsolicited email, to no real effect, many netizens have written off state legislation as a means of squelching spam. But Delaware's attorney general office never attempted to enforce its paper law. A California measure, signed yesterday by Governor Gray Davis, is different both in that the administration intends to prosecute the matter and that the law allows for civil suits to blossom directly from spam victims to spammers.

Californians are the senders or receivers of about 20 percent of U.S. emails, so it would be almost impossible for spammers to cleanse their lists of state residents, effectively making this an national policy. But first, it must pass muster in federal court, where the pesky Commerce Clause might force the court to rule the law an inappropriate interference with interstate commerce.

This impending legal battle will cast the characters of the issue in a stark light, and mainstream marketers may find themselves painted with the broad brush of spammers if they become prominent spokespeople against the measure.

Posted by: DTB at 3:57 PM  |  Permalink