Taking a Second Shot at Spammers Wired points out that, while the Can Spam Act did pre-empt existing state laws, it didn't set out to pre-empt all future state regulations. A little-noticed clause toward the bottom explicitly allows states to regulate spam based on "falsity and deception." This would allow states to regulate the sort of spam that the Direct Marketing Association worries about - the small operation, low-to-the-ground emailers using false headers - but disallow the states from regulating what everyone else in the world considers spam: unsolicited commercial email.
Read Article >> Posted by: DTB at 9:15 PM  |  Permalink