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Author Topic: News Article: Anti-Spam Law Declared Unconstitutional  (Read 2498 times)

Ehtyar

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News Article: Anti-Spam Law Declared Unconstitutional
« on: September 14, 2008, 05:20:57 AM »
The Virginia Supreme Court has declared the state's anti-spam laws violate the 5th amendment.

Screenshot - 14_09_2008 , 8_21_31 PM_thumb.png


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The Virginia Supreme Court declared the state's anti-spam law unconstitutional Friday and reversed the conviction of a man once considered one of the world's most prolific spammers.

The court unanimously agreed with Jeremy Jaynes' argument that the law violates the free-speech protections of the First Amendment because it does not just restrict commercial e-mails - it restricts other unsolicited messages as well. Most other states also have anti-spam laws, and there is a federal CAN-SPAM Act as well, but those laws apply only to commercial e-mail pitches.

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Ehtyar.

mouser

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Re: News Article: Anti-Spam Law Declared Unconstitutional
« Reply #1 on: September 14, 2008, 07:46:24 AM »
damn it  >:(

gexecuter

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Re: News Article: Anti-Spam Law Declared Unconstitutional
« Reply #2 on: September 14, 2008, 05:10:07 PM »
This sucks!
Mouser is made of win and awesome!

Deozaan

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Re: News Article: Anti-Spam Law Declared Unconstitutional
« Reply #3 on: September 14, 2008, 05:35:03 PM »
Boo for Virginia! Of course, that's without me having any knowledge of the law. A lot of times when laws are passed they promote one big issue and kind of put in fine print another restriction or law that nobody even knows about so people get all fired up about the big issue and pass it to a law without knowing what other laws/restrictions they've just implemented.

This could be one of those cases.


mwb1100

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Re: News Article: Anti-Spam Law Declared Unconstitutional
« Reply #4 on: September 14, 2008, 05:43:30 PM »
One bright spot is that the court struck down the law because it extended to non-commercial speech, but most anti-spam laws apply only to commercial emails:

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the ruling won't have broad repercussions because Virginia is the only state that prohibits noncommercial spam

app103

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Re: News Article: Anti-Spam Law Declared Unconstitutional
« Reply #5 on: September 15, 2008, 05:19:14 PM »
One bright spot is that the court struck down the law because it extended to non-commercial speech, but most anti-spam laws apply only to commercial emails:

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the ruling won't have broad repercussions because Virginia is the only state that prohibits noncommercial spam

This means AOL users can resume forwarding crap to everyone in their address book again. (We all know this had to be the only reason why that law ever applied to non commercial spam to begin with, being that AOL's headquarters are in Virginia. :P)