Preemption of State Spam Laws by the Federal CAN-SPAM Act
Ford, Roger A., "Preemption of State Spam Laws by the Federal CAN-SPAM Act" . University of Chicago Law Review, Vol. 72, p. 355, 2005 Available at SSRN:
Despite these weaknesses, this Comment argues that when properly interpreted the CAN-SPAM Act leaves key state law provisions in force, and accordingly is stronger than many spam opponents first thought. First, the law explicitly preserves state laws to the extent that they prohibit falsity or deception in any portion of a commercial electronic mail message or information attached thereto. Though Congress was primarily concerned with saving state consumer protection laws, this language can be applied much more broadly. Second, the law is silent on the question of state law enforcement methods. State enforcement can be, and frequently is, substantially stronger than federal enforcement, which is largely limited to actions by the federal government, internet service providers, and state agencies.
The Comment concludes by arguing that this narrow interpretation of its preemption clause is most consistent with the CAN-SPAM Act's twin policy goals. By limiting the substantive provisions states may adopt, the Act prevents states from enacting inconsistent laws and enforces a uniform national spam policy. At the same time, narrowly interpreting the preemption clause permits states to experiment within the limits of that policy, in hopes of finding the most effective set of spam regulations.
Click here to see more on this topic.
Previous visitors have searched for information on lotus notes palm sync, lotus notes 6.5 and lotus notes. We do collect this information to update our site to your needs.
Lotus Notes is used by more than 100.000 people world wide. Other e-mail clients are: FastTrack Mail , GroupWise and Netscape and other personal information manager software are: Aethera , Aethera and Zimbra.
Products or trademarks named are used for reference, without any implied endorsement by their holders and
without intent to infringe. Disclaimer. Copyright 2005 - feedback hulsman @t h0tmail