1 edit | It didn't give a right to send COMMERCIAL spam If you are spamming a political viewpoint; a religious viewpoint; or your just plain old own nutty ideas it is protected as ruled.
The Va law got in trouble because it banned ALL spamming and not just commercial spam. If they had stuck to the same rules as the Can Spam act and other acts, the guy would have been convicted as the judge said.
He also would have been guilty under Can Spam, except he committed his offenses BEFORE those laws were passed.
Justice G. Steven Agee, who has since moved to the U.S. Court of Appeals for the 4th Circuit, wrote the unanimous opinion for the court. "The right to engage in anonymous speech, particularly anonymous political or religious speech, is 'an aspect of the freedom of speech protected by the First Amendment,' " Agee wrote, citing a 1995 U.S. Supreme Court case.
The court determined that the law does not limit its restrictions on spam to commercial or fraudulent e-mail or to such unprotected speech as obscenity or defamation. Many other states and the federal government drafted anti-spam laws after Virginia, but often specifically restricted the regulations to commercial e-mails, the court found. The ruling affects only the Virginia statute. So, I guess I can still send out thousands of unsolicited emails(as long as I don't forge my email addr) calling Obama a disaster for the US and that McCain can save the world and not break the law
But I could then lose my broadband account because sending mass emails is against my TOS.
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| Re: It didn't gave a right to send COMMERCIAL spam said by fAcEtIOUs:If you are spamming a political viewpoint; a religious viewpoint; or your just plain old own nutty ideas it is protected as ruled. The Va law got in trouble because it banned ALL spamming and not just commercial spam. If they had stuck to the same rules as the Can Spam act and other acts, the guy would have been convicted as the judge said. He also would have been guilty under Can Spam, except he committed his offenses BEFORE those laws were passed. Justice G. Steven Agee, who has since moved to the U.S. Court of Appeals for the 4th Circuit, wrote the unanimous opinion for the court. "The right to engage in anonymous speech, particularly anonymous political or religious speech, is 'an aspect of the freedom of speech protected by the First Amendment,' " Agee wrote, citing a 1995 U.S. Supreme Court case.
The court determined that the law does not limit its restrictions on spam to commercial or fraudulent e-mail or to such unprotected speech as obscenity or defamation. Many other states and the federal government drafted anti-spam laws after Virginia, but often specifically restricted the regulations to commercial e-mails, the court found. The ruling affects only the Virginia statute. So, I guess I can still send out thousands of unsolicited emails(as long as I don't forge my email addr) calling Obama a disaster for the US and that McCain can save the world and not break the law But I could then lose my broadband account because sending mass emails is against my TOS. Of course Article I, section 10, clause 1 of the Constitution provides that no state shall pass any ex post facto law; Article I, section 9, clause 3 imposes the same prohibition upon the federal government. I have the text of the constitution here.
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| not the issue here!!! |
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 funchordsHelloPremium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5 | reply to fAcEtIOUs
Re: It didn't give a right to send COMMERCIAL spam My reading agrees with yours, TK, although I still sense that the court erred. It's natural extension is that every law ought to have an expressed escape clause allowing for anonymous political or religious expression. That's pretty crazy, especially considering that Jaynes had no injury owing to the omission of such an escape clause.
And if you do start spamming anti-Obama crap, you'd be earning your name "Junk Mail." 
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| said by funchords:My reading agrees with yours, TK, although I still sense that the court erred. It's natural extension is that every law ought to have an expressed escape clause allowing for anonymous political or religious expression. That's pretty crazy, especially considering that Jaynes had no injury owing to the omission of such an escape clause. And if you do start spamming anti-Obama crap, you'd be earning your name "Junk Mail." Anything with that Obamanation is Junk Mail. |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | reply to fAcEtIOUs
i think all kinds of spam should be illegal. its your right to voice your opinions on the internet just not into my inbox. not that my outlook doesnt just circular file the spams anyway.
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