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story category MD Spam Law 'Unconstitutional'
Tries to 'regulate commerce' in other states
(old news - 02:07PM Tuesday Dec 14 2004)
tags: spam
According to the Washington Post, a Maryland Judge has ruled that state's new anti-spam law unconstitutional because it "seeks to regulate commerce outside the state's borders". Maryland's 2002 Commercial Electronic Mail Act was the first state level law passed to try and combat spam; the bill's creator (State Sen. Leonard H. Teitelbaum) says he's willing to modify the law to satisfy the Judge.

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Forums » MD Spam Law 'Unconstitutional'
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GOLFnSUN
Enjoy the sun
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join:2002-03-03
Avalon, NJ
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2 edits

Too bad the law was knocked down

The war against spam needs every method it can garner. It is too bad that the lawyers and judges will do their best to gut the fight against SPAM.

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hailinfantry
Bizarro Quinn
Premium
join:2004-01-18
Brooklyn, NY

Re: Too bad the law was knocked down

said by GOLFnSUN See Profile:

The war against spam needs every method it can garner. It is too bad that the lawyers and judges will do their best to gut the fight against SPAM.

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Yea. Screw those bastards for trying to interpret and uphold existing laws...

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
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not a suprise

this is one of the oldest parts of Federal Law, and one of the first rulings of the Supreme court circa 1800. Spam is crap but it is commerce of a sort.
--
Real Men use Vacuum tubes, 25 pound filament transformers, and plate voltages no less then 2400 volts...BPL I'm coming to get you

jwsmiths4
Part Man, Part Mac
Premium
join:2003-10-25
Savannah, GA

Re: not a suprise

yeah since that stupid study came out that said something like 1 in 4 people buy from SPAM... crazy

moseley
Premium
join:2001-05-05
Lemoyne, PA
clubs:

As a nation, we have become a little too cavalier about our rights. Giving up rights to stop spam is wrong. Then States could tax inter-state commerce, tax internet purchases, tax email usage an a slew of other things.

Spam costs companies tons of money. What could be done under current laws is a class action law suit. If the risk of sending spam goes up it is no longer a cost effective way to advertise.

Current fraud laws could be used. New federal laws could be used. Using the postal Service to commit fraud is crime why not email.
--
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Anon00
Premium
join:2001-09-25
USA

Re: not a suprise

said by moseley See Profile:

Current fraud laws could be used. New federal laws could be used. Using the postal Service to commit fraud is crime why not email.
Though getting junk mail isn't a crime so...

And there are laws to protect against out-right fraud, though not civil liability to the person receiving the e-mail, the system is just not equipped to dealing with the massive load that the Internet and E-mail brings. And yes, this is clearly an issue that the Federal government must act on and it is not up to the States to regulate commerce outside their borders but they happy to try to stop the conduct from occurring within their State, and as I understand it, it has been upheld that they can.

What will really stop spam is if stupid people receiving this crap will stop buying from them. I mean honestly, if no one signed up with AOL would they still send you 4 CDs a month in the mail?
--
"Ah, women. They make the highs higher and the lows more frequent." - Friedrich Nietzsche "'It's the law' is just an excuse for the unintelligent to remain that way" - Me

ylen131

join:2000-02-09
Canoga Park, CA

Re: not a suprise

said by Anon00 See Profile:

said by moseley See Profile:

Current fraud laws could be used. New federal laws could be used. Using the postal Service to commit fraud is crime why not email.
Though getting junk mail isn't a crime so...

And there are laws to protect against out-right fraud, though not civil liability to the person receiving the e-mail, the system is just not equipped to dealing with the massive load that the Internet and E-mail brings. And yes, this is clearly an issue that the Federal government must act on and it is not up to the States to regulate commerce outside their borders but they happy to try to stop the conduct from occurring within their State, and as I understand it, it has been upheld that they can.

What will really stop spam is if stupid people receiving this crap will stop buying from them. I mean honestly, if no one signed up with AOL would they still send you 4 CDs a month in the mail?
no they would send 10cds and would give you first 3 month free.
Anon00
Premium
join:2001-09-25
USA

Re: not a suprise

said by ylen131 See Profile:

no they would send 10cds and would give you first 3 month free.
LoL, true. But I mean more on a widespread scale of them not getting new users. I remember I tried to cancel (and dang thats an hassle) an account I had with them (only signed up to their free offering to get a discount) and they were like offering a free year of service. Of course I still cancelled it
--
"Ah, women. They make the highs higher and the lows more frequent." - Friedrich Nietzsche "'It's the law' is just an excuse for the unintelligent to remain that way" - Me
hskrfan23

join:2004-03-18
West Sacramento, CA

said by moseley See Profile:

Current fraud laws could be used. New federal laws could be used. Using the postal Service to commit fraud is crime why not email.
I would have to say because email is not a service of the federal government
Ahrenl

join:2004-10-26
North Andover, MA
·Verizon FIOS

Re: not a suprise

said by hskrfan23 See Profile:

said by moseley See Profile:


Current fraud laws could be used. New federal laws could be used. Using the postal Service to commit fraud is crime why not email.
I would have to say because email is not a service of the federal government
Niether is the US Postal service. It was privatized last decade.

ylen131

join:2000-02-09
Canoga Park, CA

Re: not a suprise

said by Ahrenl See Profile:

said by hskrfan23 See Profile:


said by moseley See Profile:



Current fraud laws could be used. New federal laws could be used. Using the postal Service to commit fraud is crime why not email.
I would have to say because email is not a service of the federal government
Niether is the US Postal service. It was privatized last decade.
hahahahaha. Us postal Service gets its budget from us government and no it has not been privatized yet.

Mellow
Premium
join:2001-11-16
Salisbury, MD

Blind Justice

I say we forward all that "commerce" to that judges email.

DaveNJ
No Fear

join:1999-09-01
New Jersey
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no clue

This is riduclus, and unnessary. Arent they about 100 million other things these courts could be doing. However maybe the judge has forgotten home rule.
--
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hailinfantry
Bizarro Quinn
Premium
join:2004-01-18
Brooklyn, NY

Re: no clue

said by DaveNJ See Profile:

This is riduclus, and unnessary. Arent they about 100 million other things these courts could be doing. However maybe the judge has forgotten home rule.
Wow. That was the sillyist, most ignorant statement I've EVER heard on this site.

What the hell do you think a court does? Exactly this. How did you get out of bed this morning...wait...you probably didn't.

DaveNJ
No Fear

join:1999-09-01
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Re: no clue

said by hailinfantry See Profile:

said by DaveNJ See Profile:


This is riduclus, and unnessary. Arent they about 100 million other things these courts could be doing. However maybe the judge has forgotten home rule.
Wow. That was the sillyist, most ignorant statement I've EVER heard on this site.

What the hell do you think a court does? Exactly this. How did you get out of bed this morning...wait...you probably didn't.
Maybe because of you never heard of home rule and what it implies. Oh wait did you open a law book ever?
--
Hollywood -we will take you for everything you got!- here are some commericals-YOU MUST WATCH,even if you paid for the DVD.

garagerock
Premium
join:2002-06-14
Louisville, KY

our spam laws vs. offshore operations

until we face the reality that offshore operations are largely responsible for what we call spam, we will continue to pass "legislation" that's as worthless as the paper it's printed on. close the tax loopholes and force the cheap bastards to adhere to US laws, and spam will decline. until then, keep deleting the "xanax and russian brides for free!" emails until the cows come home...

ylen131

join:2000-02-09
Canoga Park, CA

Re: our spam laws vs. offshore operations

said by garagerock See Profile:

until we face the reality that offshore operations are largely responsible for what we call spam, we will continue to pass "legislation" that's as worthless as the paper it's printed on. close the tax loopholes and force the cheap bastards to adhere to US laws, and spam will decline. until then, keep deleting the "xanax and russian brides for free!" emails until the cows come home...
how do you force someone from Russia to adhere to us laws?
Thaler
Premium
join:2004-02-02
Encino, CA

Re: our spam laws vs. offshore operations

One BIG stick.

garagerock
Premium
join:2002-06-14
Louisville, KY
you don't, but the companies who are owned by citizens who do business here (read: send spam) shouldn't be allowed to so flagrantly disregard US laws. make them register (and pay taxes) here, and watch spam decline. simple.

Derch
Premium
join:2004-10-16
Tulsa, OK

Figures...

Doesn't surprise me.
jasso

join:2004-11-15
Chico, TX

I Bet

If someone were to attach a virus to major Spammers, it would be spread to every computer in world within a matter of days. I also wonder that if the US Government required all online businesses to register their IP addresses, how many spam companies would jump off the spam-wagon. =p

ylen131

join:2000-02-09
Canoga Park, CA

Re: I Bet

said by jasso See Profile:

If someone were to attach a virus to major Spammers, it would be spread to every computer in world within a matter of days. I also wonder that if the US Government required all online businesses to register their IP addresses, how many spam companies would jump off the spam-wagon. =p
not many, most are not in usa so us laws don't apply to them

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
·Qwest.net

The only

Thing that is going to work is to set your own filters. I don't get near the spam I used to get thanks to the filters incorporated in to my mail clients. Bitching and moaning is not going to get rid of it we are just going to have to get used to it.
--
Real Men use Vacuum tubes, 25 pound filament transformers, and plate voltages no less then 2400 volts...BPL I'm coming to get you

ispjournalist

@internet.com

don't need laws

most spam is fraud. doesn't require new laws. requires better enforcement. need more $$$ for the FTC, don't need more words on paper.

insomniac84

join:2002-01-03
Schererville, IN

SPAM == Telephone calls

If states can restrict out of state phone calls they most certainly can restrict out of state spam. This judge was bought. I hope this goes to the supreme court so it will get upheld just as the do not call list was.

ylen131

join:2000-02-09
Canoga Park, CA

Re: SPAM == Telephone calls

said by insomniac84 See Profile:

If states can restrict out of state phone calls they most certainly can restrict out of state spam. This judge was bought. I hope this goes to the supreme court so it will get upheld just as the do not call list was.
right let see they will just do what? The only way they can restrict telephone calls from other countries is if the call get routed thru company in America otherwise they can't

newview
Ex .. Ex .. Exactly
Premium
join:2001-10-01
Parsonsburg, MD

The MD law will be upheld

An appeals court in California and the Washington state Supreme Court have upheld state laws that had been declared unconstitutional by lower courts on grounds similar to the Dec. 9 ruling in Maryland. The Maryland law was modeled after the Washington State law and will most like be upheld.
--
The Rules of Spam | Maryland's Newest Anti-Spam Law
Where are we going? And what's with the hand basket?

ylen131

join:2000-02-09
Canoga Park, CA

Re: The MD law will be upheld

said by newview See Profile:

An appeals court in California and the Washington state Supreme Court have upheld state laws that had been declared unconstitutional by lower courts on grounds similar to the Dec. 9 ruling in Maryland. The Maryland law was modeled after the Washington State law and will most like be upheld.
lets say its upheld what good will it do against spammers that are outside California or a ny other state

newview
Ex .. Ex .. Exactly
Premium
join:2001-10-01
Parsonsburg, MD

The MD law will be upheld

said by ylen131 See Profile:

lets say its upheld what good will it do against spammers that are outside California or a ny other state

The Maryland Spam Deterrence Act applies to email sent to or from Maryland residents, and specifically allows residents who receive email with certain false information to sue for damages. A separate criminal statute enacted in October adds criminal penalties of up to $25,000 and 10 years in prison.

The Maryland Spam Deterrence Act came into effect on 1 October and will enable law enforcers to arrest those using deceptive spam practices, such as false email addresses and misleading subject heads, and bans the harvesting of email addresses. It has also been written to extend the federal anti-spam law and allow state officials to investigate junk mailers and to seize personal property. The Maryland law allows ISPs to file civil charges against spammers operating in the state or sending spam through email servers located there.

As far as spammers located in California or NY . . . like any other law, reciprocal agreements with all states allow for extradition to face trial for laws broken in other states.
--
The Rules of Spam | Maryland's Newest Anti-Spam Law
Where are we going? And what's with the hand basket?

ylen131

join:2000-02-09
Canoga Park, CA

Re: The MD law will be upheld

sorry you misunderstood my question. I mean to ask how will this law stop spammers that are outside USA. USA laws don't apply on spammers that are in other countries

newview
Ex .. Ex .. Exactly
Premium
join:2001-10-01
Parsonsburg, MD

The MD law will be upheld

said by ylen131 See Profile:

sorry you misunderstood my question. I mean to ask how will this law stop spammers that are outside USA. USA laws don't apply on spammers that are in other countries

Of course this law has no effect on spam sent to/from/thru MD from spammers outside the US. But it will put a big crimp in spam operations within the US. Just because it will not stop spam from outside the US is no reason NOT to protect ourselves from spam within our own borders.

As more and more states pass anti-spam laws with teeth, as opposed to the lame Can-Spam Act, spammers will be forced offshore, where it's much easier to blacklist them, as much of China, Taiwan, Brazil, Argentina and Korea is right now.

So . . . tough anti-spam laws here where they can be enforced, and blacklisting those offshore countries/domains/networks who bend over to the spammers.
--
The Rules of Spam | Maryland's Newest Anti-Spam Law
Where are we going? And what's with the hand basket?
Forums » MD Spam Law 'Unconstitutional'


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