Lex 8256: The Law in Cyberspace Seminar

Spam

We likely won't need the entire two hours today for our discusion of net neutrality, so we should have some time for these materials. Explore the FTC's SPAM page; read Ironport's summary of its 2008 Internet Security Trends Report; and skim the FTC's 2007 report Spam Summit: The Next Generation of Threats and Solutions. Now visit Spamhaus. What is it? How does it work?

Read the federal CAN-SPAM Act, Public Law 108-187 (2003). What does it prohibit? What does it permit? Read the FTC's The CAN-SPAM Act: Requirements for Commercial Emailers, and take a look at some of the FTC's enforcement actions:

FTC v. Phoenix Avatar (2005 news release)
US v. Cyberheat, CV-05-457-TUC-DCB (D. Ariz. 2007)
US v. Membersource Media, (news release), and Statement of Commissioner Liebowitz

Now scroll through David Sorkin's summaries of state spam laws. To what extent are these laws preempted by the federal CAN-SPAM Act? For differing responses, skim Commonwealth v. Jaynes, 48 Va. App. 673 (Va. Court of Appeals 2006), and then read Omega World Travel v. Mummagraphics, 469 F.3d 348 (4th Cir. 2006). (This Va. Court of Appeals opinion in Jaynes was later reversed by the Virginia Supreme Court on other grounds; you'll be reading that opinion as part of Ken's assignment next week.)