Re: Upside: Blocking 'spammers' can cause legal troubles

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At 18:57 9/19/2000 -0400, Gerald Oskoboiny wrote:
>http://www.upside.com/Upside_Counsel/39c64dec0_yahoo.html
>Courts in Washington and California have struck down certain anti-spam laws
>as unconstitutional, based on concerns that states should not impose
>differing requirements on interstate commerce.

That could be the saddest sentence in this story. That state laws barring
nuisances (spam) are considered to be interfere with interstate commerce.

> > After this court ruling, MAPS agreed to remove Yesmail from the
> > RBL, and Yesmail put its litigation on hold.  Soon after, the
> > case was settled, presumably on terms favorable to Yesmail.

Well, given a settlement, there's no ruling, but it'd be interested in
reading. In my 'reading' MAPS is a voluntary organization through which
participants express speech that should be free and NOT obstructed by
commerce considerations.

> > We haven't seen the end of email black hole litigation.  MAPS'
> > influence is huge: 20,000 companies that control 40 percent of
> > Internet email accounts subscribe to the RBL.

Gee, and of course, the powers-to-be are too hopped up on $hit to ask why
MAPS is so popular: because spam sucks and the government is so riddled with
monied interests it can't even adopt a consistent approach to allow people
to manage it.

> > The solution?

1. Campaign finance reform.
2. Radicalization of government through the advancement of aggressive civil
rights advocates.
__
Regards,          http://www.mit.edu/~reagle/
Joseph Reagle     E0 D5 B2 05 B6 12 DA 65  BE 4D E3 C1 6A 66 25 4E
MIT LCS Research Engineer at the World Wide Web Consortium.

* This email is from an independent academic account and is
not necessarily representative of my affiliations.

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