A Maryland judge has tossed out a lawsuit against an alleged spammer, saying a state law restricting unsolicited e-mail is unconstitutional because it unfairly restricts interstate commerce.
Durke Thompson, a trial judge in Montgomery County, ruled that the Maryland law unduly discriminates against out-of-state commerce, a restriction that’s generally prohibited by the U.S. Constitution.
Thompson dismissed a lawsuit that a Maryland business had brought against a New York firm, First Choice Internet, saying in a ruling on Thursday that the company and its president “did not intentionally direct their e-mails” to Maryland residents.
“There’s no way for a person sending e-mail to know where the e-mail is going,” said Andrew Dansicker, a Baltimore lawyer representing First Choice Internet. “Until there is, it’s not fair to be passing statutes that penalize people for sending an e-mail.”
Source: c|net
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