Antispam Law Ruled Unconstitutional

KingFishKingFish
edited December 2004 in Science & Tech
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

Comments

  • Geeky1Geeky1 University of the Pacific (Stockton, CA, USA)
    edited December 2004
    And herein lies the problem with judicial review... :rolleyes:
  • mmonninmmonnin Centreville, VA
    edited December 2004
    This is where the judge needs to go above the law and do whats good for the country and make the constitution flexible.
  • EMTEMT Seattle, WA Icrontian
    edited December 2004
    Blaah. Nothin wrong with good ol judicial review. But I don't see what a state has to do with spam; maybe this judge's problem was that? I don't want to hear a stupid ruling from my home town :(
  • shwaipshwaip bluffin' with my muffin Icrontian
    edited December 2004
    EMT wrote:
    But I don't see what a state has to do with spam; maybe this judge's problem was that?

    Only the fed. gov't can regulate interstate commerce...since the spam is sent between state for the purpose of selling/advertisement, it likely falls under this category.
  • Geeky1Geeky1 University of the Pacific (Stockton, CA, USA)
    edited December 2004
    EMT wrote:
    Blaah. Nothin wrong with good ol judicial review.

    Outside of turning the country into an oligarchy, no, there's nothing wrong with it at all...
  • LincLinc Owner Detroit Icrontian
    edited December 2004
    Geeky1 wrote:
    Outside of turning the country into an oligarchy, no, there's nothing wrong with it at all...
    Welcome to Intro to US Politics. Geeky1 will be your professor today.
  • ThraxThrax 🐌 Austin, TX Icrontian
    edited December 2004
    General Keebler wrote:
    Welcome to Intro to US Politics. Geeky1 will be your professor today.

    Welcome to Intro to American Sarcasm. General Keebler will be your professor today.
  • TheSmJTheSmJ
    edited December 2004
    Thrax wrote:
    Welcome to Intro to American Sarcasm. General Keebler will be your professor today.


    Welcome to.... damnit!
  • CycloniteCyclonite Tampa, Florida Icrontian
    edited December 2004
    Damn it! TheSMJ beat me! I wanted to be the smartass... :p
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