A New Spam Civil War in the US
Nov 18 2005
The first official challenge by legitimate marketers. We actually expected it sooner, but here is the first, of what I anticipate to be many groups joining the challenge.
Utah “Do Not E-Mail” Registry Faces Court Challenge
A TRADE GROUP REPRESENTING MEMBERS of the adult entertainment industry Thursday asked a Utah court to nix a recent law prohibiting e-mail marketers from sending promotions for material considered harmful to minors to e-mail boxes that can be accessed by children under 18.
The trade association, “Free Speech Coalition,” argues that Utah’s law isn’t valid under the federal Can-Spam statute–which supersedes state laws regulating commercial e-mail, except for laws relating to fraud and computer crimes. The group is seeking an order barring Utah from enforcing the law.
The Email Service Provider Coalition, which represents mainstream e-mail marketing companies, also opposes the Utah law and plans to seek permission to file a “friend of the court” brief, said Trevor Hughes, executive director of the Email Service Provider Coalition.
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