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Anti-spam Legislation

Investigate anti-spam legislation on the state level. Visit http://www.spamlaws.com/state/index.html and choose two states that have an anti-spam law. Prepare a short report comparing and contrasting the provisions of the two laws. Which of the two do you think would be more effective, and why. Then examine the state of anti-spam legislation on the federal level. (You can find information about pending federal legislation at http://www.spamlaws.com/federal/index.html). Why hasn't any federal anti-spam law been passed yet? If you prefer to work with the state of Europe, Asia or Africa laws on anti-spam, please explain how the situation is now and analyze how the situation will be in the next five years.

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Law at California

California legislature has passed and the Governor signed a bill designed to curb unsolicited commercial email advertising. In September 2003, legislation was approved in California that made it the second state (after Delaware) to adopt an opt-in rule for e-mail advertising. Under this legislation, it is illegal to send unsolicited commercial e-mail from California or to a California e-mail address. The law applies to senders as well as to advertisers on whose behalf messages are sent. It also includes less restrictive rules from which the broad prohibition may be severed in the event that it is struck as unconstitutional. (California's prior law, approved in September 1998, required opt-out disclosures and subject-line labels.)

Thus, California antispam law applies to both the senders and advertisers. A person or entity bringing an action against a person who violates the act may recover either or both of the following:

(i) Actual damages.

(ii) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of this section, up to one million dollars ($1,000,000) per ...

Solution Summary

This solution discusses anti-spam legislation.