Thursday, October 23, 2008

Virginia Strikes Down Anti-Spam Law

Virginia Supreme Court Finds State Anti-Spam Law Unconstitutionally Overbroad in Violation of First Amendment (Back to Top)

In a rehearing of an earlier decision, the Virginia Supreme Court struck down as unconstitutional the anti-spam e-mail provisions of the Virginia Computer Crimes Act. The court held that the law was unconstitutionally overbroad on its face because it prohibited the anonymous transmission of all unsolicited bulk e-mails, including those that contained anonymous political, religious, or other expressive speech.

A North Carolina resident who was convicted under Virginia’s anti-spam law after sending batches consisting of more than 10,000 unsolicited commercial e-mails on multiple occasions to customers of America Online, Inc....

To read more, click HERE, and select Privacy & Information, October 2008.


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