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.

Tuesday, October 14, 2008

Privacy News - October 2008

Privacy News - Personal Information
Select Privacy & Information - October 2008
As of October 1, 2008, New Laws in Nevada and Connecticut Require Protection of Personal Information

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Interpreting Driver’s Privacy Protection Act, Third Circuit Holds Plaintiffs Not in State Motor Vehicle Databases Lack Standing to Sue

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Ninth Circuit Orders Severance of Preempted Provisions and Reform of California Financial Information Privacy Act

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District Court Finds Utah Statute Requiring Sex Offenders to Divulge Internet Identifying Information Unconstitutionally Restricts Plaintiff’s First Amendment Rights

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Privacy News - Communications
Select Privacy & Information - October 2008
U.S. District Court Holds Government Cannot Obtain Cell Phone User Location Information without a Warrant

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Privacy News - Federal Legislative Activity
Select Privacy & Information - October 2008
Federal Privacy & Information Legislation Introduced in the 110th Congress