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


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


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


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


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

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