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Home Front: Tech
Judge Overturns Maryland's Anti-Spam
2004-12-14
Get a rope!
A Montgomery County judge has ruled that Maryland's anti-spam law - one of the first attempts to control junk e-mail advertising - is unconstitutional because it seeks to regulate commerce outside the state's borders. The ruling by Circuit Judge Duke G. Thompson effectively overturns Maryland's 2002 Commercial Electronic Mail Act, which was the first state law passed to penalize people who sent spam. Thompson tossed out the case brought against a New York e-mail marketer by Eric Menhart, a George Washington University Law School student. "If this decision is upheld, it will serve as a road map for future defendants ... to argue that they cannot be held liable," David H. Kramer, a California attorney who specializes in Internet law, told The (Baltimore) Sun.

Congress and several state legislatures have passed laws to corral spam, the popular term for junk e-mail advertising. Critics complain that it chokes computer inboxes with solicitations for everything from male impotence drugs to weight counseling. Businesses lose millions of dollars trying to filter it, and individuals waste time managing it.
Posted by:Fred

#2  Wait a minute. The judge may have made some really awful decisions before (if the people who wrote what .com linked to are right), but that doesn't necessarily mean he's always wrong.

The Interstate Commerce clause, while wildly misapplied to federal laws since 1940, has been often used to knock down state laws. It depends on the exact wording of the Maryland law. If it punished someone sending an eMail from New York to Virginia, CC'ed to Maryland, it's a slam-dunk that the NY-VA eMail is not touchable by MD law. Now, whether the NY-MD eMail is allowable is another matter, I am not a constitutional law scholar.

No. I think this might well be appealed up the chain all the way.
Posted by: jackal   2004-12-14 2:50:00 PM  

#1  I was getting nowhere trying to google this guy... and whaddya know? His name was misspelled... he's Durke G. Thompson - and he has a history of interesting decisions. Here's a couple of articles about him... -1- -2-...
Posted by: .com   2004-12-14 1:01:10 PM  

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