Cal Lawyers Ass’n Committees Come Out Against Email Law Changes (AB 2546)

The Intellectual Property Law Section and the Internet and Privacy Law Committee of the Business Law Section of the California Lawyers Association have issued a joint letter opposing AB 2546 amending California’s existing commercial email law.  The California Lawyers Association is a newly formed entity comprised of the various legal practice sections that formerly were…

Amended Cal Email Bill Is Still a Job Killer

Assemblyman Chau has released an amended version of AB 2546 (which amends California’s existing commercial email law) that reflects changes won during the hearing before the Senate Business, Professions and Economic Development Committee (a copy of which is below). The bill, whose primary proponent appears to be plaintiff’s lawyer Dan Balsam (who also would be the bill’s…

New Anti-Spam Legislation Endangers California E-Commerce and Charitable Organizations

California’s 2005 anti-spam law, which is designed to address deceptive email practices, is one of the toughest in the country.  This week the California Assembly likely will vote on amendments to the law that will seriously harm e-commerce companies and charitable organizations in California and beyond. Assemblyman Chau’s (D-San Gabriel Valley) AB 2546, was primarily…

California’s Dangerous Spam Lawyer Relief Bill

When it comes to regulating commercial email, California has a checkered history at best. 2003 – California Almost Shuts Down Commercial Email In 2003, California almost shut down all commercial email in the United States when it passed the poorly drafted California Anti-Spam Act (“CASA”) banning the sending of unsolicited commercial email.  I testified against…

9th Circuit Weighs in on CFAA and CAN-SPAM

9th Circuit Weighs in on CFAA and CAN-SPAM The Computer Fraud and Abuse Act (“CFAA”) provides civil and criminal penalties against come who “intentionally accesses a computer without authorization or exceeds authorized access and thereby obtains . . . information from any protected computer.” 18 U.S.C.§ 1030(a)(2). Courts have struggled over what is the role of…