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…

Cyber Report: A Dozen Things You Need to Know (Patriot’s Day Edition)

April 20, 2015 A Dozen Things in Tech You Need to Know  Happy Patriot’s Day! Patriot’s Day commemorates that Battle of Lexington and Concord and the “shot heard ’round the world” that began the American Revolution.  It is a holiday in Maine and Massachachusetts and celebrated by, among other things, the running of the Boston…

CLBR #103: The PRISM of Privacy, Zoobuh and More

NEXT ON CLBR: (1) We navigate through the details of the NSA PRISM Program and the Foreign Intelligence Surveillance Act, as well as the President’s Summit with China on cybersecurity with Dr. Russ Burgos.  (see below) (2) Bennet discusses the recent Utah federal court decision in Zoobuh v Better Broadcasting.   (see link) (3) We…

Utah Expands Reach of CAN-SPAM

ZooBuh is a Utah-based Internet access service which provides email, chat, and blogging services to approximately 35,000 customers worldwide and is one of the more recent entrants to the anti-spam litigation club. In 2011 it filed several actions under the CAN-SPAM Act in Utah federal court against Better Broadcasting, LLC and other defendants.  [Full disclosure…

Wed 9/19 on CLBR #72: Cal Spam Law, Google, Islam and Censorship

NEXT CYBER LAW AND BUSINESS REPORT WEDNESDAY SEPTEMBER 19TH, 2012 10AM – 11AM PACIFIC ON WEBMASTERRADIO.FM SEGMENT 1:  JOHN DU WORS and LEEOR NETA talk about their successful effort to have the California Spam Law declared unconstitutional as preempted by Federal law. Backgrounder SEGMENT 2: JILLIAN YORK, the Director of International Freedom of Expression, Electronic Frontier…

In the Courts: Jiffy’s $47 Million, Gambling, Backpage, Kim Dotcom, Defamation and ISP Censorship Right

Advertiser Settles Text Messaging Claim under TCPA for $47 Million Jiffy Lube’s parent corporation may pay $47 million under a class action settlement arising from sending text messaging wthout opt-in consent in violation of the Telephone Consumer Protection Act.  Unlike CAN-SPAM which does not impose any opt-in requirements, text messages require opt-in consent under the TCPA.…