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…

Cal Court of Appeal Decision Questions Use of Private Domains for Email

In Balsam v Trancos (Cal. Ct. App. Nos.  A128485, A129458 – February 24, 2012), the Court of Appeal affirmed the trial court’s $7,000 judgment in favor of notorious spamigator Dan Balsam under California’s anti-spam law (Business & Professions Code Section 17529 et seq.)  It is the only case under the statute to actually go to trial…

9th Circuit: Private Domain Registration May Constitute Material Misrepresentation Under CAN-SPAM

In upholding the conviction of two porn spammers under CAN-SPAM, the 9th Circuit briefly addressed the question of private domain registrations which conceal registration information absent a subpoena.  In U.S. v. Kilbride, the court stated clearly that “private registration for the purpose of concealing the actual registrant’s identity would constitute “material falsification’” under the CAN-SPAM…