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…

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…

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…

In the Courts: Email Litigation, FTC Enforcement, Righthaven’s Losing Streak and More

Michigan Email Law Preempted Under CAN-SPAM A Michigan Federal Court dismissed a complaint under Michigan’s commercial email statute finding that it was preempted by the CAN-SPAM Act of 2003.  As interpreted, the federal law only permits state regulation dealing with material  falsity or deception in emails, but the court found that the Michigan law was…