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…