Overriding State Anti-spam Laws
CAN-SPAM preempts (supersedes) state anti-spam laws that do not deal with fraud and was rushed through Congress just before a tougher anti-spam law passed in California. The relevant portion of CAN-SPAM reads:
This chapter supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.
Though this move was criticized by some anti-spam activists, some legal commentators praised it, citing a heavily punitive California law seen as overbroad and a wave of dubious suits filed in Utah.
Read more about this topic: CAN-SPAM Act Of 2003
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