LEGAL STANDING OF INTERNET ACCESS SERVICES UNDER THE U.S. CAN-SPAM ACT

Generally, standing under the United States (U.S.) CAN-SPAM Act is granted to the Federal Communications Commission and, in some cases, to the States’ Attorneys General. Private entities that fit the definition of “Internet Access Service” may also have standing if they prove that have been adversely affected by spamming activities. Numerous U.S. courts have elaborated on the definition of Internet Access Service to provide clearer guidance as to which private entities enjoy the right of standing under the CAN-SPAM Act.

The following questions have been addressed in this article:

What are examples of entities that have been found to fit the definition of an IAS?
On what basis did the court in Haselton find that the terms Internet Access Service and Internet Service Provider are not interchangeable?
What other definitions of an IAS have been offered by the courts?

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