ONLINE SPAM ENFORCEMENT HEIGHTENED BY NEW FEDERAL LEGISLATION (CAN SPAM Act)

There is new legislation aimed at limiting unfiltered junk e-mail or as it is more commonly known Spam. The reason for this legislation is to prohibit senders from unsolicited commercial e-mail sites from disguising the origin of the e-mails and to allow consumers the opportunity to not receive these unsolicited e-mails.

The following questions have been addressed in this article:

What is SPAM?
Isn’t Spam constitutionally protected by the First Amendment?
Have States addressed this problem previously and what types of laws have been adopted?
What are the requirements of this new proposed federal legislation?
What are the penalties for failure to comply with this new proposed federal legislation and are the penalties discretionary?

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