us: Can-Spam put to the test

The last six months have not been particularly kind to the antispam community.Late last year, the U.S. Court of Appeals for the Fourth Circuit limited the reach of both state and federal spam laws to e-mails that contain “material” falsity or deception. And last week, a federal district court dismissed a Can-Spam claim on the basis that the plaintiff, James Gordon–who was not a traditional ISP–did not suffer the type of injury envisioned by the law, and thus lacked legal standing to sue.The court also signaled its intention to award attorney’s fees. While the decision will likely have minimal effect on claims brought by traditional ISPs, it is sure to take the sails out of the cottage industry built around spam litigation.

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