Court Tells Spammer That It's Not Illegal For An ISP To Filter Its Emails
from the in-no-uncertain-terms dept
Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer.The key in this case was that the judge relied on section 230 of the CDA -- a section of the law that we often talk about for shielding service providers against the actions of its users. In this case, it's a different part of section 230, which also shields ISPs from liability for "good faith" efforts to block objectionable content -- and then the court says that it's clear that Congress and the courts have determined that spam is objectionable content.
This isn't the first time we've seen cases like this. A few years back a series of courts all ruled against a spam company which claimed that it had followed the "rules" in CAN SPAM, so filtering its spam was illegal. It's nice to see the courts recognize that's simply not true.