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by Carlo Longino


Filed Under:
spam, supreme court, virginia



Supreme Court Won't Consider Virginia Anti-Spam Law

from the spammers-have-rights-too dept

The US Supreme Court has passed on the state of Virginia's appeal to keep its anti-spam law in place. The state's Supreme Court had ruled the law was unconstitutional, following the appeal of a spammer that had been convicted under it. He argued that the law overstepped the boundaries by outlawing non-commercial, as well as commercial spam, including things like political and religious speech that have generally been protected under the First Amendment. By not taking up the case, the high court appears to be extending that protection to cover spam as well. On balance, that's probably a good thing -- particularly as this "loophole" is unlikely to really make the spam problem any worse.

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  1. identicon
    Weird Harold, 31 Mar 2009 @ 6:27am

    Re: Re: Re:

    One only has to look at the spam out there today and the spam from a very few years ago to know there is a huge difference in what you are seeing, courtesy of anti-spam laws.

    Pretty much all the spam I see these days is aimed either at selling illegal medication (offshore sourced junk), stock picks, home loans, or an attempt to infect my machine with one or more back doors, adding me to a botnet.

    The spam has all moved far offshore, often using infected botnet PCs as proxies to other hosts, and almost all at some level a scam. Their volume is huge, but it is 90% repeats on an attempt to trick you, and not a huge number of different spammers.

    For most western (specifically US) companies, spam is no longer an acceptable way to operate.

    So while the volume of spam is up, the actual content is way down, and few American companies are involved anymore.

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