Yes, Virginia, there is a Spammer Clause   - 1,809 Views,

Summary: The State of Virginia (the attorney general, in particular) is on a roll, with the 3rd arrest of members of a spam gang responsible for sending countless pieces of spam ... not from..not to...but *through* servers located in Virginia. Carrie Cantrell, spokesperson for VA ...

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The State of Virginia (the attorney general, in particular) is on a roll, with the 3rd arrest of members of a spam gang responsible for sending countless pieces of spam … not from..not to…but *through* servers located in Virginia.

Carrie Cantrell, spokesperson for VA Attorney General Jerry Kilgore, explains: “Although all of the suspects are from North Carolina,” Cantrell said, “they went through a server in Virginia, and as long as they go through Virginia then we can prosecute them under our Virginia statutes.”

There are two groups who should take note of these lawsuits: first, obviouly, spammers. Send spam, go to jail. It’s the law.

But ISPs, state attorney generals, and others in the “plaintiff” box should take note too. These cases are being brought, and arrests occurring, after the passage of CAN-SPAM. CAN-SPAM pre-empts state anti-spam laws *to some extent*, but not to the extent of rendering all state anti-spam laws mooted - for example, where there is no conflict between the state law and CAN-SPAM, a state law may still be able to be used to go after those pesky spammers. ISPs can also bring a suit under CAN-SPAM.

Read San Jose Mercury News story

Yes, Virginia, there is a Spammer Clause

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Previous Article « Showdown at the Spam Corral
Read Next Article » To All the People Whining That CAN-SPAM Hasn’t Worked

Read more:

»  Justice Department Takes “Slam Spam” Literally and Puts it to Dozens of Spammers

»  Top Spammer Jeremy Jaynes Sentenced to 9 Years in Prison

»  Check Out this Spam Map! A Real Time Map of Where All the Spam is Coming From!

»  Portrait of a Spammer

For additional similar stories check out our archives on Internet Law, Spam, Spam Blockers

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 This article first appeared on 4/8/2004
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