Yes, Virginia, there is a Spammer Clause

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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.”

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Yes, Virginia, there is a Spammer Clause

There are two groups who should take note of these lawsuits: first, obviouly, spammers. Send spam, go to jail. It’s the law. But apparently they haven’t read our articles about this, for example the one about how a spammer went from spamming to prison in just 6 months.


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.

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Yes, Virginia, there is a Spammer Clause

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