Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×
Spam

California Spam Law Upheld By Appeals Court 58

www.sorehands.com writes "In the first California appeals court ruling (pdf), in Hypertouch v. Valueclick, it is ruled that the I-CAN-SPAM Act does not preempt California Business & Professions Code Section 17529.5. California Business & Professions Code Section 17529.5 prohibits the use of falsified headers and subject lines that are likely to mislead recipients. Spammers have been claiming, and some courts have been ruling, that to survive preemption, a Plaintiff has to show all the elements of fraud (false representation, knowledge, reliance, and damage from the reliance.) The reliance and damage from the reliance is difficult as it would essentially require the recipient to buy the penis enlargement pills and show that they don't work, or to send the money to the Nigerian prince. An ISP could never show reliance and harm, as they are not the recipient and would not be responding to e-mails traversing their systems. The ruling also made it clear that the advertiser is responsible for the acts of their agents, even if their agents promise not to spam."

Comment Re:No no no no no! (Score 1) 313

Since when did one relinquish their rights at the airport? -it wasn't always that way.

According to Originalists like Scalia and Thomas (who have been reliably most protective of 4th Amendment rights) , it has always been that way in the sense that persons have always had less of an expectation of privacy at ports.

Comment Re:Dumb to use away from points of entry (Score 1) 313

Ahh, yes. Kyllo v. U.S. - one of my favorite cases.

To the extent that these devices were being used to observe individuals without a search warrant, any evidence discovered would not be admissible in court. The general rule (though IANAC[riminal]L) is that unless the technology is generally available to the public, then a search warrant is necessary to use it for evidence gathering purposes.

That doesn't negate the general invasion of privacy this technology poses, and each technology must be evaluated on its impact.

Comment Re:Easy solution (Score 1) 738

Deflation can certainly be attributed to the factors you have noted. There is no doubt that the drop in domestic demand is causing deflation, and giving the Fed and Treasury cover to inflate. The velocity of money is low. However, inflation will eventually come when Treasuries lose value, as they must when the Fed is buying them by the hundreds of billions worth. (Buying our own debt? What could go wrong there?) When our overseas lenders stop buying Treasuries, and start selling them, inflationary pressures will come from outside the US.

Slashdot Top Deals

"No job too big; no fee too big!" -- Dr. Peter Venkman, "Ghost-busters"

Working...