MySpace messages treated like e-mail under CAN-SPAM

Over at Spamnotes,Venkat put up a post about a recent decision from a federal court in California that considered the defendant’s argument that MySpace “messages” do not fall under CAN-SPAM because “the addresses to which those messages are sent lack a ‘domain name’ and have no route, instead remaining within the MySpace.com.”

Venkat has described the case far beyond my poor power to add or detract, but here’s the skinny: the court looked to the plain language of the statute to can that argument. The definition of “‘electronic mail address’ entails nothing more specific than ‘a destination . . . to which an electronic mail message can be sent,’ and the references to ‘local part’ and ‘domain part’ and all other descriptors set off in the statute by commas represent only one possible way in which a ‘destination’ can be expressed.”

MySpace v. Wallace, No. 07-1929 (C.D. Cal. July 2, 2007)
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