Archive for the ‘Spam’ Category

Why be concerned with social media estate planning?

The headline of this recent blog post by the U.S. government promises to answer the question of why you should do some social media estate planning. But the post falls short of providing a compelling reason to plan for how your social media accounts and other digital assets should be handled in the event of [...]

Yahoo not liable for blocking marketing email

Section 230 of Communications Decency Act (47 U.S.C. 230) shields Yahoo’s spam filtering efforts Holomaxx v. Yahoo, 2011 WL 865794 (N.D.Cal. March 11, 2011) Plaintiff provides email marketing services for its clients. It sends out millions of emails a day, many of those to recipients having Yahoo email addresses. Yahoo used its spam filtering technology [...]

State law spam claim in federal court not pled with required particularity

Hypertouch, Inc. v. Azoogle.com, Inc., 2010 WL 2712217 (9th Cir. July 9, 2010) Pleading in federal court is generally a straightforward matter. Federal Rule of Civil Procedure 8 requires only that the plaintiff set forth a short and plain statement as to why that party is entitled to relief. But in cases involving fraud, there [...]

Government spam blocking not a violation of First Amendment right to petition

Ferrone v. Onorato, No. 07-4299, 2008 WL 4763257 (3rd Cir. October 31, 2008) The Third Circuit Court of Appeals has held that a county government did not violate a citizen’s First Amendment right to petition the government for a redress of greivences when the county set its spam filters to block all email from the [...]

MySpace messages treated like e-mail under CAN-SPAM

CAN-SPAM retrospective

Fourth Circuit issues important CAN-SPAM decision

Court: Send spam to Washington state and you can be sued there

Spam filters and storage limits okay under First Amendment

Leaving a thin slice: CAN-SPAM does not completely preempt Washington state law

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