Spam After Can-Spam: How Inconsistent Thinking Has Made a Hash out of Unsolicited Commercial E-Mail Policy [Santa Clara Computer & High Technology Law Journal]

The authors of the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (hereinafter, "CAN-SPAM" or the "Act"),' the first United States federal law placing restrictions on the use of unsolicited commercial e-mail ("UCE"), or "spam," were asking for trouble. First, the title of the Act rings of Orwellian doublespeak. Second, its content has drawn ire from all sides except, for the most part, the direct marketers who are the ones being regulated - and that is not a good sign.

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Michael B. de Leeuw

Vice Chair, Business Litigation

mdeleeuw@cozen.com

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