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Maryland’s Anti-Spam Law Nuked
Posted December 14, 2004 – 1:57 pm by Yakov Shafranovich in Politics, Spam and EmailFrom an AP story (via Dani):
A judge has ruled that Maryland’s anti-spam law — the first state law to penalize senders of junk e-mail — is unconstitutional because it seeks to regulate commerce outside the state’s borders. Last week’s ruling, which threw out a lawsuit against a New York e-mail marketer, effectively overturns Maryland’s 2002 Commercial Electronic Mail Act.
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The Maryland law applies to e-mail sent to or from Maryland residents, but it leaves vague the actual location of the resident — potentially affecting companies who send e-mail to people who live in Maryland, but who might receive the transmission elsewhere via laptop.
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The judge concluded that the law unconstitutionally attempts to regulate commerce that may never enter Maryland.
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