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CAN SPAM preemption of CA law

The California court of appeals returned a ruling yesterday in the Hypertouch v. ValueClick case. This is a case I haven’t talked about at all previously, but I think this ruling deserves a mention.
The short version is that Hypertouch sued Valueclick in 2008 under both CAN SPAM and the California anti-spam law. Eventually the judge in the case ruled that there was no clear evidence of fraud, therefore CAN SPAM preempted the California law.
Hypertouch appealed the case.
Yesterday the appeals court published their opinion and kicked the case back down to the lower court.

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Spammers aren't who you think they are

Shady direct marketers exploit CAN SPAM to continue spamming but protect themselves from the law. This is something I’ve been talking about for a while (TWSD), and it’s nice to see the mainstream press noticing the same thing.
HT: Box of Meat

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Canada passes anti-spam bill

Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer.
Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-28/C-28_3/C-28_3.PDF
It’s fairly dense and I’m still reading through the final version. Of critical importance for anyone marketing in Canada is that it sets requirements that commercial email be sent with the permission of the recipient. This is different from CAN SPAM here in the US which doesn’t require consent of the recipient, but allows anyone to send unsolicited email as long as it meets the standards set by the law.
CBC Story

Return Path blog post
CAUCE posts
Thin Data implementation guide

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