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Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Washington Journal of Law, Technology & Arts
In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.
Trusting The Machines: New York State Bar Ethics Opinion Allows Attorneys To Use Gmail, Kevin Raudebaugh
Trusting The Machines: New York State Bar Ethics Opinion Allows Attorneys To Use Gmail, Kevin Raudebaugh
Washington Journal of Law, Technology & Arts
Information technology is evolving at an unprecedented rate; new forms of communication appear so often that it is difficult to keep track of them all. This presents a difficult problem for attorneys, who must carefully consider whether using new technology to communicate with clients is consistent with the duty of confidentiality. Google’s Gmail scans the content of e-mails to generate targeted advertising, a controversial practice that raises questions about whether its users have a reasonable expectation of privacy. The New York Bar responded to this issue in Opinion 820, which states that using an e-mail provider that scans the e-mail …