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Washington's "Spam-Killing" Statute: Does It Slaughter Privacy In The Process?, Steven Miller
Washington's "Spam-Killing" Statute: Does It Slaughter Privacy In The Process?, Steven Miller
Washington Law Review
In 1998, the Washington Legislature passed an historic law prohibiting the sending of commercial e-mail messages containing false or misleading information in the subject line or header. The law also permits companies that provide Internet services, known as Internet Service Providers (ISPs), to block the transmission or receipt of messages reasonably believed to violate the statute. However, the law fails to specify the permissible activities that an ISP may pursue to form such a reasonable belief. It thereby encourages a variety of intrusive ISP activities, such as message screening. Existing statutory and constitutional privacy law provides the only shield for …