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Full-Text Articles in Law
The Fight To Save America's Inbox: State Legislation And Litigation In The Wake Of Can-Spam, Emma Scanlan
The Fight To Save America's Inbox: State Legislation And Litigation In The Wake Of Can-Spam, Emma Scanlan
Washington Journal of Law, Technology & Arts
The fight to curb the ever-increasing amount of unsolicited commercial email or “spam” showing up in the inboxes of American businesses has generated both state and federal legislation. The CAN-SPAM Act of 2003 was enacted to create a bright-line between spam and legal commercial email. The Act preempted many state spam laws but also left significant enforcement abilities to the individual states. States that elect to create large civil damages for spam without criminalizing the transmission of unsolicited commercial email run the risk of winning cases where the damage awards are largely unenforceable and not effective deterrents to big-time spammers. …
Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras
Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras
Washington Journal of Law, Technology & Arts
The Americans with Disabilities Act of 1990 (“ADA”) is silent on the specific question of whether privately owned websites fall within its provisions. There is a circuit split on the issue, although the only case directly on point makes mandatory website compliance the exception rather than the rule. Nevertheless, given the direction that the law will probably head and the relative ease of making websites accessible to the group most in need—those who require the use of assistive technologies—it behooves businesses to construct or alter their websites to accommodate these individuals.