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State Regulation Of Unsolicited Bulk Commercial E-Mail And The Dormant Commerce Clause, Jeffrey D. Zentner
State Regulation Of Unsolicited Bulk Commercial E-Mail And The Dormant Commerce Clause, Jeffrey D. Zentner
Vanderbilt Journal of Entertainment & Technology Law
This note will analyze the implications of the dormant Commerce Clause as applied to Virginia's stringent anti-spam law, under which two spammers have already been convicted of felony spamming. Part I will lay out the background of anti-spam legislation, case law involving other state statutes, and a brief history of United States Supreme Court dormant Commerce Clause jurisprudence. Part II will examine the validity of state spam regulation under the Federal CAN-SPAM Act of 2003 and current dormant Commerce Clause jurisprudence, using Virginia's anti-spam law as an example. Finally, Part III will examine the shortcomings of the CAN-SPAM Act and …
State Regulatory Jurisdiction And The Internet: Letting The Dormant Commerce Clause Lie, James E. Gaylord
State Regulatory Jurisdiction And The Internet: Letting The Dormant Commerce Clause Lie, James E. Gaylord
Vanderbilt Law Review
Cyberspace seems to pose a dual threat to "Our Federalism." Only one aspect of this threat, however, has captured the scholarly imagination. Commentators have devoted a great deal of attention to the problems of horizontal federalism raised by the new technology. Cyberspace, they point out, is a profoundly integrative social and economic force. As a result, local legislation touching on cyberspace is likely to produce effects beyond local borders. State laws like a recently deceased Georgia statute that arguably would have prohibited all Internet users from "falsely identifying" themselves on- lines convince observers that the information superhighway is a dangerous …