Law 897: The Law in Cyberspace Seminar

Assignment for September 25, 2008

Part I: Can Anything be done about spam?

1. Spam
   • Explore the FTC's SPAM page
   • Read Ironport's summary of its 2008 Internet Security Trends Report
   • Skim FTC, Spam Summit: The Next Generation of Threats and Solutions (2007)
   • Visit Spamhaus. What is it? How does it work?

 

2. The federal CAN-SPAM Act
   • Read Public Law 108-187 (2003)  (another copy). What does it prohibit? What does it permit?
   • Read the FTC's The CAN-SPAM Act: Requirements for Commercial Emailers
   • Take a look at some of the FTC's enforcement actions:
     • FTC v. Phoenix Avatar (2005 news release)
     • US v. Cyberheat, CV-05-457-TUC-DCB (D. Ariz. 2007)
     • US v. Membersource Media, (news release), and Statement of Commissioner Liebowitz
   • Return to the CAN-SPAM Act, and reread 15 U.S.C. § 7706(g).
   • Read MySpace v. Wallace (CD Cal 2007).

 

3. State spam laws
   • Scroll through David Sorkin's Summaries of State spam laws (pay particular attention to the laws of California, Michigan, Oklahoma and Virginia). To what extent are these laws preempted by the federal CAN-SPAM Act?
   • Skim Commonwealth v. Jaynes, 48 Va. App. 673 (Va. Court of Appeals 2006)
   • Read Omega World Travel v. Mummagraphics, 469 F.3d 348 (4th Cir. 2006)
   • Read Facebook v. ConnectU, 489 F. Supp. 2d 1087 (ND Cal 2007)
   • Read Jaynes v. Commonwealth, __ SE2d __ (Va 2008). Do you agree with the court's analysis? Why or why not?