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Still No Federal Spam Law

jdedman4 writes "Declan McCullagh writes in c|net that the Congressional Republicans and Democrats are quibbling over proposed federal anti-spam legislation. The root of the disagreement is the class action, a specialized joinder rule in lawsuits which needs little or no introduction, and which is prohibited in one version of the legislation. The new anti-spam legislation in Texas, which is to take effect September 1, has a similar prohibition. (See here for an analysis of the new Texas anti-spam law.) It is certainly true that the class action joinder rule can take a relatively frivolous individual claim that an attorney would not pursue and transform it into a lucrative and dangerous claim with a potential for high recovery. However, the measure can be appropriate when large number of individuals' rights are violated by a defendant's course of conduct but the cost of vindicating those rights is too great. With spam, the latter situation seems to be the most logical, as recipients of unsolicited commercial email are harmed, but their economic damages are not severe enough to merit an individual lawsuit on their behalf. Even with relatively high statutory penalties against spammers, the cost of locating the offender and investigating its corporate structure, if any, might dissuade a plaintiff's attorney from pursuing the claim. Plus, it seems the problem with class actions in this context would be practical, not philosophical, as most spammers would be either judgment proof or out of the jurisdiction."

9 of 255 comments (clear)

  1. AND IN OTHER NEWS by Anonymous Coward · · Score: -1, Offtopic

    I'M STILL FAT The grass still is green, the sky still is blue. Everybody still is carbon based, and that is the end of that. Thanks for the obvious, now what has changed?

  2. HTMF Hard Drives by Eese · · Score: -1, Offtopic

    There is still no federal law that applies to the simple fact that the HTMF Hard Drives are undefeated so far this season.

  3. Once a federal spam law is passed... by Anonymous Coward · · Score: -1, Offtopic

    spam will be as dead as Hagrid.

  4. If you want faster legislation... by nicodemus05 · · Score: -1, Offtopic

    Try to get your congressman's attention by asking if he wants to make his woman scream.

    --
    while (!sleep){

    sheep++;

    }

  5. Look at it like this... by GearheadX · · Score: -1, Offtopic

    We all know how much politicians love pork barrel spending. Anti-Spam legislation must sound like a nail in their own coffins.

  6. Still no....news? by Jacer · · Score: -1, Offtopic

    Is the absence of anything considered news these days?

    --
    --fetch daddy's blue fright wig, i must be handsome when i release my rage
  7. Re:Man by Anonymous Coward · · Score: -1, Offtopic

    Quoth the expert....

  8. Re:this isn't surprising by Anonymous Coward · · Score: -1, Offtopic

    U FED UR LOBSTER TURKEY!!!! OMFG!!!! LLOL!!!1 U R TEH GHEY!!! LOLZORZ!!!! Important Stuff: Please try to keep posts on topic. Try to reply to other people's comments instead of starting new threads. Read other people's messages before posting your own to avoid simply duplicating what has already been said. Use a clear subject that describes what your message is about. Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page)

  9. I've been nailed by t0rn by Anonymous Coward · · Score: -1, Offtopic

    Please help...