California Tries Spam Ban

Schlemphfer writes "Spammers have likely received their biggest setback yet, when California governor Gray Davis today signed a bill outlawing all unsolicited email sent to and from the state. Two things about this new law stand out: first, it puts the burden on senders to prove that they are sending solicited email. Second, it bans the entire practice of spamming, with no loopholes at all like allowing messages with ADV: in the subject. Keep in mind California has the world's fifth largest economy, and they are planning to enforce the law with fines amounting to $1000 per each piece of spam. This law could be ruinous to spammers when it takes effect January 1st."

Comments

SCOTUS says

[kaltkalt]

"Nothing in the Constitution compels us to listen to or view any unwanted communication, whatever its merit," wrote Chief Justice Warren Burger in a 1970 decision. "We therefore categorically reject the argument that a vendor has a right under the Constitution or otherwise to send unwanted material into the home of another." Chief Justice Burger, U.S. Supreme Court ROWAN v. U. S. POST OFFICE DEPT., 397 U.S. 728

I mention this simply because spammers will say they have a first amendment right to annoy you because a form of 'speech' is involved, which is bullshit, kinda like how I don't have a first amendment right to stand on your lawn yelling advertisements with a loudspeaker 24/7, even though speech is involved. The first amendment doesn't mean anything is legal so long as some form of speech is in the mix. Spam is illegitimate, unprotected speech--much like kiddie porn and threats of violence.

Re:Economics

[Dynedain]

The number is based on it's GDP (Gross Domestic Product)

If California is counted seperately, The US still retains it's 1st ranking, but California takes 5th ahead of France.

Full text, history of this bill

[Corgha]

This was SB 186

For all you trolls blaming Davis for the actions of the legislature, you can read the actual vote record, and see how the final votes went.

For all you armchair leigslators making guessing about how they define spam, read the bill itself, as enrolled.