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Utah Bans Keyword Advertising

Posted by CowboyNeal on from the end-of-the-line dept.

Eric Goldman writes "Last month, Utah passed a law banning keyword advertising. Rep. Dan Eastman, the Utah legislator who sponsored the law, believes competitive keyword advertising is the equivalent of corporate identity theft, causing searchers to be (in his words) 'carjacked' and 'shanghaied' by advertisers. He also takes a swipe at the EFF, dismissing its critique of the law as 'criticism from the fringes.'"

2 of 271 comments (clear)

  1. Re:Damn Straight! by Anonymous Coward · · Score: 5, Informative

    Before you dismiss these laws, read these posts discussing the problem and the legality:

    http://senatesite.com/blog/2007/04/guest-blog-utah -trademark-protection.html
    http://senatesite.com/blog/2007/04/constitutionali ty-of-trademark.html

    This issue isn't as simple as the Slashdot hordes may make it seem.

  2. Re:Because illiterate tools are what /. is all abo by civilizedINTENSITY · · Score: 4, Informative
    No need for a "wide interpretation of the 1st", just awareness of The Commerce Clause:

    The Commerce Clause to the United States Constitution provides that Congress has the power to regulate interstate commerce. (U.S. Const. art. I, sec. 8). This provision also has a "dormant" aspect that "prohibits state . . . regulation that discriminates against or unduly burdens interstate commerce."