Washington State Court Upholds Anti-Spam Law - InformationWeek

InformationWeek is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

IoT
IoT
News

Washington State Court Upholds Anti-Spam Law

It rejected a claim by an Oregon spammer who said he didn't know some of his E-mail was going to Washington state residents.

SEATTLE (AP) -- An appeals court upheld the state's tough anti-spam law in a closely watched case against a man who claimed he did not know some of his E-mail was going to Washington state residents.

The unanimous ruling by a three-judge panel of the Washington Court of Appeals rejected an appeal by Jason Heckel of Salem, Ore., doing business as Natural Instincts and promoting a "How to Profit From the Internet" package for $39.95.

The case, filed in 1998, was the first under Washington's law against unsolicited junk E-mail. The U.S. Supreme Court has refused to consider a claim that the state law violated the U.S. Constitution's interstate commerce clause.

Federal anti-spam legislation went into effect Jan. 1, and leading Internet companies have sued hundreds of people accused of violating it.

Monday's state appellate decision upheld a 2002 decision ordering Heckel to pay nearly $100,000 in fines and court costs.

Heckel never disputed sending hundreds of thousands of E-mail solicitations a month but claimed that Washington state should have been required to prove that he knew specific addressees were Washington state residents.

Under that interpretation, "no spammer sending deceptive E-mail could ever violate the act as long as he were to use a bulk E-mail program to harvest large numbers of addresses without regard to residence of the owners," Judge Faye C. Kennedy wrote for the panel.

Heckel's lawyer, Dale L. Crandall, said he had not decided whether to appeal. "These are complex issues," he said.

We welcome your comments on this topic on our social media channels, or [contact us directly] with questions about the site.
Comment  | 
Print  | 
More Insights
The State of Cloud Computing - Fall 2020
The State of Cloud Computing - Fall 2020
Download this report to compare how cloud usage and spending patterns have changed in 2020, and how respondents think they'll evolve over the next two years.
Commentary
2021 Outlook: Tackling Cloud Transformation Choices
Joao-Pierre S. Ruth, Senior Writer,  1/4/2021
News
Enterprise IT Leaders Face Two Paths to AI
Jessica Davis, Senior Editor, Enterprise Apps,  12/23/2020
Slideshows
10 IT Trends to Watch for in 2021
Cynthia Harvey, Freelance Journalist, InformationWeek,  12/22/2020
Register for InformationWeek Newsletters
Video
Current Issue
2021 Top Enterprise IT Trends
We've identified the key trends that are poised to impact the IT landscape in 2021. Find out why they're important and how they will affect you.
White Papers
Slideshows
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Sponsored Video
Flash Poll