Maryland's anti-spam law is unconstitutional

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Maryland's anti-spam law is unconstitutional

An e-mail marketing company that was sued for allegedly violating the US state of Maryland's anti-spam law has prevailed, as the judge dismissed the case on the grounds that the law in question is unconstitutional.

The case is the latest to raise questions about the constitutionality of state laws designed to regulate e-mail communications and other internet communications and activities.

Three such laws in Virginia, New York and Vermont respectively have been declared unconstitutional for violating the Commerce Clause, while anti-spam laws in Washington and California have survived court challenges.

Article 1 of the US Constitution, also known as the Commerce Clause, aims to protect interstate commerce from state and local laws that put an undue burden on it.

Carlos Perez writes for IDG News Service


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