CAN SPAM basically says that receivers are not obligated to deliver mail that complies with the law.
It’s, IMO, a badly written, poorly argued lawsuit that sounds more like something I’d read on NANAE by someone with only passing familiarity with the law or how the courts work. I blogged about it yesterday. laura > On 26 Jul 2019, at 22:42, Brandon Long via mailop <mailop@mailop.org> wrote: > > No comments from this side, obviously... except that everything old is new > again: > > https://www.google.com/search?q=trump+campaign+email+gmail+spam > <https://www.google.com/search?q=trump+campaign+email+gmail+spam> > > Also, doesn't CAN-SPAM only apply to senders? > > Brandon > (not speaking on behalf of Google) > > On Fri, Jul 26, 2019 at 11:19 AM Anne P. Mitchell, Esq. via mailop > <mailop@mailop.org <mailto:mailop@mailop.org>> wrote: > While at first blush the big news about this lawsuit is that Google is being > sued for suppressing presidential candidate Tulsi Gabbard's campaign's ads, > there is also a piece of the lawsuit where they are suing Google because > (they claim) a disproportionate number of her campaign's email was being put > in the Gmail spam folder. They talk about the opacity of how the spam filter > works, etc... > > Now, of course, years ago, when I was at MAPS, we dealt with several lawsuits > from spammers about how unfair it was that they were being filtered because > of the RBL, etc., etc., and they fairly roundly lost. > > This however is different, because we have a political candidate claiming > that Google is suppressing *political* speech, the free pass for which is > baked right into CAN-SPAM, as we all know only too well. > > Here is our plain English write up of it, which I doubt anyone here needs > (the plain English part), but we also are hosting a full copy of the lawsuit, > which is linked here as well: > > https://www.theinternetpatrol.com/presidential-candidate-tulsi-gabbard-sues-google-over-disabling-ads-and-going-to-the-spam-folder-full-text-of-lawsuit-included/ > > <https://www.theinternetpatrol.com/presidential-candidate-tulsi-gabbard-sues-google-over-disabling-ads-and-going-to-the-spam-folder-full-text-of-lawsuit-included/> > > Anne > > Anne P. Mitchell, Attorney at Law > Dean of Cybersecurity & Cyberlaw, Lincoln Law School of San Jose > CEO/President, Institute for Social Internet Public Policy > Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) > Legislative Consultant > GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant > Board of Directors, Denver Internet Exchange > Board of Directors, Asilomar Microcomputer Workshop > Legal Counsel: The CyberGreen Institute > Former Counsel: Mail Abuse Prevention System (MAPS) > _______________________________________________ > mailop mailing list > mailop@mailop.org <mailto:mailop@mailop.org> > https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop > <https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop> > _______________________________________________ > mailop mailing list > mailop@mailop.org > https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop -- Having an Email Crisis? We can help! 800 823-9674 Laura Atkins Word to the Wise la...@wordtothewise.com (650) 437-0741 Email Delivery Blog: https://wordtothewise.com/blog
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