I'm surprised that nobody has mentioned this here, because it was a big win for 
Gmail plus has language which is applicable to any ISP. 

In the order (in which the RNC complaint was dismissed) the court basically not 
only smacked down the RNC, but made clear that the Communications Decency Act 
(i.e. Federal Law) was developed in part to:

"encourage the development of technologies which maximize user control over 
what information is received by individuals, families, and schools who use the 
Internet and other interactive computer services"

..and the court goes on to say that "Permitting suits to go forward against a 
service provider based on the over-filtering of mass marketing emails would 
discourage providers from offering spam filters or significantly decrease the 
number of emails segregated. It would also place courts in the business of 
micromanaging content providers filtering systems in contravention of Congresss 
directive that it be the provider or user that determines what is 
objectionable".

There's a lot more, it's a great opinion (full text of the court order is 
included in our article):

https://www.isipp.com/blog/rnc-v-google-republican-national-committee-gets-smacked-down-by-court-full-text-of-order-here/

Anne

--- 
Anne P. Mitchell
Attorney at Law
Email Law & Policy Attorney
CEO Institute for Social Internet Public Policy (ISIPP)
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal email marketing law)
Author: The Email Deliverability Handbook
Board of Directors, Denver Internet Exchange
Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School
Prof. Emeritus, Lincoln Law School
Chair Emeritus, Asilomar Microcomputer Workshop
Counsel Emeritus, eMail Abuse Prevention System (MAPS)

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