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NY Times: In Spam Case, Another Defeat for State Internet Laws

Mar 29, 2000, 14:51 (3 Talkback[s])

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"In the latest in a string of decisions questioning the ability of states to enforce their own Internet laws, a state judge recently declared that Washington's much publicized junk e-mail statute violates the Constitution because it unduly interferes with the free flow of information in borderless cyberspace."

"The decision by Judge Palmer Robinson of King County Superior Court in Seattle dismissed a lawsuit by the state attorney general against an out-of-state sender of unsolicited commercial e-mail, known as spam. It signals at least the fourth time in three years that a federal or state judge has concluded that a state's attempt to regulate Internet activities within its own borders ran afoul of the Constitution's commerce clause."

"The trend has been noted by some lawyers and academics, who believe that the commerce clause argument, if unchecked, could be used to prevent state regulation of the Internet."

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