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Simple English definitions for legal terms

CAN-SPAM Act of 2003: Preemption

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A quick definition of CAN-SPAM Act of 2003: Preemption:

CAN-SPAM Act of 2003: Preemption

The CAN-SPAM Act of 2003 is a law that regulates commercial email. Preemption means that the law stops states from making their own laws about commercial email. However, some state laws that prevent fraud or deception in emails are still allowed. Also, laws that apply to other types of communication or computer crimes are not stopped by the CAN-SPAM Act. The courts have decided some cases about which state laws are stopped by the CAN-SPAM Act. If a state law goes beyond what the CAN-SPAM Act allows, it may be stopped by the federal law.

A more thorough explanation:

The CAN-SPAM Act of 2003 is a law that regulates commercial email messages. Preemption is a legal concept that means federal law takes precedence over state law. Section 8(b) of the CAN-SPAM Act of 2003 preempts certain state anti-spam laws. This means that some state laws that regulate commercial email messages are not valid if they conflict with the CAN-SPAM Act.

For example, if a state law prohibits the use of certain words in commercial email messages, but the CAN-SPAM Act allows those words, the state law is preempted and cannot be enforced.

However, there are exceptions to preemption. State laws that prohibit fraud or deception in commercial email messages are not preempted. Also, state laws that apply to other types of communication or activity, but also apply to commercial email messages, are not preempted.

For example, if a state law prohibits fraud in all types of communication, including commercial email messages, that law is not preempted by the CAN-SPAM Act.

The issue of CAN-SPAM Act preemption has been addressed by several courts. In one case, a court ruled that a state law was preempted because it penalized non-material errors in commercial email messages. In another case, a court ruled that a university's anti-spam policy was not preempted because it fell under an exception for internet access service providers.

CAN-SPAM Act of 2003: Pornographic Material | CAN-SPAM Act of 2003: Private Right of Action for "Internet Access Service" Providers

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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