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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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Dkk
13:29
I'm at your mommas house rn: https://x.com/Mansavelli_/status/1648073454665572352
triplethread
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im addicted to reacting to all of the decisions
triplethread
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with the emojis
HopefullyInLawSchool
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I shop at Joe
HopefullyInLawSchool
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Joe's
glovediedthisishismom
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i shop at tawget
glovediedthisishismom
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im dawk gawthic maga
triplethread
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i shop at giant eagle
ForDizzyDJoy
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How did i miss Fordham and American’s wave and I applied in september 🙃
13:33
Lol UC Davis took me of ED and put me in RD
13:34
surprised I didnt get straight denied
HopefullyInLawSchool
13:34
they emailed you/
HopefullyInLawSchool
13:34
?
13:35
@HopefullyInLawSchool: Yea, I just got it
i just want a cornell ii :(
13:37
yak you will be fucking shit up at cornell this time next year dw
i love u
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love you too bby
glovediedthisishismom
13:42
what if desantis appoints lara trump and matt gaetz to be floridas senators
Dkk
13:42
Sounds good to me
HopefullyInLawSchool
13:43
@glovediedthisishismom: What if he appoint Ym instead?
HELP
every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
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i just wanna rock
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bodyadaya
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let it rock
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