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LSDefine

Simple English definitions for legal terms

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

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A quick definition of CAN-SPAM Act of 2003: Private Right of Action for "Internet Access Service" Providers:

The CAN-SPAM Act of 2003 allows "internet access service" providers to take legal action against people who send spam emails that violate certain rules. These providers can ask for money or for the spammer to stop sending emails. To take legal action, the provider must show that they were harmed by the spam email in some way. This law only applies to certain types of providers who offer internet access to people.

A more thorough explanation:

The CAN-SPAM Act of 2003 is a law that regulates commercial email messages. Section 7(g) of the Act allows "internet access service" providers to sue spammers in federal court for violating certain requirements of the Act. An "internet access service" provider is a company that provides internet access to customers.

To bring a lawsuit, the internet access service provider must show that it has been harmed by the spam email in one of the following ways:

  1. The spam email contains false or misleading information.
  2. The spammer used a prohibited spamming technique.
  3. The spam email contains sexually explicit material that does not comply with legal requirements.
  4. The spam email has a deceptive subject line or does not provide an effective way to opt-out of receiving future emails.

For example, if a spam email contains false information that causes the internet access service provider's customers to lose money, the provider can sue the spammer for damages.

However, courts have interpreted the definition of an "internet access service" provider narrowly, and the provider must show actual harm from specific spam messages to bring a lawsuit. This can be difficult to prove in practice.

CAN-SPAM Act of 2003: Preemption | CAN-SPAM Act of 2003: Problematic Spamming Techniques

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HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
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