Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

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

Read a random definition: ludere in extremis

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
matt gaetz ethics report released
paid for sex with a junior in high school
guarantee people still defend him
BulbasaurNoLikeCardio
9:51
I only read headlines and skimmed a random article of it since I am the only one at work this week. Seems like he is Republican Hunter Biden but not at the paying rent with poop paintings stage
ImpartialLion
9:55
Sent in my transcript at 6 am today and it’s processing. Think it will be processed before lsac closes tmrw?
BulbasaurNoLikeCardio
9:58
I would say it is a toss up, for how much LSAC charges us for everything they are extremely efficient in processing and sending stuff out BUT with a 30% uptake in applicants and the holidays it may be significantly slower unless it is ran through and processed by a computer program. Even if it takes them longer to process it, not like there is anyone at a school to request and review it after LSAC does their thing
Do we know if any of the t14 open at all this week
just called Fordham. they said there will be decisions going out today
so congratulations on pre xmas waves
BulbasaurNoLikeCardio
10:27
Hope schools are chill and just send As leaving the Rs for next month lol
soap
10:49
Fingers crossed for good luck today
BulbasaurNoLikeCardio
10:56
@soap: really hoping to get that UTK call today
11:08
what if instead of a room of one’s own virgina Woolf wrote a cubicle of one’s own
UGA ED deferrals are coming out rn
LSD+ is ad-free, with DMs, discounts, case briefs & more.