Simple English definitions for legal terms
Read a random definition: debate
If you are a lawyer with a client who is complaining about spam emails, the first thing to worry about is whether your client has standing to bring claims under the CAN-SPAM Act. To have standing, your client must demonstrate that they are an "internet access service" provider and have suffered specific harm from spamming activities. This can be difficult to prove, and the standards are very high.
The examples illustrate the difficulty in establishing standing under the CAN-SPAM Act. The first example shows that simply providing email services may not be enough to qualify as an "internet access service" provider. The second example shows that specific harm must be demonstrated, such as server crashes, and that evidence must be provided to show that the spam emails are coming from a specific source.
Other potential issues to consider include personal jurisdiction, consent to receiving emails, and the types of remedies to be pursued.