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Simple English definitions for legal terms

I am a lawyer who has a client complaining about spam email. What should I be worried about?

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A quick definition of I am a lawyer who has a client complaining about spam email. What should I be worried about?:

As a lawyer with a client complaining about spam email, the first thing to worry about is whether your client has the legal right to bring a claim under the CAN-SPAM Act. This means showing that they are an "internet access service" provider and have suffered specific harm from spamming activities. This can be difficult to prove, and you will need to show evidence of time and money spent dealing with spam beyond routine costs. You will also need to establish personal jurisdiction, which means showing that the defendant(s) had significant contacts with the forum. Other potential issues include proving that your client did not consent to receiving emails from the defendant(s) and deciding on the types of remedies to pursue.

A more thorough explanation:

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.

  • Your client is a small business that provides email services to its customers. They have been receiving a lot of spam emails, which has caused them to spend a lot of time and resources dealing with the issue. However, they may not have standing to bring a claim under the CAN-SPAM Act because they do not offer enough services beyond email to be considered an "internet access service" provider.
  • Your client is an internet service provider that has been experiencing a lot of spam emails that are causing their servers to crash. They have evidence that the spam emails are coming from a specific source, and they have spent a lot of time and money trying to block the emails. They may have standing to bring a claim under the CAN-SPAM Act because they can demonstrate specific harm from the spamming activities.

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.

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18:44
fuck me
18:44
i hope i am remembering it way worse
18:44
lmao yeah i think in most circumstances you shouldn’t cancel cuz they might assume the score is worse than it was
18:45
remembering the lsat?
18:45
yur
18:45
I’ve been doing that too you’ll be fine
18:45
i just saw that some kids a year below me in high school are starting at good ass schools too fuckkk
18:46
what are good ass schools to you?
18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
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19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
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