Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

The U.S. Legal Context: Privacy, Commercial Solicitation, and Commercial Speech

Read a random definition: State Action Requirement

A quick definition of The U.S. Legal Context: Privacy, Commercial Solicitation, and Commercial Speech:

The U.S. has different laws to protect people's privacy in different situations, but there is no general law for privacy. Some laws require people to say "yes" before their information can be shared, while others allow people to say "no" after they have been told how their information will be used. The CAN-SPAM Act of 2003 is a law that allows businesses to send emails to people unless they say "no." The U.S. also has laws to stop companies from calling people's phones to sell things, and people can choose to be on a "do-not-call" list. The U.S. Constitution protects the right to talk about business, but the government can still make rules to protect people from false or harmful information.

A more thorough explanation:

The U.S. legal approach to privacy and the use of technology for commercial solicitation is reflected in the CAN-SPAM Act of 2003. The Act is consistent with the U.S. statutory approach to privacy, which is context-specific and often based on an "opt-out" approach. This means that commercial actors can collect and share information unless individuals explicitly opt-out. The U.S. also has constitutional protection for commercial speech under the First Amendment, which allows for some regulation of commercial solicitation but with lower protection than other types of speech.

The U.S. does not have a general federal privacy statute but instead has specific laws for different contexts. For example, HIPAA and COPPA have an "opt-in" approach to privacy for health-related and children's information, while the Gramm-Leach-Bliley Act has an "opt-out" approach for financial institutions. The CAN-SPAM Act of 2003 also has an "opt-out" approach for commercial email.

The Telephone Consumer Protection Act and the Telemarketing and Consumer Fraud and Abuse Prevention Act regulate telemarketing and telephonic commercial solicitation. These laws restrict the use of certain technologies and created a "do-not-call" registry. The CAN-SPAM Act of 2003 follows a similar pattern in regulating commercial email and spam.

The First Amendment protects commercial speech, but with lower protection than other types of speech. Regulations can limit commercial speech as long as they are designed to achieve a substantial state objective. Unlawful or misleading commercial speech is not protected by the First Amendment.

The CAN-SPAM Act of 2003 allows companies to send commercial emails to individuals unless they explicitly opt-out. This means that individuals may receive unwanted emails unless they take action to stop them. However, the Act also requires companies to include an opt-out mechanism in their emails and prohibits misleading subject lines and false headers.

This example illustrates the U.S. statutory approach to privacy, which is context-specific and often based on an "opt-out" approach. It also shows how the First Amendment allows for some regulation of commercial speech, but with lower protection than other types of speech.

The Canadian Legal Context: PIPEDA, Canadian Radio-Television and Telecommunications, and the Competition Act | theft

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
RoaldDahl
16:15
So if it means nothing does that mean something?
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
LSD+ is ad-free, with DMs, discounts, case briefs & more.