Re: spam

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on 5/26/2003 3:31 PM Dean Anderson wrote:
> Not only is the FTC business friendly, but so is Congress, and the
> Courts (which struck down the junk fax law).

The only instance I know of where the TCPA was "struck down", the ruling
was reversed on appeal in the 8th circuit.

http://www.techlawjournal.com/topstories/2003/20030321.asp has a sumamry

http://www.ca8.uscourts.gov/opndir/03/03/022705P.pdf has the opinion

 | We conclude that 47 U.S.C. § 227(b)(1)(C) satisfies the
 | constitutional test for regulation of commercial speech and thus
 | withstands First Amendment scrutiny. There is a substantial
 | governmental interest in protecting the public from the cost
 | shifting and interference caused by unwanted fax advertisements,
 | and the means chosen by Congress to address these harms directly
 | and materially advances the governmental interest. The statute is
 | also narrowly tailored to create a reasonable fit with its
 | objective. Accordingly, we reverse the judgment dismissing the
 | claims asserted under § 227(b)(1)(C) and remand the case to the
 | district court for further proceedings consistent with this
 | opinion.

The TCPA has survived in other circuits as well.

standard disclaimer applies, IANAL

-- 
Eric A. Hall                                        http://www.ehsco.com/
Internet Core Protocols          http://www.oreilly.com/catalog/coreprot/




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