Maryland Court of Special Appeals vs. Spam

The Maryland Court of Special Appeals recently reversed a prior ruling regarding a new anti-spam e-mail law in that state. In contrast to a prior ruling, the court has now found that the law is constitutionally valid.

The law allows residents of Maryland to sue spammers who meet certain criteria, even if their e-mail originates from another state. Many legal experts throughout the country are looking to Maryland's newly affirmed law to set legal precedent. While it is technically binding only for Maryland courts, it may set a tone for courts in other states.

The constitutional issue in question was whether the law violated restrictions placed in the constitution on state governments regarding the regulation of interstate trade. The constitution specifically prohibits tariffs and certain other regulations on goods and services exchanged between states. States can however charge taxes and regulate goods sold within the state. The internet age has complicated who has authority to regulate which transactions. There was also some question as to if the statute was compliant with Maryland's own state constitution.

Most spam sent is in violation of the federal CAN-SPAM act, however the law has not been a very effective spam fighter. While a few perpetrators have been held accountable, the amount of junk e-mail on the internet has not subsided.

If new laws are not better enforced than existing ones, they too will also have little impact. Users seeking a solution are advised to deploy an application to filter e-mail as opposed to waiting for a legal answer.

The Maryland law provides spam recipients the right to sue the sender of unsolicited e-mail. The contested case involved an ISP who was sued for over $150,000 by an individual who had received fewer than 100 spam messages. The court case isn't resolved by this specific ruling, but the case can continue now that the underlying law has been affirmed.

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