SCN: WAISP Update -- WA SPAM Law Upheld! (fwd)

[Joel Ware IV]

Good news -- SPAM law upheld by WA Supreme Court!


Joel Ware, IV           jw4 at scn.org
Volunteer Coordinator Emeritus, Member of Governance, HR, Ops, Board

---------- Forwarded message ----------
Date: Thu, 07 Jun 2001 22:06:20 -0700
From: "G. R. Gardner" <ggardner at nwlink.com>
To: announcements at waisp.org
Subject: WAISP Update -- WA SPAM Law Upheld!

The Washington State Supreme Court on Thursday, in a UNANIMOUS ruling,
upheld the constitutionality of the Washington State Anti-SPAM law.  WAISP
along with the Washington Attorney General authored the law four years ago,
which a Seattle trial court struck down as unconstitutional and in violation
of the Interstate Commerce clause of the Constitution.

Thursday's ruling by the high court said the trial court erred and remanded
the case back to the lower court for trial, and stated:

"We find that the local benefits of the Act outweigh any conceivable burdens
the Act places on those sending commercial e-mail messages.  Consequently,
we hold that the Act does not violate the dormant Commerce Clause of the
United States" Constitution."

The ruling quoted liberally from the WAISP filed amicus brief authored in
part by our stellar legal counsel Rich Busch.

A full text version of the decision can be found at:

http://www.courts.wa.gov/opinions/opindisp.cfm?docid=694168MAJ



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