Holding that it sought to regulate commerce outside Maryland’s state borders, a judge has effectively stricken the state’s anti-spam law while throwing out a college student’s lawsuit against a New York-based spammer.
Eric Menhart, a student at George Washington University, has vowed to appeal, and he may have better luck doing so if precedent means anything: A California appeals court and Washington’s state Supreme Court have each upheld state anti-spam laws that lower courts struck down on similar grounds.
But the spammer, Joseph Frevola, isn’t exactly worried. "Eric Menhart's out of business," Frevola's attorney, Andrew Dansicker, told reporters after the Menhart suit against his client was tossed. "All of his cases are based on the Maryland statute. All of his cases are going to be dismissed."
The Maryland anti-spam law allowed Maryland residents receiving spam with “certain false information” to sue for damages, with a separate criminal anti-spam suit adding fines up to $25,000 and prison time up to 10 years.
"The law over the Internet is developing,” Maryland assistant attorney general Steve Sakamoto-Wengel said after the Menhart suit was dismissed. “There are going to be conflicting rulings… [but we hope] they all get resolved and we have clear rules over what states can and can't regulate."
The federal CAN-SPAM law – which remains under criticism for lack of opt-in that critics say leaves too much room for spammers to operate – does not allow individuals to sue spammers. And it took precedence against most state laws unless those laws addressed deceptive or fraudulent email specifically, as Maryland’s law did.
Maryland’s law, however, also left open the actual location of the Maryland resident who might seek to sue a spammer, which affects companies sending email to Marylanders who might receive them while traveling on their laptops.
Menhart set up a spam-fighting corporation in Maryland and pays taxes there, but as a George Washington University student he lives in Washington, D.C.
