"Dave Platt" wrote in message
...
In article ,
Watson A.Name - \"Watt Sun, the Dark Remover\"
wrote:

You can't legalize something that had no prior restrictions because
it
was _already_ legal.

There are those who feel that the CAN SPAM law both legitimizes and
legalizes spam, in two ways:

- It sets specific Federal boundaries on what sorts of spam are
illegal (and thus by implication states that spams which don't
cross those boundaries are legitimate), and

In order to be constitutional the law has to meet certain criteria. One
is that it has to put limits on commercial speech without being
burdensome. The law has to be explicit enough to keep itr from being
defeated on appeal.

- It preempts most State laws which had stronger restrictions on
spamming, and therefore makes legal certain spams which were
previously forbidden by State law.

For five years, Calif had laws that were on the books but were
unenforced. They were challengd as unconstitutional. They and 35 other
state laws weren't consistent, making it a mess for the courts and
lawyers in every state. We had 36 different tools but they were largely
unused. Now there is a consistent set of national laws with much better
chance of being enforced. Someone has to light a fire under the feds to
get them to step up the enforcement. All this bitching, whining and
nmoaning about what used to be and how bad it is now is a huge waste of
time. Get over it and proceed on with the tools given to us, and hammer
the spammers.

--
Dave Platt
AE6EO
Hosting the Jade Warrior home page:
http://www.radagast.org/jade-warrior
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