THE CALIFORNIA ANTI-SPAM LAW
IVAN HOFFMAN, B.A., J.D.
This revised article is posted as of December 17, 2003.
Previously, the California legislature passed and the Governor signed a bill designed to curb unsolicited commercial email advertising. The bill was to have taken effect as of January 1, 2004. California has an anti-spam law in effect at this time up to December 31, 2003 but the new state law was to replace the current law and make changes in some significant ways.
HOWEVER, there is a new federal law dealing with “spam” which is also to take effect January 1, 2004. Significantly, the federal law is to replace and preempt state and other laws, regulations and rules that expressly regulate commercial email, except as indicated in the federal law. The federal law in this regard reads in part as follows:
Other state laws, however, are not affected by this statute.(b) STATE LAW-(1) IN GENERAL- This Act supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.
Thus I have removed the substantive parts of the within article dealing with the California law, both the current law and the proposed new law. You can find a new article that I have written dealing with the federal law at http://www.ivanhoffman.com/federalspam.html.(2) STATE LAW NOT SPECIFIC TO ELECTRONIC MAIL- This Act shall not be construed to preempt the applicability of—(A) State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or
(B) other State laws to the extent that those laws relate to acts of fraud or computer crime.
The reader is strongly cautioned that, in addition to the federal law, there may be other laws, regulations and rules in California and in your state that may still apply and the reader should always consult with an attorney experienced in these matters before proceeding in any manner.
Copyright © 2003 Ivan Hoffman. All Rights Reserved.