I'm surprised that nobody has mentioned this here, because it was a big win for Gmail plus has language which is applicable to any ISP.
In the order (in which the RNC complaint was dismissed) the court basically not only smacked down the RNC, but made clear that the Communications Decency Act (i.e. Federal Law) was developed in part to: "encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services" ..and the court goes on to say that "Permitting suits to go forward against a service provider based on the over-filtering of mass marketing emails would discourage providers from offering spam filters or significantly decrease the number of emails segregated. It would also place courts in the business of micromanaging content providers filtering systems in contravention of Congresss directive that it be the provider or user that determines what is objectionable". There's a lot more, it's a great opinion (full text of the court order is included in our article): https://www.isipp.com/blog/rnc-v-google-republican-national-committee-gets-smacked-down-by-court-full-text-of-order-here/ Anne --- Anne P. Mitchell Attorney at Law Email Law & Policy Attorney CEO Institute for Social Internet Public Policy (ISIPP) Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal email marketing law) Author: The Email Deliverability Handbook Board of Directors, Denver Internet Exchange Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School Prof. Emeritus, Lincoln Law School Chair Emeritus, Asilomar Microcomputer Workshop Counsel Emeritus, eMail Abuse Prevention System (MAPS) _______________________________________________ mailop mailing list mailop@mailop.org https://list.mailop.org/listinfo/mailop
