on 5/26/2003 3:31 PM Dean Anderson wrote:
Not only is the FTC business friendly, but so is Congress, and the
Courts (which struck down the junk fax law).
The only instance I know of where the TCPA was "struck down", the ruling
was reversed on appeal in the 8th circuit.
http://www.techlawjournal.com/topstories/2003/20030321.asp has a sumamry
http://www.ca8.uscourts.gov/opndir/03/03/022705P.pdf has the opinion
| We conclude that 47 U.S.C. § 227(b)(1)(C) satisfies the
| constitutional test for regulation of commercial speech and thus
| withstands First Amendment scrutiny. There is a substantial
| governmental interest in protecting the public from the cost
| shifting and interference caused by unwanted fax advertisements,
| and the means chosen by Congress to address these harms directly
| and materially advances the governmental interest. The statute is
| also narrowly tailored to create a reasonable fit with its
| objective. Accordingly, we reverse the judgment dismissing the
| claims asserted under § 227(b)(1)(C) and remand the case to the
| district court for further proceedings consistent with this
The TCPA has survived in other circuits as well.
standard disclaimer applies, IANAL
Eric A. Hall http://www.ehsco.com/
Internet Core Protocols http://www.oreilly.com/catalog/coreprot/