Ok, I didn't see this, which is current as of 3/21/03, two months ago.
I have asserted that it is possible to regulate commercial speech. There
are conditions that have to be met.
However, the problem with spam is that the cost is so insignificant as to
be immeasurable, so there is no cost shifting, and unlike fax, there is no
definite harm since there is no paper to consume or to run out of. A spam
ban would have a much tougher time meeting the constitutionality
requirements.
And I note that the junk fax doesn't ban all unsolicited faxes. Notably,
it doesn't ban political faxes.
And all this is hypothetical, since there is no chance that bonafide
commercial solicited spam will be banned anytime soon.
--Dean
On Mon, 26 May 2003, Eric A. Hall wrote:
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
| opinion.
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/