Internet – It is not unlawful to send spam from multiple domain names for the purposes of bypassing filters

Craig E. Kleffman v. Vonage Holdings Corp. et al., 2010 DJDAR 9263 (June 21, 2010).

This case decided by the California Supreme Court interpreted Business and Professions Code section 17529.5 which provides that it is unlawful to advertise in a commercial electronic mail advertisement (commonly known as “spam”) if the advertisement contains or is accompanied by a false, misrepresentation or forged header information.  The specific issue presented was whether under this section it is unlawful to send commercial email advertisements from multiple domain names for the purpose of bypassing spam filters.  The Supreme Court held that it was not illegal to do so under this code section.  The court found that a single email with an accurate and traceable domain name which neither contains nor is accompanied by misrepresented header information makes no affirmative representation or statement of fact that is false pursuant to the code section.

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