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CAN-SPAM in court

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Tech News on ZDNet reports that “[a]n online dating service does not have the right to blast unsolicited e-mail at thousands of University of Texas e-mail addresses, a federal appeals court ruled.”

It seems that White Buffalo Ventures thinks it has a constitutional right to spam. In February 2003, the company filed a Public Information Act request with the University of Texas for a list of all email addresses at the school. By April 2003, they were flooding those accounts with solicitiations. Most of those were invites to use their LonghornSingles.com dating service.

The University asked White Buffalo to cease and desist. White Buffalo refused. The University instituted blocks against the email. White Buffalo sued claiming that the University’s action violated the US Constitution’s First Amendment and the CAN-SPAM Act of 2003.

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