Affordable Access

How Much Spam Can Can-Spam Can? – Evaluating the Effectiveness of the Can-Spam Act in the Wake of White Buffalo Ventures v. University of Texas

Authors
Publisher
bepress Legal Repository
Publication Date
Keywords
  • Computer Law
  • Intellectual Property Law
  • Law And Technology
  • Science And Technology
  • Intellectual Property
  • Internet Law
Disciplines
  • Law

Abstract

How Much Spam Can Can-Spam Can? â•fi Evaluating the Effectiveness of the Can-Spam Act in the Wake of White Buffalo Ventures v. University of Texas 1 [HM1]HOW MUCH SPAM CAN CAN-SPAM CAN? – EVALUATING THE EFFECTIVENESS OF THE CAN-SPAM ACT IN THE WAKE OF WHITE BUFFALO VENTURES V. UNIVERSITY OF TEXAS Fay Katayama* Millions of email users around the world face the same problem each time they go to check their email inbox - Spam. Every day, millions of spam emails are sent. In response to the ever-growing spam problem, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketings Act of 2003 (hereinafter “CAN- SPAM”)1. Due to the relative youth of CAN-SPAM, no court in the nation had evaluated any portion of the statute until White Buffalo Ventures v. University of Texas2 was heard in the Fifth Circuit. While I[HM2] ultimately agree with the holding of the Court of Appeals, this Note aims to further clarify the holding of the Court, and give better guidance for the future. Part I describes the genesis of spam legislation up until CAN- SPAM’s enactment. Part II sets out the factual and procedural background of White Buffalo and details the Fifth Circuit’s holding. Part III argues that the while holding is correct, much of the analysis explaining the holding is missing. Finally, based on these reasons, Part IV suggests guidelines for the future. * JD Candidate, Chapman University School of Law, Class of 2007. I would like to thank Henry Mann for being my idol and inspiration. He is the coolest man alive and I cry every time I think about how bad I suck compared to him. P.S. Henry wrote all the good parts of this article, whereas I take full credit for the banal drivel which comprises the rest. * J.D. Candidate, 2007, Chapman University School of Law, B.A., Sociology, 2001, Baylor University. I would like to thank my family and friends for much love and support, and Henry Mann, for invaluable editing c

There are no comments yet on this publication. Be the first to share your thoughts.