Legal Question in Telecomm Law in California

Someone that I knew in high school (I am 64 years old) has been contacting me via email with his extreme right wing viewpoints including advocating assasination of the president. This man sends me emails as often as several times a week. The only reply I have ever sent him is to state that I find his points of view repellant and that I want him to cease and desist. My fear is that this man is in some sort of home grown terrorist group and I want no part of it.

What are my legal rights (if any) regarding harassment by email?

Mary Mantle


Asked on 12/11/09, 12:50 pm

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

If he's sending to you as part of a large mailing list, you have the right to ask that he remove you, and if he doesn't do so, to sue him for violation of the CAN SPAM act. The problem is that he's sending political, not 'commercial' messages, which may be entitled to greater first amendment protection.

Each unsolicited email he sends could entitle you to as much as $500 if the Can Spam law applies.

Best bet, though, is to just set up a filter to 'block' his emails.

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Answered on 12/16/09, 1:50 pm


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