Legal Question in Technology Law in Maryland

Re: Spam

Just because a spammer provides a "remove" address does not mean it is in full compliance with the law. The California statute, for example, has a number of other requirements besides a valid remove address. However, I am not aware of any law in Maryland that regulates spam.

If you can figure out who sent you spam, then absolutely you can sue. Whether you win will depend upon a number of factors.

If you are serious about suing spammers, contact me at [email protected] or take a look at http://www.netatty.com/spam.html

Re: Spam

Since my earlier post, I have learned that Mayland has had a law since 1998 which regulates unsolicited email, but only if that email is harassing. Ordinary UCE (unsolicited commercial email) does not appear to be covered.

I am not licensed in Maryland, nor have a studied the statute or cases interpreting it.

Still, if the UCE originates in a state where it is in violation of the law, then you could file suit in that state. Defense attorneys call this "forum shopping." The problem is that while a defendant's home state will always have jurisdiction, it may have a choice of law provision that chooses the law of the forum where the injury occurred. This would essentially put you back in Maryland, but with an out-of-state attorney.

Re: Invalid

I suggest you drop your pipe dream about getting rich sueing spammers and just use your email filter.

You probably would spend more than you win and probably would not be able to collect anything even if you did win. Only if you find a deep pocket spammer would the suit be profitable, and the ones with the deep pockets generally spam in a legal manner with valid unsubscribe information.