CAN-SPAM / Private Anti-SPAM Regulations Not Pre-empted by CAN-SPAM

The 5th Circuit Court of Appeals has held that University of Texas anti-spam regulations are not pre-empted by CAN-SPAM. While CAN-SPAM expressly allows stricter state regulation of SPAM, it does not contain a similar express provision for private regulation. This case is important since it reinforces the "private contract" nature of internet access, dissemination and regulation.

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