SPAM – Private Entities May Block CAN-SPAM Compliant E-mail

The Supreme Court let stand a lower court decision that the CAN-SPAM Act did not pre-empt more restrictive private anti-spam rules. As noted in an earlier post, the plaintiff made two arguments. First that CAN-SPAM created a standard that private entities were required to honor. Second that the University of Texas infringed free speech rights by blocking legitimate e-mail. Both arguments were rejected. The Supreme Court’s decision solidifies the general understanding among Internet infrastructure providers that they may implement e-mail policies that differ from the CAN-SPAM Act. ecommerce times article