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Anti-spam law 'unconstitutional'

Judge says Maryland anti-spam law is flawed.

A judge has ruled that Maryland's anti-spam law is flawed because it violates the commerce clause of the US Constitution. The Montgomery judge made the ruling as part of his dismissal of a lawsuit against New York email marketing company First Choice Internet. In dismissing the complaint, Circuit Judge Durke G. Thompson said the Maryland anti-spam law violates the commerce clause of the US Constitution, which reserves the power to regulate inter-state commerce for the federal government. However, Maryland Attorney General J. Joseph Curran Jr. (D) said he 'respectfully disagrees' with Thompson's ruling, and said it will have no effect on statewide enforcement of the law.

15 December 2004

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