Lawmakers in Maryland enacted a brand-spanking-new anti-spam law this week.
How is that possible, given the Federal preemption of state anti-spam laws by the CAN-SPAM act of 2004? Well, as
Maryland lawmaker and co-author of the new Maryland law Neil Quinter explains:
"There's a specific carve-out for state laws addressing falsity or deception in spam e-mails. We drafted the legislation carefully to fit within that carve-out."
Indeed, it is this same exception which has allowed Virginia, among other states, to succesfully sue spammers post January 1, 2004. And let's face it, do you really think that the Feds are going to devote resources to prosecuting spam prosecutors, when there are so many spammers needing prosecution?
