This is why I’m not a lawyer..
I was asked to “consult” with our VP of Legislative Affairs this afternoon in reference to an anti-spam bill. She showed me the current state law, the proposed state law and the latest Federal CAN-Spam Act. All 3 have a different definition of what an “access provider” is. Being an access provider gives you the right to sue people who don’t follow the rules. It’s going to take an army of lawyers and lobbyists to agree on what the wording should be in the new state law, and make sure it complies with the framework set out by the federal statute. It makes my head ache to just think about those conversations!
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