California keeps spam illegal

Sending junk email will remain an offence in California following an appeals court decision to uphold the state's 1998 anti-spam law.

In a unanimous ruling, a three-judge panel of the state appeals court said that California could continue to require internet spammers to identify emails as advertisements, as well as provide ways for recipients to have their names removed from email posting lists.

The challenge to the law came from two Silicon Valley companies, Friendfinders Inc and Conru Interactive, which are currently accused of spamming a California resident.

Both companies argued that the state's law was unconstitutional in that it overstepped its jurisdiction by interfering with interstate commerce.

The court's decision was greeted by supporters of email regulation as an important step towards restraining unwelcome business behaviour on the internet.

The two companies involved in the initial case are not expected to appeal against the decision. Both will instead go to trial to defend against charges that they violated the 1998 anti-spam law.

California is one of 18 US states to have laws regulating unwanted commercial email, and similar legislation has been proposed in the US Congress.

The ruling could also help create a precedent for further challenges to spam regulation.

In 2000, a San Francisco Superior Court judge had ruled in the challengers' favour but the appeals court decision now represents the first higher court ruling on the validity of the 1998 law.

Disagreeing with the finding of the lower court, the state appeals court said that the legislation was clearly aimed at individuals and entities that do business in California, use equipment located in the state and send unsolicited email to its residents.

The appeals court said it had found that California has a substantial legitimate interest in protecting its citizens from deceptive unsolicited commercial email.

Spam costs consumers time and potentially money in the form of higher internet service fees charged to defray the costs of the spam traffic.