Since we all hate spam. Is this good news? > High Court Won't Hear ESpam Case > > By KATHERINE PFLEGER > Associated Press Writer > > WASHINGTON (AP) The U.S. Supreme Court declined to hear a case Monday > involving Washington state's tough law against deceptive junk e-mail, > or spam. > > The decision clears the way for trial to begin in King County Superior > Court in Seattle on a lawsuit against Jason Heckel over millions of > pieces of unsolicited e-mail sent by Heckel and his company, Natural > Instincts. > > The high court turned away the case without comment. But by not > accepting the case, the justices effectively agreed with a Washington > state Supreme Court's decision to overturn lower court's dismissal of > the lawsuit. > > A Washington state law prohibits commercial e-mail with misleading > information in the subject line, an invalid reply address or a > disguised path of transmission across the Internet. > > In October 1998, state Attorney General Christine Gregoire filed suit > against Heckel of Salem, Ore., after her office's Consumer Protection > Division received complaints about Natural Instincts' messages, > advertising a $39.95 package called ``How to Profit From the > Internet.'' > > Among the allegations, Heckel was accused of using a misleading > subject line ``Did I get the right e-mail address?'' which state > lawyers considered a trick to deceive recipients into thinking the > message came from an acquaintance. > > Heckel's attorney, Dale Crandall, said if he doesn't prevail after the > King County trial, the case may work its way back again to the > nation's highest court. > > Crandall argues the Internet is a commercial infrastructure that needs > to be protected from inconsistent state regulations, like Washington's > law, to protect national and international commerce. > > ``We view the Internet to be similar to what the founding fathers saw > in the oceans, coastlines and navigable waters,'' which are protected > by uniform federal regulations, Crandall said. > > But Regina Cullen, Washington state assistant attorney general, said > Crandall wrongly argues Heckel's actions are legitimate and somehow > protected under the Constitution. > > ``You have to take a look at what the man is doing he is defrauding > people,'' she said. ``You can't use the Constitution as a shield to > hide bad behavior.'' > > Cullen said Heckel was selling a 45-page brochure on how to send out > spam. She said the only customer she's aware of, a Washington state > woman, sent Cullen a check but never received the brochure. > > The case is Heckel v. Washington, 01-469. -- Bob Tanner <tanner at real-time.com> | Phone : (952)943-8700 http://www.mn-linux.org, Minnesota, Linux | Fax : (952)943-8500 Key fingerprint = 6C E9 51 4F D5 3E 4C 66 62 A9 10 E5 35 85 39 D9