Following complaints from more than 10,000 people, the FTC has filed its first charges under the CAN-SPAM Act of 2003 against four people presumed to be living in the suburbs of Detroit: Daniel J. Lin, James J. Lin, Mark M. Sadek and Christopher Chung.
At least one arrestee was reported to be very surprised at his arrest.
Sadek's lawyer, James L. Feinberg, said U.S. agents arrived at Sadek's home early in the morning "out of the clear blue" and arrested him.
"He was absolutely shocked," Feinberg said. He said Sadek will plead innocent to the criminal charges, which have not yet been challenged in court.
"No one's done this before," Feinberg said. "It will be fun — not for my client but for me professionally."
Fun? I'm not sure about that. I hate SPAM as much as anyone. Its tonnage gives me pause for the future viability of the Internet. Nonetheless, I'm skeptical that CAN-SPAM or any other law can deal effectively with the SPAM problem. As far as I'm concerned First Amendment rights must not be allowed to be infringed by any law. The Constitution, as amended, does after all specify that "Congress shall make no law... abridging freedom of the press...." [emphasis added].
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