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Court: CAN-SPAM Applies to Social Network Messages

PRIVACY LAW—U.S.

April 4, 2011

The U.S. District Court for the Northern District of California has determined that "messages sent by Facebook users to their Facebook friends' walls, news feeds or home pages are 'electronic mail messages' under the CAN-SPAM Act," the Hogan Lovells Chronicle of Data Protection reports. In the case of Facebook v. MAXBOUNTY, the court sided with Facebook as the plaintiff in denying MAXBOUNTY's motion to dismiss on the basis that CAN-SPAM applies only to traditional e-mail. "The ruling is the most expansive judicial interpretations to date of the types of messages falling within the purview of the CAN-SPAM Act," the report states.
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