Cc: online-news@planetarynews.com, spamad@internet.com,
        John Audette - Moderator , KAWASAKI@UMSLVMA.UMSL.EDU,
        SPAM-L@eva.dc.LSOFT.COM, inet-access@earth.com
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> > For today's reading leisure in Doctor Don's Waiting Room < <
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

        "The Court declares that Cyber Promotions does not have
a right under the First Amendment to the United States Constitution
or under the constitutions of Pennsylvania and Virginia to send
unsolicited email advertisements over the Internet to members of
America Online." So ruled Judge Charles R. Weiner, of the U.S. Court
for the Eastern District of Pennsylvania.

    So AOL, according to this ruling, does have a right to
block e-mail from Cyber Promo and other junk emailing sites.

     "It sets a clear precedent that marketers do not have an
unequivocal right to mass-solicit members on the Internet," according
to AOL's legal spokesman.

    Sanford Wallace, president of Cyber Promotions, said that the
ruling  "does not mean that Cyber Promotions is prohibited from
sending commercial email. It simply means AOL can continue blocking
unsolicited email." Hmm, the judge did say he didn't have a right
to send it, didn't he?

    "The bottom line is it will be a very sad day when a few powerful
media companies like AOL can control Internet traffic in a way that
benefits their own financial interests," Wallace added.

    The EFF said they thought this was the right ruling but
for the wrong reason, and an appeals court would probably
uphold the ruling but change the reasoning. Sanford said he
is deciding whether to appeal.

    http://www.news.com/News/Item/0,4,5059,00.html

Doc


                       Doctor Don -- Internetist
~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~   ~ 
             Specializing in the diagnosis, prevention and
              treatment of Internet diseases and maladies.
	docdon@pobox.com			+1.757.877.4992
 ***         Member Virginia Peninsula Chamber of Commerce          ***

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