Tag Archives: email

Enforcing Canadian Anti-Spam Law

The Canadian Anti-Spam Legislation (CASL) has aroused concern among marketers on both sides of the border since it started coming into force in July 2014 (some provisions, such as a private right of action, do not take effect until next year). It has stricter consent requirements than the US CAN-SPAM Act, as well as rules … Continue Reading

Does the Stored Communications Act Protect an Email’s Subject Line From Disclosure?

In other words, is the subject line considered “content” which the SCA says a service provider cannot disclose to a third party? Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. & Ors., 2013 WL 256771 (N.D.Cal., January 23, 2013) Plaintiff served Google with a subpoena seeking, among other things, the subject line of … Continue Reading

South Carolina Supreme Court Splits with the Ninth Circuit Regarding Stored Communications Act Protections for Webmail

The Supreme Court of South Carolina recently ruled that the federal Stored Communications Act (“SCA”) provides no cause of action against a hacker who accessed a user’s webmail without authorization, creating a split with the Ninth Circuit’s 2004 case, Theofel v. Farey-Jones.  See Jennings v. Jennings, No. 27177, 2012 WL 4808545 (S.C. Oct. 12, 2012). In … Continue Reading