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internetworkers - RE: [internetworkers] Call your Rep. now to oppose S.877 -"CANSPAM"act

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  • From: "Alan MacHett" <machett AT ibiblio.org>
  • To: internetworkers AT lists.ibiblio.org
  • Subject: RE: [internetworkers] Call your Rep. now to oppose S.877 -"CANSPAM"act
  • Date: Mon, 17 Nov 2003 22:21:37 -0500 (EST)

Next questions:

-In what context or for what reason might one sue?
-Does a law have to explicitly state that a private right of action exists?

I imagine other laws are already in place that would cover any reason one
might have for litigation. Also, I find it difficult to imagine any jury
in this day and age that would not be partial to such a plaintiff -- the
defense would have to get a jury that had never received spam *or* junk
mail (which would be a comparative argument).

eh, but I'm no attorney...
Alan

Michael D. Thomas said:
>
>> I suppose I need clarification of what is meant by "private right of
>> action":
>
> Private right of action means right to sue. I couldn't find a
> definition, but here it is in context:
>
> "The Birmingham School Board has claimed in court that even if Jackson
> is right, he has no case. It argues that Title IX does not create a
> "private right of action" for retaliation -- that is, even if the school
> retaliated, the statute does not allow Jackson to sue it for damages, or
> even prohibit the school from retaliating in this way. "





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