California Anti-Spam Law Is Toughest In The Nation, But May Be Superseded By Impending Federal Legislation

On January 1, 2004, a bill recently signed by Governor Gray Davis will take effect that has been hailed by many as the toughest anti-spamming law in the nation. With narrow exceptions, the bill, SB 186, prevents marketers and advertisers from sending unsolicited email advertisements from California, regardless of whether the recipient is located in or outside the state. Targeting marketers and advertisers located outside California, SB 186 also prohibits sending unsolicited commercial email advertisements to a California email address. However, as explained below, SB 186 may well eventually be superseded by impending federal legislation.

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