State v Heckel :: 143 Wn2d 824
Category: Consumer Protection
Jason Heckel of Salem, Oregon, dba Natural Instincts, was charged with spamming, or sending unsolicited commercial e-mail over the Internet using misleading information in the subject line and false transmission paths. He used third party domains and domain names to disguise the transmission path and the message point of origin. (at 826, 828).
Heckel challenged the charges under the Commerce Clause. The Court, however, ruled the statute did not violate, or interfere with, interstate commerce, nor did it intrude on federal power. The act applies to fraudulent practices and applies equally to all businesses doing business over the Net in Washington, whether in State or out of State.
We don’t see this as a free speech issue, nor can we justify fraud as legitimate free enterprise.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Bridge, Bobbe | |
| pass | Busch, Richard | |
| pass | Chambers, Tom | |
| pass | Cullen, H Regina | |
| pass | Esler, Brian | |
| pass | Geck, Jay | |
| pass | Gregoire, Christine | |
| pass | Hirschfeld, W Stuart | |
| pass | Ireland, Faith | |
| pass | Johnson, Charles | |
| pass | Madsen, Barbara | |
| pass | Owens, Susan | |
| pass | Sanders, Richard | |
| pass | Selis, Paula | |
| pass | Smith, Charles | |
| fail | Crandall, Dale | |
| fail | Rhony, Charese | |
| fail | Robinson, Palmer | |
| fail | Van Siclen, Robert |