CAN-SPAM Act.The FTC has had some success in legal enforcement of a
phishing scam that had targeted PayPal and AOL customers. Although a rather
light sentence was applied, the FTC successfully cited privacy violations with the
Gramm-Leach-Bliley Act (GLBA), which is designed to protect consumers’ pri-
vacy and sensitive financial information.
Because the CAN-SPAM Act preempted all state laws except those dealing
with “falsity and deception,” many states have moved their Internet and e-com-
merce focus away from spam and on to spyware. California and Utah have become
the first states to pass laws governing spyware-related activities. Utah was the first ...