Statetreasurydefiningspam

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Statetreasurydefiningspam

  1. 1. IIII multl-user licence please contact Alan Mowa~ on 1-44 20 7234 0606li This printed article 11ay ,)ot be photocopied a:"1d ,::, for lhe exclusive use of Ms Erice>Ioki. r:or êiII October 21 2002 - BrazilI $tate treasury court edges closer to defining spamII The State Treasury Court of Porto Alegre has lifted an injunction against a joumalists internet service provider (ISP), Procergs, which allowed him to continue distributing a daily newsletter to over 11,000 people via emai!. The court disagreed with Diego Casagrandes argument that his newsletter could not be c1assified legally as spam. Procergs decided to restrict the indiscriminate delivery of emails in response to complaints from users, duly notifying its customers about the change in policy. Casagrande then obtained an injunction, which stated that Procergs had no right to restriet the delivery of his newsletters via the Internet. Judge Martin Schulze of the state treasury court revoked the injunction, ruling that Procergss decision to stop the delivery of Casagrandes newsletter did not constitute a restriction of journalist activities. The court also disagreed with Casagrandes contention that the e-newsletter could not be c1assified as spam since Brazilian law does not offer a definition of spam. The court felt that Casagrandes emails were unsolicited - an essential element of the internationally recognized definition of spam (unsolicited, commercial email). This decision is a radical break from previous case law, which found that unsolicited emails were a legitimate part of any healthy marketing scheme (see First Brazilian decision on spam takes wrong turn). Erica Aoki, Stroeter, Royster & Ohno Advogados - Advogados Associated wffh Steel Hector & Davis LLP, São Paulo © Copyright 2004 - 2008 Globe Business Publishing Ltd

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