Why can a business lawfully send unsolicityed traditional mail, or make unsolicited phone calls but spamming violates the law?
1. The trial court found that Stengart did not have a legitimate expectation of privacy when sending personal emails through the company’s laptop. The appellate court and the Supreme Court disagreed. Discuss the reasoning that the higher courts had in reversing the trial court.
2. What effect would this decision have on a company when thinking about forming company policy regarding personal communication?
3. Would a state antispam statute that specifically prohibited pornographic, obscene, terroristic, and fraudulent emailing withstand constitutional scrutiny? Why or why not?
4. Is spam really so bad? Why can a business lawfully send unsolicityed traditional mail, or make unsolicited phone calls but spamming violates the law?

 

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