Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, January 05, 2005

Utah Anti-Spam Law Does Not Apply to Pop-Ups

A decision handed down by a Utah Appeals Court made it clear that the state's anti-spam law applied to e-mail and not pop-ups. In Riddle v. Celebrity Cruises, it was held that pop-ups fell outside the scope of Utah's Unsolicited Commercial and Sexually Explicit E-Mail Act.

I particularly liked this reasoning:

Moreover, if the pop-up ad sent to Riddle's computer could somehow be viewed as an e-mail, it likely would be regarded as a solicited e-mail--given that Riddle chose to surf the Internet and, apparently, to visit the Los Angeles Times website looking for travel information--and thus would fall outside the scope of the Act.

So anytime you surf the Internet in Utah, you are agreeing to the delivery of pop-ups. I guess it makes sense, in a roundabout kind of way. We should all be glad that we have pop-up blockers now. NOTE: The Utah Act was repealed on May 3, 2004.



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