CAN-SPAM compliance and international compliance are not mutually exclusive. CAN-SPAM sets a floor. And so does every other jurisdiction. Where the foreign floor is lower than or equal to CAN-SPAM’s, a CAN-SPAM-compliant program has no gap. Where the foreign floor is higher, a program built to CAN-SPAM’s standard may have a deficit it does not […]

The United States treats commercial email as opt-out by default, an approach that puts it at odds with email marketing laws outside the US. You may email someone who hasn’t asked for it, and CAN-SPAM permits that as long as you identify yourself, include a physical address, and honor unsubscribe requests. That framework has shaped […]

Authenticating email evidence often presents a problem that most counsel underestimate if the opposing party refuses to agree to authenticity. The From address visible in a message carries no inherent authentication. Under Fed. R. Evid. 901, courts require the proponent to establish that the communication was sent by the person it appears to be from. […]

On April 21, 2026, Representative Joyce of Pennsylvania introduced the Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act (the “SECURE Data Act”) in the House Energy and Commerce Committee. If enacted, it would be the most significant federal consumer privacy statute in U.S. history. It would not move the United States materially […]

Embedding Video on Your Site Does Not Make You a VPPA Video Tape Service Provider Salazar v. Paramount Global, now before the Supreme Court, resolves only one element of a multi-element statute. It is not the element that determines whether the Video Privacy Protection Act (VPPA) applies to your email marketing program. If Salazar wins, […]

In a filing to an appeals court, Trump's attorneys said getting the bond needed to halt proceedings while they appeal is a "practical impossibility."

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