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. […]

Publishing p=reject tells receivers what you want. The dis= field tells you what they decided — and they don't have to agree.

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, […]

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I run Whizardries, a consultancy that deals with email deliverability and privacy issues. As part of that effort, I'm starting a new podcast about email, deliverability, and privacy topics. I will cov...

Hello everyone, I was notified this morning that my job at Proofpoint was eliminated in this week's round of layoffs. My time at Proofpoint was thoroughly… | 25 comments on LinkedIn

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Ireland enlisted EU officials to approach social media giants in first use of new ‘incident protocol’ but content in Irish language may have escaped attention

States should not bury entrepreneurial spirit in thousands of hours of senseless red tape.

Alphv/BlackCat ransomware group files SEC complaint against MeridianLink over its failure to disclose an alleged data breach caused by the hackers.

Kmart breached spam laws more than 200,000 times despite multiple warnings from the media watchdog.The Australian retailer has paid a $1.3 million fine for...