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Senate Approves House Version of CAN SPAM Act

On November 25, the Senate unanimously approved the CAN-SPAM Act (S. 877), inclusive of technical changes agreed upon with the House, which is expected to approve the bill once again in December, clearing it for signature by the President. However, not everyone on the Hill is satisfied with the bill, in particular Representatives from California whose tough new anti-spam law which is effective January 1, 2004 will be pre-empted by this legislation, which they contend offers their constituents less protection. In addition, the new Texas anti-spam law (H.B. No. 1282), that went into effect September 1, 2003 will also be pre-empted by the federal legislation.

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