MD Judge: Spam Law 'Unconstitutional'

A Maryland Judge on Tuesday ruled that the state's antispam law is unconstitutional because it attempts to regulate out-of-state commerce. The decision came as part of a ruling that dismissed a case against an alleged New York spammer brought by Eric Menhart, a law student at George Washington University. In the case, the spamming party was in New York, the recipient in Washington, and the ISP was in Virginia.

Maryland Attorney General J. Joseph Curran said that although it didn't involve anyone in Maryland, the judge's ruling was in error. "The facts in this case may well be beyond the scope of our law, but that doesn't mean our law is unconstitutional," Curran said. Menhart says he will appeal.