Yes, however, Texas Business and Commerce Code Sec. 321.052(a) provides a potential “safe harbor” under Texas law. Failure to comply with 321.052(a) may lead to criminal liability under Sec. 321.101. TRANSMISSION OF MESSAGE CONTAINING OBSCENE MATERIAL OR MATERIAL DEPICTING SEXUAL CONDUCT; CRIMINAL PENALTY. (a) A person commits an offense if the person intentionally takes an action to transmit a message that contains obscene material or material depicting sexual conduct in violation of Section 321.052(a)(1).
(b) An offense under this section is a Class B misdemeanor.

Please note this is state specific, and there may be other state’s law or federal law implications as well.

• 25/05/2009 -- I contracted with a company to send email ads for me, but I didn’t know they violated the law. Can I still be sued? (0)
• 25/05/2009 -- I am an internet service or email provider. May I block emails that I believe are in violation of the Texas anti-spam laws? (0)
• 25/05/2009 -- I run an electronic mail service or internet service provider. Can I be sued if one of my clients sends unsolicited commercial email (spam) without my knowledge? (0)
• 25/05/2009 -- Can I create a class action lawsuit to go after a spammer in Texas? (0)
• 25/05/2009 -- My email servers were used by a spammer to send unsolicited emails. Can I go after the spammer? (0)
• 25/05/2009 -- Is there a civil penalty in Texas for sending unsolicited commercial email (UCE or Spam)? (0)
• 25/05/2009 -- I want to send an unsolicited commercial email in Texas. How do I comply? (0)
• 25/05/2009 -- Is it against the law to falsify (munge) internet headers or use fake subject lines when sending unsolicited emails? (0)
• 14/06/2009 -- I’d like to sue a spammer who used my equipment. Can I do this while still protecting my trade secrets? (0)
• 01/01/2010 -- When can a judgment creditor take my home? (0)

business litigation, intellectual property, internet law, internet service provider, spammer law

This entry was posted on Monday, May 25th, 2009 at 5:36 pm and is filed under Business law, Contract law, Criminal Defense, Intellectual Property, Litigation and judgments. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.