Beyond Systems, Inc. v. Kraft Foods, Inc.

OPINION

PETER J. MESSITTE, District Judge.

I

Introduction

The advent of electronic mail has brought with it a flood of commercial advertising, some of it misleading, false, or deceptive, some even fraudulent, much of it unwanted. That in turn has given rise to federal and state legal initiatives intended to stem the flow of the unwanted, and especially the misleading, false, deceptive, and fraudulent e-mails, so-called anti-spam legislation. Federal legislation, notably the CAN-SPAM Act,1 seeks to regulate commercial email in general terms, i.e., any message whose primary purpose is the *752commercial…