Associated Press
WASHINGTON — The U.S. Supreme Court on Monday denied to hear a case involving Washington state’s tough law against deceptive junk e-mail, or spam.
The decision clears the way for trial to begin in King County Superior Court in Seattle on a lawsuit against Jason Heckel over millions of pieces of unsolicited e-mail sent by Heckel and his company, Natural Instincts.
The high court denied the case without comment. But by not accepting the case, the justices effectively agreed with a Washington state Supreme Court’s decision to overturn lower court’s dismissal of the lawsuit.
A Washington state law prohibits commercial e-mail with misleading information in the subject line, an invalid reply address or a disguised path of transmission across the Internet.
In October 1998, state Attorney General Christine Gregoire filed suit against Heckel of Salem, Ore., after her office’s Consumer Protection Division received complaints about Natural Instincts’ messages, advertising a $39.95 package called "How to Profit From the Internet."
Among the allegations, Heckel was accused of using a misleading subject line — "Did I get the right e-mail address?" — which state lawyers considered a trick to deceive recipients into thinking the message came from an acquaintance.
Heckel’s attorney, Dale Crandall, said if he doesn’t prevail after the King County trial, the case may work its way back again to the U.S. Supreme Court.
Crandall argues the Internet is a commercial infrastructure that needs to be protected from inconsistent state regulations, like Washington’s law, to protect national and international commerce.
"We view the Internet to be similar to what the founding fathers saw in the oceans, coastlines and navigable waters," which are protected by uniform federal regulations, Crandall said.
But Regina Cullen, Washington state assistant attorney general, said Crandall wrongly argues Heckel’s actions are legitimate and somehow protected under the Constitution.
"You have to take a look at what the man is doing — he is defrauding people," she said. "You can’t use the Constitution as a shield to hide bad behavior."
Cullen said Heckel was selling a 45-page brochure on how to send out spam. She said the only customer she’s aware of, a Washington state woman, sent Cullen a check but never received the brochure.
In other action at the Supreme Court on Monday, the justices:
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