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In September, California upgraded its laws on unsolicited email. The new law, slated to go into effect this January, makes unsolicited email advertising illegal and allows advertisers to be held accountable for the actions of their marketing affiliates. Moreover, the law also prohibits email "harvesting", collecting emails available on the internet for the purpose of sending unsolicited email.
Provisions that forbid falsified email header information and misleading or false subject lines that are currently in effect will remain in the new law. Also remaining are provisions for ISPs to collect damages from unsolicited email blasts sent through their systems.
If you are unsure how this law affects you, take a look at your mailing list members. Any recipient on your list that has not requested to receive your email or does not have a business relationship with you is questionable. Email addresses that were purchased or otherwise obtained become a liability since there is virtually no way to certify that permission was given. This law is consistent with EmailLabs current policy of requiring permission or a business relationship and not allowing emails to be sent to purchased, harvested and other non permission-based lists.
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