WASHINGTON, Dec. 15 (UPI) -- A Maryland judge has ruled the state's anti-spam law is unconstitutional because it interferes with interstate commerce.
The Montgomery County circuit judge took the position by dismissing a lawsuit against First Choice Internet, a New York e-mail marketer, the Washington Post reported Wednesday.
The judge's decision doesn't bind other courts, but if upheld on appeal, the decision could overturn the state's 2002 Commercial Electronic Mail Act, which outlaws commercial e-mail sent without permission or containing false or misleading information.
Judge Durke G. Thompson said the law violates the commerce clause of the U.S. Constitution, which reserves the power to regulate interstate commerce for the federal government.
Maryland's attorney general said he "respectfully disagrees" with the ruling.
"The law is still in force throughout the entire state of Maryland," he said. "This decision only affects that one case. The law remains, in our opinion, constitutional throughout the entire state."
