Pornography trade association Free Speech Coalition is set to sue the state of Utah over its so-called child protection e-mail address registry, Direct has learned.
And in spite of receiving an anonymous threatening letter, direct marketer Beer Across America plans to file an amicus brief supporting the Free Speech Coalition’s suit, said Louis Amoroso, president of Lake Forest Ill.-based Beer Across America.Amicus brief is a phrase that literally means “friend of the court”–someone who is not a party to the litigation, but who believes that the court’s decision may affect its interest.
Utah and Michigan passed laws this summer aimed at protecting children from receiving adult-oriented e-mails and other electronic communications. The laws allow parents and legal guardians to register the e-mail addresses and other “contact points” of minors. The laws criminalize anyone who sends addresses on the registry e-mail with content that it is illegal for minors to buy or view.
Marketers who wish to send e-mail with adult content, including non-pornographic content such as a beer-of-the-month club newsletter are supposed to scrub their lists against these registries once per month.
Most e-mail marketing experts believe that Utah and Michigan’s registries will not stand a constitutional challenge. However, no company to date has been willing to risk the possible negative publicity that may come with challenging a law that is ostensibly aimed at protecting children.
Beer Across America was ready to be the lead plaintiff in a suit organized by trade group E-mail Service Provider Coalition, but backed off when it learned that the Free Speech Coalition was filing suit, said Amoroso.
“The ESPC made the decision that they didn’t want to quote unquote be in bed with the coalition,” said Amoroso. “Even if we filed separate suits there was concern that a private judge would bring the two suits together, and we figured we’d be better off filing an amicus brief after the Free Speech Coalition filed their suit.”
Amoroso said he believes the Free Speech Coalition will file its suit on Wednesday. Reached on his cell phone, Tom Hymes, a spokesman for the Free Speech Coalition, would not confirm or deny that the coalition is set to sue.
Calling the registries “a tremendous concern,” Hymes said: “We are actively investigating our options.”
Meanwhile, just days after Amoroso agreed for his company to be the lead plaintiff suing Utah, he received a letter claiming to be from “a friend” containing implied threats.
The typo-laden letter dated Oct. 2 implied that if Beer Across America went through with its lawsuit, it would receive terrible publicity and would be alone in its fight.
“I learned recently that Beers [sic] Across America has become ESPC’s plaintiff in its attempt to battle the new anti-spam law in Utah,” the letter began. “In the interest of full disclosure, I think you have the right to know that, rather than being just one of many plaintiffs in the action against the State of Utah, Beers [sic] Across America is in fact the only plaintiff.
“None of the other companies approached by ESPC and courted as potential plaintiffs were willing to stick their necks out and risk the inevitable bad publicity the suit would attract (in the form of headlines reading, ‘Company sues for right to sell booze to minors’—or drugs, or porn, or tobacco—take your pick,” the letter said.
“Obviously, you must have your own reasons for participating in the suit; I just didn’t want to [sic] you to be unpleasantly surprised later when you learned that there wasn’t a whole cadre of other companies along for the ride, [sic] who could absorb some of the negative press. You’d be out there on the front lines alone.”
Amoroso said he has no idea who the letter may be from. However, he said, the letter came shortly after the ESPC had a conference call with members updating them on the possibility of a suit. This would indicate that someone has gained access to those calls who is working against the ESPC’s agenda.
“The letter didn’t really do anything to deter us one way or the other,” Amoroso said. “I just found it interesting that we have a private conversation and within a day or two I get a warning letter.”
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