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United States v. Kilbride, 584 F.3d 1240 (9th Cir. 2009) is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the Can Spam Act and US obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers, which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3). The case is particularly notable because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet.

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  • United States v. Kilbride (en)
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  • United States v. Kilbride, 584 F.3d 1240 (9th Cir. 2009) is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the Can Spam Act and US obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers, which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3). The case is particularly notable because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet. (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Seal_of_the_United_States_Courts,_Ninth_Judicial_Circuit.svg
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  • Appeal from the United States District Court for the District of Arizona (en)
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  • Seal of the United States Courts, Ninth Judicial Circuit.svg (en)
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  • United States of America v. Jeffrey A. Kilbride and James Robert Schaffer (en)
Holding
  • Affirmed, but remanded for a clerical correction. (en)
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  • United States v. Kilbride (en)
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  • United States v. Kilbride, 584 F.3d 1240 (9th Cir. 2009) is a case from the United States Court of Appeals for the Ninth Circuit rejecting an appeal from two individuals convicted of violating the Can Spam Act and US obscenity law. The defendants were appealing convictions on 8 counts from the District Court of Arizona for distributing pornographic spam via email. The second count which the defendants were found guilty of involved the falsification of the "From" field of email headers, which is illegal to do multiple times in commercial settings under 18 USC § 1037(a)(3). The case is particularly notable because of the majority opinion on obscenity, in which Judge Fletcher writes an argument endorsing the use of a national community obscenity standard for the internet. (en)
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