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Maine Lawsuit Dismissed and Law "Likely Unconstitutional"

The kerfuffle over the controversial Maine law slated to become effective this week that would have prohibited all marketing to minors has been dismissed. Yesterday, the District of Maine issued a Stipulated Order of Dismissal stating that there is a likelihood that the statute is "overbroad and violates the First Amendment." Further (and perhaps more important to business), Judge Woodcock warned that any individual lawsuits brought under the statute’s private right of action would likely face the same fate -- dismissal. "[T]hird parties are on notice that a private cause of action under Chapter 230 could suffer from the same constitutional infirmities" that resulted in his finding that the law was likely overbroad, Woodcock concluded.

In the meantime, the lawsuit was dismissed without prejudice in light of the Attorney General’s representation to the Court that Maine will not enforce the statute and that the Legislature will reconsider it when they reconvene in January 2010.

Other links:
eWeek
Portland Press Herald

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Cynthia J. Larose

Member / Chair, Privacy & Cybersecurity Practice

Cynthia J. Larose is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E). She works with clients in various industries to develop comprehensive information security programs on the front end, and provides timely counsel when it becomes necessary to respond to a data breach.