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Court Rules AOL Can Block Mass, Unsolicited E-Mail

But leaves door open for appeal by Cyber Promotions.

By Elinor Mills, PCWorld   

Cyber Promotions Inc. sued AOL in September after the online service provider blocked Cyber Promotions%squot mass e-mailings to AOL subscribers. The U.S. District Court in Philadelphia dismissed Cyber Promotions%squot argument that the action violated its rights to free speech under the First Amendment of the U.S. Constitution.

The court did not dismiss the entire case, as AOL had urged, but gave Cyber Promotions 10 days to submit a list of theories, other than the First Amendment arguments, as to why it believes it is entitled to send so-called junk e-mails to AOL members.

The ruling also left the door open for either side to appeal. A trial for the case was previously scheduled for Nov. 12. Other related, but less significant issues remain to be addressed, according to an AOL spokesman.

Executives at Cyber Promotions could not immediately be reached for comment. AOL, meanwhile, lauded the ruling.

%dquotThis decision is a win for our members, who have consistently and loudly complained that junk e-mail is annoying, costly and often inappropriate,%dquot said David Phillips, associate general counsel at AOL, in a statement.

AOL announced a new tool last week called PreferredMail, which gives users the option of refusing e-mail from a published list of sites that are found to send unsolicited e-mailings.

CompuServe is involved in a similar lawsuit against Cyber Promotions in Ohio.