Volume III

Issue : 9: May 5, 2005

• New Yorks Highest Court Upholds Internet Cigarette Sales Regulation
• Asian-Pacific Regulators Increase Efforts to Combat Spam
• Hackers to Assist the British Parliament
• IBM Sued For Security Breach
• New York State Takes Aim at Internet Companys Use of Spyware
• Bush Signs Family Entertainment and Copyright Bill
• Canada Included on U.S. List of Countries Requiring Improvements to Digital IP Laws

Home > Volume III > Issue 9: May 5, 2005 > New Yorks Highest Court Upholds Internet Cigarette Sales Regulation

New Yorks Highest Court Upholds Internet Cigarette Sales Regulation

The Court of Appeal of New York recently upheld a ban on the online sale of cigarettes within the state to parties other than licenced agents or wholesale dealers. The law had been challenged on the basis that the requirements of the accompanying "message of necessity" had not been met and the law had therefore not been validly enacted. The "message of necessity" is a process whereby the state's minimum three-day waiting period before a bill can pass may be overcome if the Governor sends "a message of necessity" certifying a requirement for prompt action by the Legislature.

Although all seven of the appealate judges ultimately found the law restricting Internet cigarette sales to be valid, three of the judges considered the particular wording of the "message of necessity" to be inconsistent with the state's constitution.

The challenging party indicated that they would now wait for the U.S. Supreme Court's ruling on whether various restrictions on the interstate sale of alcoholic beverages - enacted some 70 years ago - are valid and should apply in the Internet age. That ruling could also have a U.S.-wide affect on the validity of interstate regulation of Internet cigarette sales.

For additional information, visit:

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For a copy of the decision, visit:

http://shorl.com/ditrajygradrista

For a related article, visit:

http://shorl.com/bohenapridrulo