In a recent decision, the Northern District of California held that e-mail harvesting without permission may give rise to a cause of action under the California Penal Code and based on common law misappropriation. More striking, however, was the court’s ruling that the federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq., preempts two California anti-spam statutes. Facebook, Inc. v. ConnectU LLC, — F.Supp.2d —, 2007 WL 1514783 (N.D. Cal. 2007).