Earlier this year, we blogged about address book scraping and some of the issues associated with the practice, specifically transparency and the use of unsolicited, deceptive e-mails. In a suit against reunion.com, a recipient alleged that she received a “deceptive” e-mail from the site because it was purported to be from her friend when in fact it was from reunion.com and sent without her friend’s consent.

Now another site has come under scrutiny for similar address book scraping tactics. This July, New York Attorney General Andrew M. Cuomo announced that he intends to sue Tagged.com (“Tagged”) for deceptive e-mail marketing practices and invasion of privacy.

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).