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FTC Opens the Door To Spam Regulation

BY D. Reed Freeman Jr.
August 23, 2003

The Federal Trade Commission (FTC) is under enormous pressure to address the growing proliferation of spam. n light of Constitutional and statutory limitations, the FTC has been forced to focus its efforts on deceptive spam, as opposed to the broader problem of too many unsolicited messages crowding consumers' in boxes.

Recent FTC activities ' a study and an accompanying enforcement action ' however, represent a significant expansion of the types of e-mail that are likely to draw the FTC's scrutiny.

The Commission's new focus is on spam that contains deceptive 'from' and 'subject' lines, even if this information does not relate to the text of the e-mail and even if its entire effect is to cause consumers to open an e-mail they otherwise might have deleted without opening.

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