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The CAN-SPAM Act: Regulates, Doesn't Eliminate, Spam
The CAN-SPAM Act ' “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003″ ' went into effect Jan. 1, and has important implications for anyone engaged in the sending of unsolicited e-mails, which are commonly known as spam. Contrary to public opinion, the act does not make spam unlawful; it attempts to regulate it.
CAN-SPAM Recap
The CAN-SPAM Act has three provisions to which spammers must adhere.
- Labeling. Unsolicited e-mails must be clearly identified as solicitation or advertisements for products and services.
- Offering an opt-out option. Senders must provide easily accessible, legitimate means for recipients to “opt-out” of receiving future messages.
- Revelation of the sender's addresses. Unsolicited e-mails must contain legitimate return e-mail addresses, as well as the sender's postal address. (It should be noted that the CAN-SPAM Act offers some exclusion from the aforementioned three requirements noted above.)
For recipients who have previously consented to receipt of unsolicited commercial e-mail, the act has two additional requirements.
- Spammers must use honest subject lines. Use of misleading or bogus subject lines to trick readers into opening messages is forbidden.
- Spammers must comply with the “Do Not E-Mail Registry.” The CAN-SPAM Act indicates that within 6 months, a proposed plan will be submitted to Congress by the Federal Trade Commission (FTC) for a “Do Not E-Mail” list.
More than 30 states have enacted anti-spam legislation. The CAN-SPAM Act is intended to supersede state or local anti-spam laws, with certain exceptions for state laws related to deceptive trade practices or “computer crime.”
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