The CAN-SPAM Act: Regulates, Doesn't Eliminate, Spam

CAN-SPAM Recap

The CAN-SPAM Act has three provisions to which spammers must adhere.

1. Labeling. Unsolicited e-mails must be clearly identified as solicitation or advertisements for products and services.
2. Offering an opt-out option. Senders must provide easily accessible, legitimate means for recipients to “opt-out” of receiving future messages.
3. 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.

1. Spammers must use honest subject lines. Use of misleading or bogus subject lines to trick readers into opening messages is forbidden.
2. 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.”