Synopsis
of CAN-SPAM ACT
CAN-SPAM is the short title and acronym for the Controlling
the Assault of Non-Solicited Pornography and Marketing
Act of 2003, was passed by Congress, signed by
the President and took effect on January 1, 2004.
In order to avoid penalties under the Act the following
provisions must be adhered to:
- Clear and conspicuous identification
that the message is an advertisement or solicitation.
- Accurate header information
with originating email address, domain name
or Internet Protocol address.
- From line- that accurately
identifies the sender of the email.
- Inclusion of return address.
- Every email must now contain
a "clear and conspicuous" means
for the recipient to opt out and stop further
mailings.
- A valid postal address
of the sender.
- If it is adult or sexually
oriented matter, explicitly mention so in
the subject line.
- Optional- Might provide
the recipients a list to choose from on specific
types of commercial messages, the recipients
might like or not like to receive.
- Don't send commercial email
to addresses that were harvested from the
Internet without permission or that was compiled
by automated means.
The Law allows
- Allows, but does not require,
the FTC to create a "Do-Not-SPAM"
registry.
- Allows the FTC and state
attorneys general the ability to vigorously
enforce the laws contained in the anti-SPAM
legislation.
- It allows enforcement of
statutory damages of $2 million for violations,
tripled to $6 million for intentional violations,
and unlimited damages for fraud and abuse.
- Allows the FTC, state attorneys
general and Internet providers to sue companies
who violate the law.
The Federal
Trade Commission is responsible for the enforcement
of the CAN-SPAM Act. It may bring suit against
those who violate it. In addition, the Attorneys
General of each State have some powers of enforcement
with respect to violations of the law affecting
their respective states.
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