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CANSPAM

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CAN-SPAM Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

For information of our CANSPAM Compliance Services, please contact us.

Background:

CAN-SPAM Act of 2003 (S. 877) - Anti-SPAM Federal Statute

The Controlling the Assault of Non-Solicited Pornography and Marketing Act requires unsolicited commercial e-mail messages to be labeled (allowing industry to determine the exact method) and to require included opt-out instructions and the sender's true identity and physical address. It prohibits the use of pretext or deceptive subject lines and false headers in such messages.

The FTC is authorized to establish a "do-not-email" registry. State laws that require labels on unsolicited commercial e-mail or prohibit such messages entirely are pre-empted, although State statute provisions limited or focused on addressing pretexting, falsity, fraud, and/or deception would remain unpreempted. The CAN-SPAM Act became effective on January 1, 2004.  Additionally, using its Rule-Making powers, the FTC can enact additional declarative rules to further refine aspects of implementation for this Act.  Of special note, is that coupled with the FTC's jurisdiction and authority over GLBA, we believe GLBA could also be applied to SPAM in creative ways to expand criminal and financial sanctions.

History:  The CAN-SPAM Act of 2003 was introduced into the U.S. Senate by Senators Conrad R. Burns (R-MT) and Ron Wyden (D-OR) in April 2003, it was based upon three previous bill, one with minor changes from the previous year's version, S. 630 (2002), and two others (S. 1231 and S. 1293) that were merged into it. The final bill version was passed by the Senate in November 2003 and by the House in December 2003, and signed into law by President George W. Bush on December 16, 2003.


 You may not know, but:

Do you send or receive spam relating to financial products, such as securities or mortgages?  Then this may be a trigger for GLBA enforcement!  If you can understand why, let us explain it.

Do you send or receive spam relating to healthcare or health insurance products?  Then this may be a trigger for HIPAA enforcement!  If you can understand why, let us explain it.

For the full text of the CAN-SPAM ACT click here

Please contact us for more information about how we can help you comply with the complex and confusing Act.

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More CANSPAM Resources:

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