CAN-SPAM

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.

The law covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A "transactional or relationship message" – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.


What the Law Requires

Here's a rundown of the law's main provisions:

• It bans false or misleading header information. Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.

• It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

• It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.

• Any opt-out mechanism must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.

• It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address.
  

Since 2005, the CAN-SPAM Act (Controlling the Assault on Non-Solicited Pornography and Marketing) has prohibited commercial e-mail and text messages to be sent to cell phones without "express prior authorization." Unfortunately, the law leaves commercial entities lots of loopholes. For example, it doesn't prevent your carrier or its partners from sending you upgrade offers or account notices. Also, non-commercial organizations such as charities and political campaigns can shoot you all the messages they want on your dime.