CAN-SPAM at 5
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The document summarizes the CAN-SPAM Act of 2003, which establishes the national standards for commercial email. It prohibits fraudulent and deceptive email practices, requires the labeling of adult content, and includes provisions for an opt-out mechanism. The document also discusses related issues like preemption of state laws, plaintiffs under the Act, and liability for advertisers.
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CAN-SPAM at 5
- 2. In the Beginning . . .
- 4. 84 Days Later C ontrolling the A ssault of N on- S olicited P ornography A nd M arketing Act Public Law 108-187
- 6. CAN-SPAM Principal Requirements From line must identify initiator Subject line must not be deceptive. Adult Messages must provide notice. Postal Address for Advertiser Requires Working Opt-Out Mechanism for Advertiser UCE must be identified as “advertisement ”
- 15. Subliminal Message #2 Golf is boring. Let’s talk about spam .
- 19. Lessons from the Beehive State Liabilities Exceed Income 2-1
- 25. Bennet Kelley Bennet Kelley is founder of the Internet Law Center in Santa Monica where he helps clients navigate the challenges of the digital economy. He has been active in many of the hottest Internet issues over the past decade including cyber squatting, internet marketing and promotions, online gambling, net neutrality, privacy and spam. Bennet will be Vice-Chair of the California State Bar's Cyberspace Committee and is a regular contributor to the Journal of Internet Law . Bennet worked in-house with companies such as ETM Entertainment Network, SpeedyClick.com and ValueClick prior to launching the Internet Law Center. The Internet Law Center’s newsletter, Monday Memo , recently was named one of the top 100 Internet Law resources. . Contact: Internet Law Center 100 Wilshire Blvd, Suite 950 Santa Monica, CA 90401 310-452-0401 [email_address] www.InternetLawCenter.net
Notas del editor
- It’s a great movie, right from the opening when Meryl Streep says, “I got a spam from Africa.” What did you expect from someone from LA. We’re going to go over developments in CAN-SPAM now it has reached the mature age of 5. To understand CAN-SPAM, you helps to know some basics about its history and what it does and does not do. So let’s start at the beginning.
- OK – not that beginning.
- Yes – California 2003. The twilight of the Davis years. California passed a bill that would have shut down all email marketing in the US since it did not only require consent to receive the email It required consent for the ad itself. The act was based on a fundamental misunderstanding of how the market worked.
- WHILE THE ACT AND THE FTC DETAIL WHAT CONSTITUTES WHEN AN EMAIL TRIGGERS THE PRIMARY PURPOSE RULE, THE EASIEST THING TO DO IS TO ASSUME CAN-SPAM APPLIES BECAUSE ITS REQUIREMENTS ARE SIMPLE DON’T BE DECEPTIVE IN YOUR SUBJECT LINES OR HEADERS HAVE A WORKING OPT-OUT METHOD IRONICALLY ENOUGH, THE ADVERTISER IS REQUIRED TO HAVE AN OPT-OUT LINK, BUT NOT THE MARKETER – ALTHOUGH THIS IS COMMON PRACTICE TO INCLUDE BOTH.
- CAN-SPAM PREEMPTS STATE LAWS THAT REGULATE COMMERCIAL EMAIL EXCEPT (1) STATE LAWS REGULATING EMAIL TO THE EXTENT IT PROHIBITS FALSITY AND DECEPTION (2) COMMON LAW CLAIMS (3) COMPUTER CRIMES