CAN-SPAM Act
| CAN-SPAM Act | |
|---|---|
| Short Title | Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 |
| Official Text | CAN-SPAM Act |
| Country/Jurisdiction | United States |
| State or Province | |
| Regulatory Bodies | |
| Date Enacted | 2003 |
| Scope of the Law | Individual, Group, Unincorporated Association, Limited or General Partnership, Corporation, or Other Business Entity |
| Information | |
| Taxonomy | Decisional Interference |
| Strategies | |
The purpose of the CAN-SPAM Act is to protect individuals from inappropriate electronic commercial messages. The Act precludes individuals from charging for opt-out the electronic commercial messages.
Text of the law
§316.4 Requirement to place warning labels on commercial electronic mail that contains sexually oriented material.
(a) Any person who initiates, to a protected computer, the transmission of a commercial electronic mail message that includes sexually oriented material must:
(1) Exclude sexually oriented materials from the subject heading for the electronic mail message and include in the subject heading the phrase “SEXUALLY-EXPLICIT: ” in capital letters as the first nineteen (19) characters at the beginning of the subject line;
The phrase “SEXUALLY-EXPLICIT” comprises 17 characters, including the dash between the two words. The colon and the space following the phrase are the 18th and 19th characters.
(2) Provide that the content of the message that is initially viewable by the recipient, when the message is opened by any recipient and absent any further actions by the recipient, include only the following information:
(i) The phrase “SEXUALLY-EXPLICIT: ” in a clear and conspicuous manner;
This phrase consists of nineteen (19) characters and is identical to the phrase required in 316.5(a)(1) of this Rule.
(ii) Clear and conspicuous identification that the message is an advertisement or solicitation;
(iii) Clear and conspicuous notice of the opportunity of a recipient to decline to receive further commercial electronic mail messages from the sender;
(iv) A functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed, that
(A) A recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and Decisional Interference
(B) Remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message;
(v) Clear and conspicuous display of a valid physical postal address of the sender; and
(vi) Any needed instructions on how to access, or activate a mechanism to access, the sexually oriented material, preceded by a clear and conspicuous statement that to avoid viewing the sexually oriented material, a recipient should delete the email message without following such instructions.
(b) Prior affirmative consent.
Paragraph (a) does not apply to the transmission of an electronic mail message if the recipient has given prior affirmative consent to receipt of the message.
§316.5 Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out. Decisional Interference
Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any information other than the recipient's electronic mail address and opt-out preferences, or take any other steps except sending a reply electronic mail message or visiting a single Internet Web page, in order to:
(a) Use a return electronic mail address or other Internet-based mechanism, required by 15 U.S.C. 7704(a)(3), to submit a request not to receive future commercial electronic mail messages from a sender; or
(b) Have such a request honored as required by 15 U.S.C. 7704(a)(3)(B) and (a)(4).
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