Friday, February 10, 2012

FTC Revamps CAN-SPAM Rules ... Yum!

May 13, 2008

The FTC on Monday approved four new rule provisions under the CAN-SPAM Act, a 2004 mandate that set requirements for those who send commercial e-mail and spelled out penalties for inbox outlaws. The changes are intended to clarify the statute's requirements in an age of sophisticated cyber-scams.

Four topics are addressed in the new rule provisions:

(1) An e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page to opt out of receiving future e-mail from a sender.

(2) The definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single e-mail message is responsible for complying with the act’s opt-out requirements.

(3) A “sender” of commercial e-mail can include an accurately-registered post office box or private mailbox established under U.S. Postal Service regulations to satisfy the act’s requirement that a commercial e-mail display a “valid physical postal address.”

(4) A definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.

In addition, the FTC's statement of basis and purpose accompanying the final rule addresses a number of topics that are not the subject of any new rule provisions. Click here to read the full press release with more details.

(Spam Photo Credit: Benny Yap via Flickr)

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.