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FTC Revamps CAN-SPAM Rules ... Yum!

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)

Posted by Andrew on May 13, 2008 10:07 AM | Permalink


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