The law is intended for the email distributor sending unsolicited messages

The President recently signed the CAN-SPAM Act of 2003. This law is a positive step towards fighting spam while making it easier for legitimate email marketers to comply with anti-spam laws.

The law is intended for the email distributor sending unsolicited messages, using deceptive practices, or distribution of sexually orientated material, as the title suggests, Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

What You Need to Know about the Can-Spam Act

While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

Most e-mail list servers already comply with a number of features of the new law. We do however, highly recommend that you contact your provider, or your attorney for additional details on how to ensure you are in compliance with the new law.

Key points that will keep you out of trouble:

• Use a permission based list (opt-in), which means that you don’t have to comply with the unsolicited email requirements stated in the law.
  This law does not seem to impose any regulations on permission based email lists. Although, the concepts below are ideal for any type of email list.
• Falsifying Headers - “Do not use misleading email header information (Often used to make filtering spam difficult or to attempt to hide the senders identity)”
• Valid FROM Line Email – “Your email campaign’s “From” address should be verified and accurately identify you as the sender (In English, You can receive e-mail from the stated “From” address)”
• Subscription Removal Function - “Include the ability for your subscribers to opt-out of future emails, promotions, and/or eZines”
• Misleading Subjects and Material - “Make sure that your email campaign’s “Subject” line is straightforward, not misleading (Do not use catchy phrases just to increase the chances that your email is read)”
• Respect Remove Requests – “Any unsubscribe requests that come to you via a reply to your email must be honored within 10 days of the request”
• Alternate Contact Information – “The new law requires that all email campaigns include the sender’s physical address”
• Sexually explicit material – “Requirement to place warning labels on commercial electronic mail containing sexually oriented material”

Included in the federal law is an option for the FTC to institute a “Do Not Email List” and for the feasibility the list to be determined no later than September 2004. For many reasons, the solution that has worked so well for phone numbers does not work well for email addresses. The FTC recognizes these issues and will be cautious in the way they proceed.

More Information on the Can-Spam Act of 2003 and e-mail marketing practices

Read the federal law, If you have specific questions about your organization, we recommend that you contact your attorney. Click Here to download the attached printable PDF Version

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