What is the CAN-SPAM Act of 2003?
The Controlling the Assault of Non-Solicited Pornography and Marketing (i.e.,CAN-SPAM) Act of 2003 (15 U.S.C. 7701), effective January 1, 2004, establishes the United States’ first national standards for the sending of commercial e-mail and requires the Federal Trade Commission (FTC) to enforce its provisions. CAN-SPAM defines spam as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).” The bill permits e-mail marketers to send unsolicited commercial e-mail as long as it contains all of the following: • an opt-out mechanism; • a valid subject line and header (routing) information; and • the legitimate physical address of the mailer. • a label if the content is adult If a user opts out, a sender has ten days to remove the address. The legislation also prohibits the sale or other transfer of an e-mail address after an opt-out
