President Bush Signs CAN-SPAM Act into Law (2003)
On December 16, 2003, President George W. Bush signed into law the CAN-SPAM Act of 2003 (15 U.S.C. 7701, Public Law No. 108-187). The acronym CAN-SPAM stands for law’s full name “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.”
The CAN-SPAM Act originated by those interested in controlling email spammers, i.e. those who send unsolicited email to others. The Act became the first national law to monitor commercial e-mail and requires the Federal Trade Commission (FTC) to enforce its provisions.
The CAN-SPAM Act was met with mixed reviews. Some saw it as a first step in the right direction toward cleaning up the use of spam, while critics said it did nothing to combat spam and even protected certain aspects of using spam. Critics quickly dubbed the new Act as the “You Can Spam" Act.
While there continues to be debate on the effectiveness of the Act, it does set some standards. For example, the CAN-SPAM Act does the following:
• Requires most emails to include a post mailing address in the message
• Provides an opt-out system that makes it easy for recipients to unsubscribe to future emails
• Prohibits fraudulent or deceptive subject lines, return addresses, and headers
• Prohibits sending sexual natured e-mails without clear headings or markings
• Provides civil and criminal penalties and gives the FTC, state Attorney Generals, and Internet service providers the ability to enforce its laws
• Holds those who send the spam – and even those who outsource the use of spam – accountable for any illegal actions
Perhaps the most direct and noticeable regulation is that recipients of spam can opt-out of spam email by unsubscribing from the email sender. If a recipient opts-out, the spammer must stop sending e-mails or face severe penalties under the Act.