Transcript Living With CAN-SPAM Michael Goodman Federal Trade Commission &

Living With CAN-SPAM
Michael Goodman
Federal Trade Commission
www.ftc.gov & www.ftc.gov/spam
Basics of the CAN-SPAM Act
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Effective date: January 1, 2004
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Creates civil and criminal violations
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Enforced by federal and state law
enforcement and ISPs
Directs FTC to write rules and reports
CAN-SPAM Act: Civil Violations
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False or misleading header information
Deceptive subject lines
Failure to provide an opt-out method and
honor opt-out requests
Failure to include:
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Identification that the message is an
advertisement
Sender’s valid physical postal address
Aggravated violations
Primary Purpose Criteria
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Commercial Only
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Commercial + Transactional/Relationship
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Subject line & Placement of content
Commercial + Other
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Commercial Primary Purpose By Definition
Subject line & Recipient’s interpretation
Transactional/Relationship Only
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Transactional/Relationship Primary Purpose By
Definition