The CAN-SPAM Act of 2003 was signed into law on December 16, 2003. It is the first national standard for the sending of commercial e-mail and requires the Federal Trade Commission (FTC) to enforce its provisions. The acronym CAN-SPAM derives from the bill’s full name “Controlling the Assault of Non-Solicited Pornography and Marketing Act” of 2003. The law covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a website. An email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship, may not contain false or misleading information, but is otherwise exempt from most provisions of the CAN-SPAM act.

10 things every marketer should know about CAN-SPAM:

1. CAN-SPAM applies only to commercial email.

2. CAN-SPAM can apply to email sent out by your affiliates on your behalf.

3. CAN-SPAM will not apply to email sent out by your affiliates on your behalf unless you know or should know, that the email is being sent in violation of CAN-SPAM and you stand to gain from it financially and you do not try to stop it.

4. CAN-SPAM applies to email for which the primary purpose is to feature your goods, services or content, even if you do not send the email yourself.

5. CAN-SPAM does not apply to third-party advertisers who advertise in your mailing.

6. CAN-SPAM does not require that you use confirmed opt-in for your mailings, however, it is one of the best defenses against accusation of a violation.

7. CAN_SPAM does not require ISPs to accept email which is CAN-SPAM compliant. ISPs are specifically exempt from claims that they must accept email if it complies with CAN-SPAM.

8. CAN-SPAM requires that all information in your email headers and body be true, accurate and not misleading.

9. CAN-SPAM requires you to honor those opt-out requests and to immediately cease sharing the user’s address even with previously agreed-to partners.

10. CAN-SPAM requires you to provide a fully-functioning means of return Internet based communication for the purpose of the recipient opting-out of your mailing. You have 10 day to complete the opt-out request.

References: www.ftc.gov/spam, www.ftc.gov, www.wikipedia.org