CANSPAM

CAN-SPAM, short for the Controlling the Assault of Non-Solicited Pornography And Marketing Act, is a United States federal law enacted in 2003 to regulate commercial email. The act sets rules for how commercial messages may be sent, defines penalties for violations, and authorizes enforcement by the Federal Trade Commission (FTC) and other authorities. It aims to curb unsolicited email while allowing legitimate business communications.

A key concept is the distinction between commercial messages and transactional or relationship messages. A "commercial electronic mail message" is one whose primary purpose is to advertise or offer goods or services. Messages that primarily convey information about a transaction or relationship may be exempt if not primarily promotional.

CAN-SPAM requires that commercial emails meet certain standards: the email must not be deceptive or misleading in its subject line or headers; it must clearly identify itself as an advertisement or offer; it must include the sender's valid physical postal address; it must provide a clear and conspicuous opt-out mechanism; opt-out requests must be honored within 10 business days; and it may not use harvesting of emails or other deceptive methods to obtain addresses, nor may it sell or transfer mailing lists of recipients who have opted out.

Enforcement and impact: The FTC enforces the law, with additional enforcement authority for state attorneys general and criminal penalties in specific cases. The Act preempts conflicting state statutes to the extent they regulate commercial email, while allowing room for state consumer-protection laws. CAN-SPAM does not require prior recipient consent; rather it governs the manner and content of commercial messages.