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Living With CAN-SPAM

Living With CAN-SPAM. Michael Goodman Federal Trade Commission www.ftc.gov & www.ftc.gov/spam. Basics of the CAN-SPAM Act. Effective date: January 1, 2004 Creates civil and criminal violations Enforced by federal and state law enforcement and ISPs Directs FTC to write rules and reports.

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Living With CAN-SPAM

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  1. Living With CAN-SPAM Michael Goodman Federal Trade Commission www.ftc.gov & www.ftc.gov/spam

  2. Basics of the CAN-SPAM Act • Effective date: January 1, 2004 • Creates civil and criminal violations • Enforced by federal and state law enforcement and ISPs • Directs FTC to write rules and reports

  3. CAN-SPAM Act: Civil Violations • False or misleading header information • Deceptive subject lines • Failure to provide an opt-out method and honor opt-out requests • Failure to include: • Identification that the message is an advertisement • Sender’s valid physical postal address • Aggravated violations

  4. Primary Purpose Criteria • Commercial Only • Commercial Primary Purpose By Definition • Commercial + Transactional/Relationship • Subject line & Placement of content • Commercial + Other • Subject line & Recipient’s interpretation • Transactional/Relationship Only • Transactional/Relationship Primary Purpose By Definition

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