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The CAN-SPAM Act of 2003 establishes requirements for those who send commercial email, spells out penalties for spammers and companies.
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A 'transactional or relationship message' - email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship - may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act. The Federal Trade Commission (FTC), the nation's consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.
Here's a rundown of the law's main provisions: • A ban on false or misleading header information. Your email's 'From,' 'To,' and routing information (including the originating domain name and email address) must be accurate and identify the person who initiated the email. • Prohibition of deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message. • The requirement that your email provides recipients with an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a 'menu' of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law. • The requirement that commercial email be identified as an advertisement. The sender's valid physical postal address must be included. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you.
Each violation of the above provisions is subject to fines of up to U$ S11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising. Additional fines are provided for commercial emailers who not only violate the rules described above, but also: • 'harvest' email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email • Relay emails through a computer or network without permission - for example, by taking advantage of open relays or open proxies without authorization. The law allows the DOJ to seek criminal penalties, including imprisonment, for commercial emailers who do or conspire to: • Use another computer without authorization and send commercial email from or through it • Use a computer to relay or retransmit multiple commercial email messages to deceive or mislead recipients or an Internet access service about the origin of the message • Falsify header information in multiple email messages and initiate the transmission of such messages • Register for multiple email accounts or domain names using information that falsifies the identity of the actual registrant • Falsely represent themselves as owners of multiple Internet Protocol addresses that are used to send commercial email messages. This information can be found here.
Actualizado el 13 de septiembre de 2018