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Can Spam Legislation

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Can Spam Act

Spam was originally the name of a canned meat product produced by Hormel. The name (as applied to unwanted email) comes from the Monty Python spam sketch. The word "spam" is repeated over and over until it drowns out the rest of the dialog.

After World War II, when Britain was struggling to rebuild its economy and agriculture, the country was forced to import large quantities of canned meat. Spam became shorthand for cheap, imported low-grade food products, with "mystery" ingredients.

In the 1980s the word was adopted to describe abusive online bulletin board users who would repeat "spam" over and over again and flood forums with quotes from the sketch. At the time, connections were slow, so a large quote or picture took a long time to load, and used lots of bandwidth and made it difficult or impossible for anyone else to use the forums. (Wikipedia)

Photo: dok

Email Marketing Laws

The original law, signed in 2003, was called: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (or CAN-SPAM. The legislation was later modified in 2008.

The act regulates commercial email messages, which is an email message meant primarily to promote or advertise a product or service. It can be e-books, jeans, flowers, anything.

Transactional messages (such as confirming your order, or acknowledging receipt of an email) are exempt, as are emails to existing customers (unless they opt-out - or specifically say, "no more!" "stop").

Email Laws and Regulations

Can Spam compliance is really more about opt-out than opt-in.

It does not require opt-in (explicit permission to send emails). In fact, before CAN-SPAM, many marketers (at least the reputable ones) worked very hard to get permission before sending emails.

There was a raging debate (still is) over whether single opt-in (sign up and you're on the list) or double opt-in (a two-step process requiring that you first sign up and then confirm it) was required.

What the email law mostly does is focus on rules for opting-out (removing yourself from email lists).

Include a visible, working method to unsubscribe (opt-out).

Remove names from your list within 10 days of receiving the request.

Maintain an opt-out (suppression) list. In other words a "leave these people alone" list. Once people opt-out, you may not mail to them again (except to confirm the op-out), either directly or indirectly.

Accurate "from" lines (you can't conceal where the message came from, or "spoof" someone else).

Relevant subject lines (not deceptive).

A legitimate physical address (this can be a street address or a P.O. Box).

Clearly labelled adult content.

Do not send emails to email addresses harvested from a web site.

No fake headers (pretending to be someone you're not).

You cannot charge a fee or ask for any information other than an email address to process the opt-out request.

Opting out must be only one step - requiring only an email reply message or a visit to a single web page.

If more than one company is sending a message, one of them must take responsibility for complying with the rules..

The rules apply whether the sender is a single individual, a corporation, or several corporations or businesses.

Important Note!

This lens is intended to explain the background of the CAN-SPAM law and share tips on can spam rules. However, I am NOT a lawyer, and nothing here should be taken as legal advice.

Email Rights and Laws

What consumers should know about can-spam

If you get messages you don't want, the removal process must comply with these rules.

Opt-out (or asking to unsubscribe) should be free, they cannot charge you to remove your name from their list.

Easy removal - one step only, whether it's a click, a reply email or a visit to a single page on a web site.

It counts whether the message is direct or indirect. So, if you opt-out (unsubscribe) from messages from The Gap, and Gap shares its list or does a co-promotion with Banana Republic, they have to make sure you don't get that email unless you say otherwise.

You can state your preferences (removal from newsletter A, but not newsletter B).

Removal from the list within 10 days.

Why comply?

Penalties for violations start at $16,000 (US) per email message.

FTC CAN-SPAM Legislation

The text of the CAN-SPAM law and where to file a complaint

Get the rules straight from the people who wrote them.

Business Guide for Compliance: A guide from the FTC
Consumer Facts: Your rights as a consumer and how to file a complaint
The CAN-SPAM Act: Full text of the CAN-SPAM Law
Fax Marketing Rules: A guide on the rules about fax marketing

Monty Python Spam Skit

What is Spam?

Spam is in the eye of the beholder

Spam is Perception: Mine: Chris Brogan weighs in
Did you just sucker punch a customer?: How to make a bad impression!
Email Marketing Rant!: A few words about permission, email marketing, and email list building.
Legitmate Marketing Ideas from the Spam Folder: Yes, sometimes spammers can teach you something useful (who knew?)
Canadian Can Spam Laws (EiPEDA): A rundown on the Canadian version of email marketing rules.

More Online Marketing Tips

Fix Your Broken Marketing blog

Got a question? Ask away.

Reply

poddys Apr 8, 2011 @ 8:23 am | delete

Excellent information. I think a lot of the time people forget that spamming is against the law. Featured on my Funny Spam Comments lens and also lensrolled to it.

Reply

javrsmith Nov 24, 2010 @ 12:45 pm | delete

I heard of a proposal to charge all email $0.000001 or so. That would go a long way to can Spam!

Reply

Jodi_k Nov 24, 2010 @ 12:50 pm | delete

That proposal is an old urban legend. Sadly, the spammers wouldn't pay anyway, they'd hack in and we'd end up paying.