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CAN-SPAM
Congress enacted a new law, entitled the
"Controlling the Assault of Non-Solicited
Pornography and Marketing Act of 2003" ("CAN-SPAM"),
which took effect on January 1, 2004. It imposes
limitations and penalties on the transmission of
unsolicited commercial e-mail via the Internet. The
Federal Trade Commission (FTC) and the states'
Attorneys General are responsible for enforcing most
of the provisions of the CAN-SPAM Act.
The CAN-SPAM Act has three provisions that
commercial e-mail senders must follow:
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Labeling -
Unsolicited e-mail must be clearly identified as
solicitations or advertisements for products and
services.
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Offering an
Opt-Out Option- Commercial e-mail senders
must provide easily-accessible, legitimate ways
for recipients to "opt-out" of receiving future
messages from them.
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Return Address
- Unsolicited e- mail must contain legitimate
return e-mail addresses, as well as the sender's
postal address.
However, if you've previously consented to receiving
unsolicited commercial e-mail, the CAN-SPAM Act has
two additional requirements:
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Commercial e-mail
senders must use honest subject lines.
Using misleading or bogus subject lines to trick
readers into opening messages is not allowed.
-
Commercial e-mail
senders must comply with the proposed "Do
Not E-Mail Registry." (According to the CAN-SPAM
Act, the FTC will submit a proposed plan to
Congress within six months for a "Do Not E-Mail"
list.)
Be aware that the CAN-SPAM Act does not make
non-fraudulent spam unlawful. It regulates it.
Many states have already enacted anti-spam
legislation. The CAN-SPAM Act is intended to
supersede - or replace - most state or local
anti-spam laws. (The exception is state laws that
are related to deceptive trade practices or
"computer crime." In these areas, state laws
supersede the Act.)
How Can You Reduce the Amount of Spam that You
Receive?
- NEVER respond to Spam, not even
to try to let them know that you do not want to receive anymore of their
e-mails. This just confirms that your e-mail address is a valid e-mail
address and will just result in receiving even more Spam.
- Log onto
Direct Marketing Association. It's
a free service, designed to cut down on the amount of unsolicited
commercial e-mail consumers receive in their e-mail in-boxes.
- Use the Block Sender and Message Rules
features on your mail program to aid in reducing Spam.
- Use I-Mail message processing rules (Change
Processing Rules). I-Mail allows you to choose to delete the e-mail
from the server so you never see the e-mail in question (versus forwarded
to your deleted folder as outlook express does). You can use I-Mail to
filter incoming e-mail using words, phrases, e-mail addresses, domain
names, subjects, etc. Contact Tech
Support or use the I-mail help feature if you need more information.
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Don't display your
e-mail address in public. This includes newsgroups, chat rooms,
Websites, or in an online membership service's directory.
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Check the privacy
policy when submitting your e-mail address to any Website. Find out if
the policy allows the company to sell your e-mail address.
-
Before you transmit
personal information through a Website, make sure you read through and
understand the entire form. Some Websites allow you to opt out of
receiving e-mail from their partners - but you may have to uncheck a
preselected box if you want to do so.
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You may want to use
two e-mail addresses - one for personal messages and one for newsgroups
and chat rooms. Also consider using a disposable e-mail address service
that creates a separate e-mail address that forwards messages to your
permanent account. If one of the disposable addresses starts to receive
spam, you can turn it off without affecting your permanent address.
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Try using a unique
e-mail address. Your choice of e-mail addresses may affect the amount of
spam that you receive. A common name like "mjones" may get more spam
that a more unique name like da110x110. Of course it's harder to
remember an unusual e-mail address.
What Should You Do If You Receive Unsolicited or
Deceptive E-Mail?
Report it to the FTC. Send a copy of unwanted or
deceptive messages to
uce@ftc.gov. To file a complaint or to get free
information on consumer issues, visit
www.ftc.gov or call toll-free, 1-877-FTC-HELP
(1-877-382-4357) voice; or 1-866-653-4261 TTY. |