he Can Spam Act was passed Sending mass advertising is
in 2003 and was one of the permitted as long as the
first laws to control spam. information is not false or
There is much controversy misleading and doesn’t involve
surrounding this law; many people any illegality.
believe it is a victory for
e-mail users who are worried The agencies with the
about risky spam, and others feel jurisdiction to enforce the Can
that it is a green light to Spam Act are the FTC (Federal
certain spammers who want to Trade Commission) and the DOJ
foist aggressive advertisments on (Department of Justice). These
consumers. agencies can enforce criminal
sanctions against those who
The law is quite strict about violate this law. Federal and
illegal activities, but seems to State agencies can also serve as
allow loopholes for regular watchdogs and to take care of
commercial business whose spam spam problems.
many e-mail users also find
annoying. Still others greet the Under the Can Spam Act,
law as a first step in bringing businesses are not allowed to use
the battle against spam into the misleading information in their
public sphere. headers, and cannot use false
headers as “hooks” to lure
The Can Spam Act stands for someone to open an e-mail that
Controlling Assault of contains information that is
Non-Solicited Pornography and different from that suggested by
Marketing Act. Those who must the header. The e-mail must give
follow this law are all those who the recipient the opportunity to
send commercial e-mail that state that he or she does not
promotes a service or product. want to receive any more e-mail
promotions from that company. Many spammers who simply promote
their business with mass,
Once the recipient has ordered unsolicited e-mails, but do not
the sender to stop sending create spam zombies or engage in
e-mails, the sender is given 10 illegal activities, applauded the
business days to cease from law as a legitimization of their
sending e-mails to that person. business practices.
Under the Can Spam Act, it is
illegal to sell e-mail addresses Many Californians who wanted to
to others. make all spamming illegal in
their state were disappointed by
Activities that are strictly the laws’ leniency regarded
prohibited under the Can Spam Act unsolicited marketing. However,
include: using other computers as even those who were disappointed
spam zombies, selling e-mail saw it as a first step toward
addresses from those who do not spam regulation.
want to be contacted, labeling
sexually explicit material as Some wonder about the
something else with a deceptive effectiveness of the Can Spam
header or subject line, and Act, and indeed, about the
harvesting the net for private viability of attempting to
information about individuals, regulate the net at all. Many
including e-mails. These people receive so many spam
activities can lead to a $11,000 e-mails that they do not have the
fine or jail time. energy to report every case that
appears.
Many people were heartened by
this law, while others were Similarly, agencies are usually
disappointed. The reactions were swamped with complaints, and can
often opposite of those expected. only deal with the most serious
cases. Therefore, some believe annoying ones. So, at least for
that this is the reason the law now, it looks like spamming is
only deals with dangerous here to stay.
spammers rather than with
About the Author:
Author - Matt Garrett © 2006 www.Free-Spam-Blockers.Com
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Matt Garrett
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