WHAT IS “CAN-SPAM” ?

CAN-SPAM defines a “commercial electronic mail message” as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).” Transaction-related or relationship messages are excluded.

CAN-SPAM regulates sending behavior regarding commercial emails. A message cannot be sent through an open relay or to a harvested email address. Messages cannot be sent with a false header. Authentication is also required, as the FTC concluded that the lack of authentication would undermine the list and it could raise security concerns.

CAN-SPAM supersedes any statute, regulation or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.

CAN-SPAM provides a limited private right of action to Internet access services that have been adversely affected by the receipt of emails that violate the Act.