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Topic: Can Spam Act of 2003

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CAN-SPAM Act of 2003 - Wikipedia, the free encyclopedia On February 1, 2005, a New York Times article suggested that the Can Spam Act had resulted in little to no effect on the flow of spam, and the amount of spam saturating the Internet had actually increased since the law went into effect. A host of other common spamming practices can make a CAN-SPAM violation an "aggravated offense," including harvesting, dictionary attacks, Internet protocol spoofing, hijacking computers through Trojan horses or worms, or using open mail relays for the purpose of sending spam. Internet activists who work to stop spam stated that the Act would not prevent any spam — in fact, it appeared to give Federal approval to the practice, and it was feared that spam would increase as a result of the law. en.wikipedia.org /wiki/CAN-SPAM   (1036 words)

How's Your Spam Today? Only months into the life of the Can Spam Act, officially known as the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003," the verdict is still out whether the federal statute is accomplishing what its proponents had hoped. The Can Spam Act also requires that email advertisements and solicitations identify themselves as such, and allows the FTC to adopt rules that contain more specific requirements requiring the labeling of emails as advertising. It appears that the main impact of the Can Spam Act will only be felt through state attorney general actions, FTC criminal and civil actions and ISP suits. library.findlaw.com /2004/Apr/8/133375.html   (795 words)

The CAN SPAM Act Of 2003 It is also supported by the Administration: In its September 11, 2003 views letter regarding the CAN SPAM Act, the Administration advocated the addition to CAN SPAM of felony triggers similar to those proposed in the Criminal Spam Act. Statement Of Senator Patrick Leahy On The Hatch-Leahy Amendment And The CAN SPAM Act Of 2003 October 22, 2003 I look forward to continuing to work with the sponsors of the CAN SPAM Act on these issues as the bill proceeds to conference. leahy.senate.gov /press/200310/102203g.html   (2771 words)

Spam Legislation: 2003 The federal CAN-SPAM Act of 2003 was signed by the President on 12/16/2003 and takes effect January 1, 2004. Allows a recipient of spam to recover from the sender, in lieu of actual damages, an amount equal to either ten dollars for each commercial message transmitted in violation of this bill or $25,000 per day for each day the violation occurs, whichever is less. The act prohibits fraudulent and deceptive commercial e-mail messages and requires senders to include information allowing recipients to opt-out of receiving further messages. www.ncsl.org /programs/lis/legislation/spam03.htm   (4105 words)

ASMTP and the Can-Spam Act Ralsky established the precedent that a lawsuit can be brought where the spam lands, i.e., in the recipient's state, regardless of where the spam originated [source: Jon Praed, Internet Law Group, in talk at MIT Spam Conference, January 2003]. The Can-Spam Act is unlikely to deter overseas spammers. Perhaps it is the cost of such technology, But most spam filtering solutions, including ESCOM's ASMTP product, are competitive when you factor in the cost of dealing with spam. www.escom.com /spamlaw.html   (3450 words)

Issue 53 - CAN SPAM Act of 2003 When January 1, 2004 rolled around, it finally hit many advertisers that the CAN SPAM Act of 2003 is for real and is now in effect (see sidebar for a summary of the CAN SPAM Act of 2003). The CAN SPAM Act of 2003, effective January 1, 2004, contains a number of provisions. Many of the act's requirements are aimed at preventing spammers and junk emailers from sending out unwanted email since the act's requirements are based upon the tricks spammers use to deliver their email campaigns. www.cashflowmarketing.com /newsletter/53.shtml   (1173 words)

The Can-Spam Act of 2003 THE CAN-SPAM ACT OF The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”) became effective on January 1, 2004. Pending issuance of these regulations, we believe that emails that are not plainly advertisements or promotions of a product or service, but are more in the nature of informational or educational material will not violate the CAN-SPAM Act. Although the CAN-SPAM Act is intended to stop email abuses, legitimate email users will need to pay close attention in order to not inadvertently violate the law. www.nsslaw.com /022304.htm   (509 words)

Morrison & Foerster : Legal Updates & News : Legal Updates : Understanding the CAN-SPAM Act of 2003 The CAN SPAM Act casts a wide net over any and all attempts to conceal the origins of email ads or the identities of their senders. In view of the Act's complexity and ambiguities, activities that we may not intuitively regard as "spamming," and actions that may seem merely ancillary to the CEMM process, may fall within the prohibitions of the Act. The Act's preemption of specific state anti-spam laws is very useful, but companies should not be overly sanguine about its effects on state laws that may apply less specifically to CEMMs. www.mofo.com /news/updates/files/update1136.html   (4897 words)

The CAN-SPAM Act: Requirements for Commercial Emailers 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. See the FTC Web site at www.ftc.gov/spam for updates on implementation of the CAN-SPAM Act. The FTC will issue additional rules under the CAN-SPAM Act involving the required labeling of sexually explicit commercial email and the criteria for determining "the primary purpose" of a commercial email. www.ftc.gov /bcp/conline/pubs/buspubs/canspam.htm   (959 words)

DMA anti-spam effort really focused on phishing, not spam Along with a few of its more influential members like Microsoft and AOL, it virtually dictated the atrociously counterproductive Can Spam Act of 2003 to Congress, in large part to pre-empt much stronger state anti-spam laws. And you can bet that if and when Operation Slam Spam actually does start reeling in some phishing scam artists, it will be the fraud, computer hacking, and identity theft laws that matter in prosecuting them -- not Can Spam. Now, most of the publicity that Operation Slam Spam has garnered so far suggests that the DMA's money is earmarked primarily for bringing the perpetrators of phishing scams to justice. www.newstarget.com /001840.html   (550 words)

The Can-Spam Act Toolkit The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (The Can-Spam Act) is essentially an act to "regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet". The Can-Spam Act of 2003 - A Management Presentation This of course can be used to learn from, and/or as the basis for your own presentation within your own organization or business. www.can-spam-act.com   (290 words)

Can Spam Act of 2003 - a Whatis.com definition - see also: S. 877, Can Spam The Can Spam Act of 2003 is a commonly used name for the United States Federal law more formally known as S. 877 or the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003." The law took effect on January 1, 2004. Can Spam Act of 2003 - a Whatis.com definition - see also: S. 877, Can Spam Critics of the Can Spam Act warn it will be next to impossible to enforce the legislation because spam is an international problem and the US government will not be able to impose punishment on law-breakers outside its own jurisdiction. searchcrm.techtarget.com /sDefinition/0,,sid11_gci948840,00.html?...   (391 words)

LeapLaw's Ledger - CAN SPAM ACT of 2003 Effective January 1, 2004, the CAN-SPAM ACT of 2003 (a/k/a "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003") (the "Act") supersedes existing anti-spam laws in thirty-six states. CAN-SPAM ACT of 2003 represents an attempt to control spam and alter the ways in which businesses conduct e-mail marketing practices. The Act applies to U.S. businesses who send commercial e-mail and is defined in the Act 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 web site operated for a commercial purpose)." (section 3(2)(A)). www.leaplaw.com /newsletters/January2004.htm   (661 words)

Interland Survey Finds Majority of Small Business Owners Unsure How the CAN-SPAM Act Affects Their Business The CAN-SPAM Act of 2003 is the nation's first federal legislation regulating spam. Interland Survey Finds Majority of Small Business Owners Unsure How the CAN-SPAM Act Affects Their Business According to the survey, which was conducted in February among small businesses already online, the majority (62 percent) have either not heard of CAN-SPAM or are unaware of how the Act affects their business. www.hostapproval.com /press_releases/791.html   (704 words)

Can Spam Act To upload a PDF copy of the Can Spam Act of 2003 as prepared by the United States Government Printing Office use this. This Act may be cited as the `Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the `CAN-SPAM Act of 2003'. To read the online copy of the CAN Spam Act of 2003 as published by the United States Library of Congress use this. www.learnsteps4profit.com /antispamus.html   (5805 words)

PCWorld.com - Spam Wars Get Serious The RID-Spam Act of 2003 (HR 2214) would require e-mail mass-marketers to label their messages as marketing and use valid return addresses. Her proposal, the Restrict and Eliminate Delivery of Unsolicited Commercial E-mail (REDUCE) Spam Act (HR 1933), also requires marketing e-mail to be tagged as advertisements. The Wireless Telephone Spam Protection Act (HR 122) would amend the Communications Act of 1934. www.pcworld.com /news/article/0,aid,110966,00.asp   (677 words)

Spamhaus Position on CAN-SPAM Act of 2003 (S.877 / HR 2214) CAN-SPAM Act of 2003 (S.877/HR 2214) attempts to regulate rather than ban the practice of spamming. As an international organization, but one which is based in the United Kingdom where the sending of Unsolicited Bulk Email is now illegal, Spamhaus sees the introduction of the CAN-SPAM Act of 2003 (S.877/HR 2214) as a serious failure of the United States government to understand the Spam problem. By requiring that American citizens read through and respond to every spam to 'opt-out' of ever-more mailings they did not opt-in to, we also believe that millions will find their addresses sold on as "people who read spams" and will find themselves endlessly on yet more lists. www.spamhaus.org /position/CAN-SPAM_Act_2003.html   (563 words)

Congress Sends Can Spam Act to White House The U.S. House of Representatives approved Congress' final version of the Can Spam Act of 2003 Monday, sending the landmark anti-spam legislation to the White House for President Bush's promised signature. As currently drafted, the Can Spam Act requires UCE to carry information identifying it as an advertisement or solicitation but does not mandate any specific language. The FTC is required to report back to Congress within two years on the effectiveness of the Act and the need, if any, for modifications. www.internetnews.com /IAR/article.php/3286751   (646 words)

Why the Can Spam Act of 2003 (S. 877) Blows Chunks Why the Can Spam Act of 2003 (S. 877) Blows Chunks The legislation defines spam as unsolicited mail, the "primary purpose of which is the commercial advertisement or promotion of a commercial product or service." I've already started to receive spam that claims it was not sent primarily for a commercial purpose and is therefore immune to regulation under the Can of Spam Act. Under this language, spammers can make you wade through 25 pages of popup advertisements to find a working opt-out link for one particular subdivision of their BIZ. www.angelfire.com /blues2/blowschunks/index.html   (1048 words)

CAN-SPAM Act of 2003 Should you have any questions regarding the “CAN SPAM Act of 2003” you should consult an attorney. However, bear in mind that although the CAN-SPAM Act may be silent on this, the FTC Act and/or various state laws regarding unfair or deceptive practices still apply Although the CAN-SPAM Act does not require you to have privacy policy, the FTC Act would generally require those who have a privacy policy to adhere to it www.patrontechnology.com /can-spamactof2003.htm   (1937 words)

Understanding the CAN-SPAM Act of 2003: Requirements for email marketers Download our free PDF summary, "Understanding the CAN-SPAM Act of 2003." Included are best-practice recommendations, as well as a detailed Deployment Checklist to use prior to each email campaign. This free summary is meant to help legitimate businesses and organizations understand the federal “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (also known as the CAN-SPAM Act, which takes effect January 1, 2004). I want help understanding the CAN-SPAM Act of 2003. www.customerparadigm.com /can-spam   (392 words)

FTC Announces CAN-SPAM Act Rulemaking, 3/11/04. The Congress passed S 877, the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003", also known as the "CAN-SPAM Act of 2003", late last year. Subsection 13(a) of the CAN-SPAM Act provides that "The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Section 11(2) of the Act requires the FTC to write a report setting forth a plan for requiring commercial e-mail to be identifiable from its subject line. www.techlawjournal.com /topstories/2004/20040311.asp   (550 words)

CAN-SPAM Act of 2003 The CAN-SPAM Act of 2003 affects all businesses in the US that are using email to promote products and services. To learn more details about the CAN-SPAM Act of 2003 visit www.spamlaw.com. Please review carefully the information listed below regarding the CAN-SPAM Act of 2003, a new federal law covering the commercial email messages and how it may affect you. www.emailexpressdirect.com /infoemxdir/canSpam.html   (617 words)

13WHAM-TV Rochester - Understanding the CAN-SPAM Act Anyone planning on sending a promotional email about the sender’s products or services, needs to be mindful of the newly enacted federal anti-spamming law, “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003,” also known as the “CAN-SPAM Act of 2003,” which went into effect January 1, 2003. The CAN-SPAM Act has been criticized by many who view the statute as a means of legalizing spamming since, under the new law, anyone can send an unwanted commercial message at least once to an unlimited number of recipients. The CAN-SPAM Act takes an opt-out approach, meaning that the sender of an email must notify the recipient of his or her ability to request not to receive further communications from the sender. www.rochestertoday.com /guides/legal/story.aspx?content_id=81DAA498-CA9B-49E3-AA92-8C9628C94976   (513 words)

Spam:Federal CAN-SPAM Act If you would like to file a complaint under the CAN-SPAM Act, the FTC accepts spam complaints at spam@uce.gov. The FTC also provides more detailed information about spam issues and the CAN-SPAM law on the FTC website. the viability of reward system for those who report unlawful spamming. www.atg.wa.gov /junkemail/feds.shtml   (240 words)

Frequently Asked Questions about antispam legislation; the CAN-SPAM Act of 2003 Since the CAN-SPAM Act does not allow anti-spam lawsuits to be filed by private individuals, we are confident that organizations that follow ethical mailing practices such as double opt-in will eliminate inadvertent or mistaken subscriptions, and thereby reduce the likelihood of complaints. While the CAN-SPAM Act only speaks to complying with opt-out requests, we believe that opt-in is a very credible way of demonstrating "affirmative consent" between you and your list members. Since the CAN-SPAM Act supersedes any and all State-level email laws, it will be much easier for you to keep up to date on this matter. www.lyris.com /CAN-SPAM/?s=sdbr   (2006 words)

Policy Issues, Can Spam, Unwanted Commercial Electronic Mail The Commission began this rulemaking process as directed by Congress in the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act). The Commission's Order Establishing Rules Implementing the CAN-SPAM Act of 2003 Published in the Federal Register Specifically, section 14 of the CAN-SPAM Act requires the Commission to develop rules to protect consumers from “unwanted mobile service commercial messages.” www.fcc.gov /cgb/policy/canspam.html   (299 words)

CAN-SPAM Act The CAN-SPAM Act is a new anti-spam law that sets national standards for the sending of commercial e-mail and requires the Federal Trade Commission (FTC) to enforce its provisions. The bill's full name is the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003." The bill includes many other provisions, such as the formation of a national do-not-spam list, and the prohibition of certain email address collection methods. www.tech-encyclopedia.com /term/can-spam_act   (178 words)

can spam act of 2003 Resources The CAN-SPAM Act of 2003, signed into law by President Bush on December 16, 2003, establishes the... The CAN-SPAM Act of 2003 (Controlling the Assault of Non.....agency, is authorized to enforce the CAN-SPAM Act. Pornography and Marketing Act of 2003 (CAN-SPAM Act), which establishes a framework of administrative,... www.spamcontrolcenter.com /can-spam-act-of-2003.html   (435 words)

PCWorld.com - Is the CAN-SPAM Law Working? The national spam law alone won't cut the amount of spam being sent, but enforcement could have an impact, with multimillion dollar fines and jail terms allowed in CAN-SPAM for some spamming activities, says Avner Amram, executive vice president at Commtouch. MX Logic, which provides spam and virus filtering services, looked at 1000 randomly selected pieces of spam received during the first seven days of January and found only three that complied with CAN-SPAM requirements that the e-mail include a working opt-out option and a valid postal address. In cases where the spam includes a physical address, it may be the address of a bulk e-mail company and not the actual company marketing the product, Chasin says. www.pcworld.com /news/article/0,aid,114287,00.asp   (722 words)

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