CAN SPAM Act: A Compliance Challenge A Detailed Look At What The New Act Means For e-Commerce; Marketers May Still Have A Say

In recent years, Congress has considered, but failed to adopt, dozens of proposals to control unsolicited commercial e-mail. Meanwhile, more than half the states passed laws banning specific forms of e-mail deception and requiring affirmative disclosures. California's much-discussed anti-spam law took the next step, prohibiting commercial e-mail sent without consumers' affirmative, opt-in, consent. This legislation, which was set to take effect Jan. 1, forced the e-mail marketing industry to lobby Congress for less restrictive, pre-emptive federal legislation. The result was the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or CAN-SPAM Act of 2003 (the Act), which President Bush signed Dec. 16, and took effect Jan. 1. The Act pre-empts state laws, except to the extent that they prohibit any e-mail message or attachment falsity or deception. This article provides a detailed look at the new federal Act ' including the possibility for e-mail marketers to continue shaping the law in upcoming rulemaking proceedings.

29 minute read January 01, 2004 at 01:17 PM

By

D. Reed Freeman JR.