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CAN SPAM Act Not Up To Snuff
I'm sure by now you've noticed the difference. Your in-boxes are no longer cluttered with e-mails telling them about inexpensive sources for Viagra, Vicodin or Valium. Since the beginning of the year, you haven't seen an e-mail about online gambling, pornography or fabulous real estate deals. In short, in-boxes are now spam-free.
If this seems like a pipe dream, that's because it is. Unfortunately, the reality of living with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN SPAM Act) is quite different. While the Act only went into effect at the beginning of 2004, many are already suggesting that it may be time to can it.
One of the fundamental flaws of the act is the limitation on who has the ability to enforce the new law. While the Federal Trade Commission has the primary responsibility for enforcing it, state attorneys general and Internet service providers also have standing to seek remedies for spammers who violate the law. Private individuals, however, have no standing to pursue claims based on violations of the new law.
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