CAN-SPAM
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
- I. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM)
- Ch. I — CAN-SPAM Act
- Art. 7701. Congressional findings and policy (2)
- Art. 7702. Definitions (2)
- Art. 7703. Prohibition against predatory and abusive commercial e-mail (4)
- Art. 7704. Other protections for users of commercial electronic mail ref
- Art. 7705. Businesses knowingly promoted by electronic mail with false or misleading transmission information (5)
- Art. 7706. Enforcement generally (18)
- Art. 7707. Effect on other laws (6)
- Art. 7708. Do-Not-E-Mail registry (5)
- Art. 7709. Study of effects of commercial electronic mail (5)
- Art. 7710. Improving enforcement by providing rewards for information about violations; labeling (4)
- Art. 7711. Regulations (4)
- Art. 7712. Application to wireless (8)
- Art. 7713. Separability ref
Title I — Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM)
Chapter I — CAN-SPAM Act
Article 7701. Congressional findings and policy
2 obligations
CANSPAM-7701-01
Prohibition
Prohibition on misleading recipients about source or content of commercial email
Senders of commercial electronic mail must not mislead recipients regarding the source or content of such mail messages.
CANSPAM-7701-02
Requirement
Requirement to honor recipient opt-out rights for commercial email
Senders of commercial electronic mail must allow recipients to decline to receive additional commercial electronic mail
Article 7702. Definitions
2 obligations
CANSPAM-7702-01
Requirement
Issue regulations defining primary purpose criteria for commercial email messages
The Federal Trade Commission must issue regulations pursuant to section 7711 defining the relevant criteria to facilitat
CANSPAM-7702-02
Requirement
Modify transactional or relationship message definition through regulation
The Federal Trade Commission may modify the definition of transactional or relationship messages by regulation pursuant
Article 7703. Prohibition against predatory and abusive commercial e-mail
4 obligations
CANSPAM-7703-01
Requirement
Review and Amend Sentencing Guidelines for Email Violations
The United States Sentencing Commission must review and, as appropriate, amend the sentencing guidelines and policy stat
CANSPAM-7703-02
Requirement
Consider Sentencing Enhancements for Email Address Harvesting Violations
In carrying out the sentencing guideline review, the Sentencing Commission shall consider providing sentencing enhanceme
CANSPAM-7703-03
Requirement
Consider Sentencing Enhancements for False Domain Registration Violations
In carrying out the sentencing guideline review, the Sentencing Commission shall consider providing sentencing enhanceme
CANSPAM-7703-04
Requirement
Consider Sentencing Enhancements for Other Crimes Facilitated by Bulk Email
In carrying out the sentencing guideline review, the Sentencing Commission shall consider providing sentencing enhanceme
Article 7705. Businesses knowingly promoted by electronic mail with false or misleading transmission information
5 obligations
CANSPAM-7705-01
Prohibition
Prohibition on promoting business through false/misleading transmission emails
Businesses must not promote or allow promotion of their trade, business, goods, products, property, or services in comme
CANSPAM-7705-02
Requirement
Requirement to take reasonable action to prevent violating transmissions
When businesses know or should know their goods/services are being promoted in emails violating transmission requirement
CANSPAM-7705-03
Reporting
Requirement to detect and report violating transmissions to Commission
When businesses know or should know their goods/services are being promoted in emails violating transmission requirement
CANSPAM-7705-04
Prohibition
Liability imputation for third parties with majority ownership
Third parties that own or have greater than 50 percent ownership or economic interest in a trade or business that violat
CANSPAM-7705-05
Prohibition
Liability imputation for third parties with actual knowledge and economic benefit
Third parties that have actual knowledge that their goods, products, property, or services are promoted in commercial em
Article 7706. Enforcement generally
12 obligations
CANSPAM-7706-01
Requirement
FTC Commission Enforcement Authority
The Federal Trade Commission must enforce this chapter as if violations were unfair or deceptive acts or practices under
CANSPAM-7706-02
Requirement
Banking Agency Enforcement - OCC
The Office of the Comptroller of the Currency must enforce compliance with this chapter under section 8 of the Federal D
CANSPAM-7706-03
Requirement
Banking Agency Enforcement - Federal Reserve
The Federal Reserve Board must enforce compliance with this chapter under section 8 of the Federal Deposit Insurance Act
CANSPAM-7706-04
Requirement
Banking Agency Enforcement - FDIC
The Board of Directors of the Federal Deposit Insurance Corporation must enforce compliance with this chapter under sect
CANSPAM-7706-05
Requirement
Banking Agency Enforcement - OTS
The Director of the Office of Thrift Supervision must enforce compliance with this chapter under section 8 of the Federa
CANSPAM-7706-06
Requirement
Credit Union Agency Enforcement
The National Credit Union Administration Board must enforce compliance with this chapter under the Federal Credit Union
CANSPAM-7706-07
Requirement
Securities Agency Enforcement - Brokers/Dealers
The Securities and Exchange Commission must enforce compliance with this chapter under the Securities Exchange Act of 19
CANSPAM-7706-08
Requirement
Securities Agency Enforcement - Investment Companies
The Securities and Exchange Commission must enforce compliance with this chapter under the Investment Company Act of 194
CANSPAM-7706-09
Requirement
Securities Agency Enforcement - Investment Advisers
The Securities and Exchange Commission must enforce compliance with this chapter under the Investment Advisers Act of 19
CANSPAM-7706-10
Requirement
State Insurance Authority Enforcement
State insurance authorities must enforce compliance with this chapter under State insurance law for any person engaged i
CANSPAM-7706-11
Requirement
FTC Backup Insurance Enforcement
The Federal Trade Commission must exercise enforcement authority for insurance-related violations in any State where the
CANSPAM-7706-12
Requirement
Transportation Agency Enforcement
The Secretary of Transportation must enforce compliance with this chapter under part A of subtitle VII of title 49 with