Article 7706. Enforcement generally

6 obligations

CANSPAM-7706-13 Requirement

Agriculture Agency Enforcement

The Secretary of Agriculture must enforce compliance with this chapter under the Packers and Stockyards Act, 1921 (excep

CANSPAM-7706-14 Requirement

Farm Credit Administration Enforcement

The Farm Credit Administration must enforce compliance with this chapter under the Farm Credit Act of 1971 with respect

CANSPAM-7706-15 Requirement

Communications Agency Enforcement

The Federal Communications Commission must enforce compliance with this chapter under the Communications Act of 1934 wit

CANSPAM-7706-16 Requirement

FTC Violation Prevention Duty

The Commission must prevent any person from violating this chapter using the same manner, means, jurisdiction, powers, a

CANSPAM-7706-17 Requirement

State Prior Notice Requirement

States must serve prior written notice of any civil action to the Federal Trade Commission or appropriate Federal regula

CANSPAM-7706-18 Prohibition

State Action Limitation During Federal Proceedings

State attorneys general or state agencies are prohibited from bringing actions while the Commission or other appropriate

Article 7707. Effect on other laws

6 obligations

CANSPAM-7707-01 Conformity

Preserve enforcement of existing Federal criminal statutes

Must not interpret this chapter in a way that would impair enforcement of specified Federal criminal statutes including

CANSPAM-7707-02 Conformity

Preserve FTC enforcement authority for deceptive email practices

Must not interpret this chapter in a way that affects the Commission's authority to bring enforcement actions under FTC

CANSPAM-7707-03 Conformity

Comply with federal preemption of state email regulations

Must recognize that this chapter supersedes state statutes, regulations, or rules that expressly regulate electronic mai

CANSPAM-7707-04 Conformity

Preserve applicability of non-email-specific state laws

Must not interpret this chapter as preempting state laws that are not specific to electronic mail, including state tresp

CANSPAM-7707-05 Conformity

Preserve applicability of state fraud and computer crime laws

Must not interpret this chapter as preempting other state laws to the extent that those laws relate to acts of fraud or

CANSPAM-7707-06 Conformity

Preserve ISP policy implementation authority

Must not interpret this chapter as affecting the lawfulness or unlawfulness of Internet access service providers adoptin

Article 7708. Do-Not-E-Mail registry

5 obligations

CANSPAM-7708-01 Reporting

Submit Do-Not-E-Mail registry report to Congressional committees

The Commission must transmit a comprehensive report to the Senate Committee on Commerce, Science, and Transportation and

CANSPAM-7708-02 Requirement

Develop plan and timetable for Do-Not-E-Mail registry establishment

The Commission must create a detailed plan and timetable for establishing a nationwide marketing Do-Not-E-Mail registry

CANSPAM-7708-03 Transparency

Analyze and explain registry implementation concerns

The Commission must analyze and provide explanations of any practical, technical, security, privacy, enforceability, or

CANSPAM-7708-04 Requirement

Address children's e-mail account registry application

The Commission must explain how the Do-Not-E-Mail registry would be applied specifically with respect to children who ha

CANSPAM-7708-05 Prohibition

Observe minimum waiting period before registry implementation

The Commission is prohibited from establishing and implementing the Do-Not-E-Mail registry plan earlier than 9 months af

Article 7709. Study of effects of commercial electronic mail

5 obligations

CANSPAM-7709-01 Reporting

Submit Congressional Report on CAN-SPAM Effectiveness

The Commission must submit a detailed report to Congress analyzing the effectiveness and enforcement of CAN-SPAM provisi

CANSPAM-7709-02 Requirement

Consult with DOJ and Other Agencies for Report

The Commission must consult with the Department of Justice and other appropriate agencies when preparing the required Co

CANSPAM-7709-03 Reporting

Analyze Technological and Marketplace Developments Impact

The Commission must include in the Congressional report an analysis of how technological and marketplace developments, i

CANSPAM-7709-04 Reporting

Analyze and Recommend International Email Solutions

The Commission must include analysis and recommendations on addressing commercial electronic mail originating from or tr

CANSPAM-7709-05 Reporting

Analyze Consumer Protection Options for Obscene/Pornographic Email

The Commission must include analysis and recommendations concerning options for protecting consumers, including children

Article 7710. Improving enforcement by providing rewards for information about violations; labeling

3 obligations

CANSPAM-7710-01 Reporting

Transmit reward system report within 9 months

The Commission must transmit to specified Congressional committees a report within 9 months after December 16, 2003, tha

CANSPAM-7710-02 Requirement

Establish reward procedures for violation information

The Commission must establish procedures to grant a reward of not less than 20 percent of the total civil penalty collec

CANSPAM-7710-03 Requirement

Establish complaint submission procedures

The Commission must establish procedures to minimize the burden of submitting complaints concerning violations of this c