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
Requirement Obligations
40Title 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
1 obligation
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
1 obligation
Article 7706. Enforcement generally
17 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
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
Article 7708. Do-Not-E-Mail registry
2 obligations
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-7708-04
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
Article 7709. Study of effects of commercial electronic mail
1 obligation
Article 7710. Improving enforcement by providing rewards for information about violations; labeling
2 obligations
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
Article 7711. Regulations
2 obligations
CANSPAM-7711-01
Requirement
Commission Authority to Issue Regulations
The Commission is authorized to issue regulations to implement the provisions of this Act (excluding amendments made by
CANSPAM-7711-02
Requirement
Procedural Requirements for Regulation Issuance
When issuing regulations under this Act, the Commission must comply with the procedures established in section 553 of ti
Article 7712. Application to wireless
8 obligations
CANSPAM-7712-01
Requirement
FCC Must Promulgate Rules Within 270 Days for Mobile Service Commercial Messages
The Federal Communications Commission must promulgate rules within 270 days to protect consumers from unwanted mobile se
CANSPAM-7712-02
Requirement
FCC Must Provide Opt-In Authorization Requirement for Mobile Commercial Messages
In promulgating rules, the FCC shall provide subscribers to commercial mobile services the ability to avoid receiving mo
CANSPAM-7712-03
Requirement
FCC Must Allow Electronic Opt-Out for Mobile Commercial Messages
In promulgating rules, the FCC shall allow recipients of mobile service commercial messages to indicate electronically a
CANSPAM-7712-04
Requirement
FCC Must Consider Provider-Subscriber Relationship in Rulemaking
The FCC shall take into consideration, in determining whether to subject providers of commercial mobile services to para
CANSPAM-7712-05
Requirement
FCC Must Require Provider Opt-Out at Service Subscription if Exempted
If the FCC determines that commercial mobile service providers should not be subject to paragraph (1), the rules shall r
CANSPAM-7712-06
Requirement
FCC Must Require Provider Opt-Out in Billing Mechanism if Exempted
If the FCC determines that commercial mobile service providers should not be subject to paragraph (1), the rules shall r
CANSPAM-7712-07
Requirement
FCC Must Determine Sender Compliance Methods for Mobile Messages
The FCC shall determine how a sender of mobile service commercial messages may comply with the provisions of this chapte
CANSPAM-7712-08
Requirement
FCC Must Consider Sender's Ability to Determine Message is Mobile Commercial
The Federal Communications Commission shall consider the ability of a sender of a commercial electronic mail message to