FTC Guidelines For Porn Email

WASHINGTON, D.C. – A month after the Can-Spam Act was enacted on Jan. 1, 2004, the Federal Trade Commission (FTC) has added specific regulations for senders of pornographic emails.

As part of Can-Spam, Congress tapped the FTC to determine the proper labeling for email containing adult material. The FTC was also given the task of implementing a 'Do Not Email' registry within six months of the law's enactment for those email recipients who want to block out certain spammers.

Effective June 2004, all unsolicited porn emails will have to bear the subject header: "SEXUALLY-EXPLICIT-CONTENT," the FTC said in a statement.

The FTC's federal regulations will override previous laws that required porn emails to contain ADV:ADULT in the email header.

According to Reuters, the FTC felt that the previous header was not specific enough to the adult industry and could just as easily apply to gambling or tobacco solicitations.

The FTC is also saying that adult-related emails are not allowed to contain graphic material in the body of the email, including sexually explicit pictures, and if caught, the sender will be subject to fines of $11,000 per email. Additionally, State Attorney Generals can sue porn emailers for damages of up to $250 per message with a $2 million cap.

The FTC is calling the new mandate an "electronic brown paper wrapper" for the adult industry.

"This 'brown paper wrapper' would be what a recipient would initially see when opening a message containing sexually oriented material," the FTC said in a statement. "It would include the prescribed mark or notice, certain other specified information, and no other information or images."

However, senders of porn email will be allowed to include hyperlinks to access their material, the FTC stated.

Email marketers who want to remain lawful will also be required to provide a physical address in the email and an easy way to opt-out of future mailings.

The CAN-SPAM Act required the FTC to determine the header label within 120 days of the law's enactment. The public feedback period ends on Feb. 17.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Show More