FTC Seeks Further Comments to Amend Can-Spam Act Rules

WASHINGTON, D.C. – The Federal Trade Commission continues to waffle back and forth on certain definitions pertaining to the enforcement of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, also known as the Can-Spam Act.

After going into effect on Jan. 1, 2004, Congress tapped the FTC to determine the proper labeling for email containing adult material as well as all details related to the implementation of Can-Spam.

The commission's most recent public comment period, also known as the Notice of Proposed Rulemaking, follows an Advance Notice of Proposed Rulemaking on Can-Spam topics published by the FTC in March 2004.

The NPRM is currently seeking public comment on five topics related to Can-Spam, starting with the definition of a "person," a term used repeatedly throughout the Act but not defined. The FTC also is addressing modifying the definition of "sender" to make it easier to determine which of multiple parties advertising in a single email message will be responsible for complying with the Act's "opt-out" requirements.

Additionally, the FTC is seeking comment on clarifying that post office boxes and private mailboxes established pursuant to United States Postal Service regulations constitute "valid physical postal addresses" within the meaning of the Act. And lastly, the commission is considering shortening from ten days to three days the time a sender may take before honoring a recipient's opt-out request and clarifying that, to submit a valid opt-out request, a recipient cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences, or take any steps other than sending a reply email message or visiting a single web page.

The current proposals are based on 13,517 comments and suggestions received in response to the ANPR. The FTC said that comments and suggestions came from representatives of a broad spectrum of the online commerce industry, trade associations, individual consumers, and consumer and privacy advocates.

The commentary period is open until June 27 and responses should be submitted to Secretary, FTC, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580.

In recent legal action taken against spammers using the Can-Spam shield, Massachusetts Attorney General Tom Reilly obtained an emergency court order this week to shut down dozens of websites allegedly operated by a sophisticated ring of Boston-area spammers. The ring is said to be one of the world's largest spam "gangs."

The group allegedly generated millions of unsolicited and deceptive email messages soliciting unapproved counterfeit drugs, pirated software and porn. The spam ring reportedly has ties to other organizations in Russia, with computer servers located in China, Korea, Brazil and Taiwan.

Copyright © 2024 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

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More