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 © 2026 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

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More