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

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

Show More