the CAN-SPAM Act of 2003

The CAN-SPAM Act of 2003 stands for: Controlling the Assault of Non-Solicited Pornography and Marketing Act.

As required by the Act, the FCC has adopted rules prohibiting the sending of unwanted commercial e-mail messages to wireless devices without prior permission, which took effect in March of 2005.  Also, The FTC adopted rules that restrict sending unwanted commercial e-mail messages to computers.

The FCC's CAN-SPAM Rules:

• Defines commercial messages as those for which the primary purpose is to advertise or promote a commercial product or service.  This does not cover "transactional or relationship" messages, or notices to facilitate a transaction you have already agreed to.  It also does not cover non-commercial messages, including messages about candidates for public office.
• The FCC ban covers messages sent to cell phones and pagers, if the message uses an internet address that includes an internet domain name (with an @ symbol).  This does not cover messages sent from a phone to another phone, or e-mail messages forwarded from your computer (the FTC rules apply here).

For a FAQ about the CAN-SPAM Act for Internet Marketers, click the link below:

Email Law: New CAN-SPAM FAQ for Internet Marketers