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Morris, Manning & Martin's TechLawFlash is a series of regular e-mail bulletins intended to help keep you informed of legal developments that may have an impact on the use or exploitation of technology. 

This Issue’s Topic: Developments in the CAN-SPAM Act (Part 2)

This is part two of two TechLawFlashes devoted to developments over the past year in the CAN-SPAM act. This part discusses the proposal to introduce subject line labeling requirements.

 

As you may be aware, the CAN-SPAM act imposes certain obligations on persons who send unsolicited, commercial e-mail. When Congress passed the CAN-SPAM act, it required the Federal Trade Commission (FTC) to submit to Congress a report with a plan requiring commercial e-mail to contain a subject line identifier (such as “ADV”).

 

In June of this year, the FTC issued its report, but its report recommended that there be no subject line labeling requirement for e-mail. The FTC reasoned that such a requirement would likely result in legitimate commercial e-mail being filtered out by firewalls, while outlaw spammers would still flow into in-boxes.

 

Implications for you

 

While the FTC has declined to require subject line labeling for unsolicited commercial e-mail, businesses should be aware that many foreign countries, including European and Pacific Rim countries, do mandate subject line identifiers in a variety of forms. Also, the FTC’s decision not to require subject-line labeling does not affect the other provisions of the CAN-SPAM Act that do impose affirmative requirements with respect to commercial e-mail messages. Businesses that use mass e-mails for advertising or relationship reasons should be aware of U.S. and non-U.S. requirements for e-mails.


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