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 
Morris, Manning & Martin's
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