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 1)   This is part one of two TechLawFlashes devoted to developments over the past year in the CAN-SPAM Act. This part discusses the Federal Trade Commission (FTC) regulations designed to clarify the definition of a “commercial” email message. As you may be aware, the CAN-SPAM Act imposes certain obligations on persons who send unsolicited commercial e-mail. An e-mail is deemed to be commercial when its “primary purpose” is commercial.  When Congress passed the CAN-SPAM act in January 2004, it ordered the FTC to explain more fully when the “primary purpose” of an e-mail will be considered commercial.   On January 1, 2005, the FTC issued regulations that set forth guidelines for determining a commercial “primary purpose." These guidelines do not articulate concrete, bright line criteria to make such a determination; rather, they require that one analyze the content of the body of the message for the amount of commercial content versus “relationship” content and other content, and take into account whether a reasonable person would determine the e-mail was commercial based on the subject line of the message.   Implications for you If you use e-mail to promote your goods or services or provide information regarding your business, you should determine whether the e-mail’s primary purpose is commercial. If it is, you should be prepared to ensure your message meets the requirements of the CAN-SPAM Act. Among other things, these requirements include placing a return address in the body of the text, conspicuously identifying the e-mail as a commercial advertisement, and allowing the recipient the ability to opt out of receiving future e-mails.   For more information, please contact a member of MMM’s Technology Group. If you no longer wish to receive TechLawFlashes, please click the "Unsubscribe" button below. This e-mail does not create an attorney/client relationship with you and does not provide specific legal advice to you or your company. It is provided for educational purposes only.