FTC Consulting on CAN-SPAM

• By theWHIR.com , May 20, 2005

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May 20, 2005 -- (WEB HOST INDUSTRY REVIEW) -- The US Federal Trade Commission announced on Thursday it is consulting on proposed changes to the Controlling the Assault of Non-Solicited Pornography and Marketing Act, which sets out to define how a recipient can opt-out of receiving spam, and reducing the time limit for honoring an opt-out request.

So far, the Act has yet to establish a ban on sending unsolicited commercial email or text messages, but rather it requires that spam sent to consumers include a way of opting-out of the mailing list used by the sender.

The Act has managed to create a national Do-Not-Spam list, as well as banning the sending of fraudulent emails or unmarked sexually oriented emails, and providing civil and criminal sanctions for spammers who fail to adhere to the rules. The penalties may amount to fines of $6 million and five years in prison in the most severe cases.

Many have criticized the Act for being too lenient - allegations that may be hard to defend considering the US ranks as the world?s highest producer of spam, according to a recent report by anti-virus firm Sophos. The FTC is currently revising its rules to enforce the Act and seeks comments on its proposals by June 27.

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