Spam has become an ever-increasing problem in recent years, costing legitimate businesses a great deal in both time and money.
In response to the growing threat from spam, new legislation was enacted in 2003. it was called: Controlling the Assault of Non Solicited Pornography and Marketing Act (CAN-SPAM act). This act created some requirements for all companies who are sending bulk commercial email, as well as those companies whose products are offered for sale in the spam emails. It also instituted penalties for violators, as well as giving the client or consumer the right and the means to request that the emailers cease the spam efforts.
CAN-SPAM was enacted in January, 2004. The act covers any email which have as its purpose advertising or promotional efforts for any service or product, including those whose contents reside solely on a web site.
The legislation also covers “transactional or relationship messages,” meaning those emails which help a web site to deal with any transaction, even those which are agreed on, or make updates to any customer whether new or exisiting. None of these may contain false or spoofed routing information.
The Federal Trade Commission (FTC), the United States agency for consumer protection, was granted the authority to enforce the act and the DOJ, or Department of Justice is additionally charged with the enforcement of the CAN SPAM act. It also provides that Internet Service Providers who are hurt by the spam may in fact sue the violators of the legislation to recoup losses to their own business.
