The CAN SPAM Act FAQ
- What is the CAN-SPAM act?
- The CAN-SPAM
act, also known as S.877
is an act which prohibits certain activities of spammers, while
explicitly legalizing the act of spamming, as long as those activities
certain are not enguaged in.
-
- What are those prohibited activities?
- Mainly the prohibitions relate to falsifying
information. Spammers may not use deceptive subject lines, or
forge header information.
-
- Does it place any requirements on the spammer?
- Yes, the CAN-SPAM act requires that all emails
include opt-out instructions, and clearly label the email as unsolicited
commercial emails.
-
- What happens to the new California law now that this bill has
passed?
- It will be overriden by the federal law, and
is unenforcable. The two laws become active on the same date.
-
- So spamming is now legal?
- In the United States, it will be starting January
1st, 2004, as long as the spam's content doesn't violate other
laws. SPAM is still outlawed in much of the EU, and parts of Asia.
This law does not supercede the AUPs of ISPs
(including California.com) which explicitly
prohibit spamming.
-
- Does this make spam filters illegal?
- Not at all. In fact, California.com is actively
seeking out further solutions to the spam problem, even as the
new year approaches. Just because it's legal to send Spam, doesn't
mean it's illegal for us to offer blocking services, nor has it
ever been.
-
- I got a spam that says I cannot complain because it complies
with the new law. What do I do?
- Do what you normally would. Nothing in the new
law forbids you from blocking their email (or asking us to do
so) or complaining to their ISP. Most ISPs have AUPs which forbid
Spamming (including California.com) and
they can still be terminated by their ISP.
-
- I was told by an ISP that they won't terminate the spammer because
of the new law
- Forward your entire correspondence with that
ISP (including the original spam) to abuse@california.com,
and we'll pick it up from there.
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CaliforniaCom Inc.
1624 Franklin St. suite # 1022
Oakland Ca. 94612 USA
info@california.com
510-287-8450 office
800-450-1539 office
510-287-8454 fax
This page last updated on
Saturday, December 27, 2003 3:42 PM.
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