View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
FTC | RIN: 3084-AA96 | Publication ID: Fall 2008 |
Title: Rules Implementing the CAN-SPAM Act of 2003 | |
Abstract: The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act or the Act), Public Law No. 108-187, 15 U.S.C. 7701 to 7703, 18 U.S.C. 1307, was enacted on December 16, 2003. The Act required that the Commission issue regulations: (1) Prescribing marks for e-mail messages containing sexually oriented material within 120 days of enactment, on April 14, 2004, and (2) defining the relevant criteria to facilitate the determination of the "primary purpose" of an electronic message within 12 months of enactment or by December 16, 2004. On April 13, 2004, the Commission announced its final rule prescribing a mark to be included in commercial e-mail that contains sexually oriented materials (Final Rule) (69 FR 21024; Apr. 19, 2004); (NPRM) (69 FR 4263; Jan. 29, 2004). The final rule on labels went into effect on May 19, 2004. On March 11, 2004, the Commission published an advance notice of proposed rulemaking (ANPRM) and requested comments on how to determine an electronic mail messages primary purpose, including comment on criteria that would facilitate this determination in the mandatory portion of the rulemaking pursuant to the Act (69 FR 11776). The Commission announced the final rule regarding an electronic mail message's primary purpose on December 16, 2004 (Final Rule) (70 FR 3110; Jan. 19, 2005); (NPRM) (69 FR 50091; Aug. 13, 2004). The rule became effective on March 28, 2005. The CAN-SPAM Act also provided the Commission with discretionary rulemaking authority in several other areas identified below. After issuing an ANPRM (69 FR 11776; Mar. 11, 2004), the Commission published an NPRM on May 12, 2005, that proposed rule provisions on five topics: (1) Defining the term "person," a term used repeatedly throughout the Act but not defined there; (2) modifying the definition of "sender" to make it easier to determine which of multiple parties advertising in a single e-mail message will be responsible for complying with the Acts "opt-out" requirements; (3) clarifying that Post Office boxes and private mailboxes established pursuant to United States Postal Service regulations constitute "valid physical postal addresses" within the meaning of the Act; (4) shortening from 10 days to 3 the time a sender may take before honoring a recipient's opt-out request; and (5) clarifying that to submit a valid opt-out request, a recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page (70 FR 25426). The comment period closed on June 27, 2005. The Commission published final rules on May 21, 2008 (73 FR 29653). | |
Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 16 CFR 316 | |
Legal Authority: 15 USC 7701 to 7713 18 USC 1037 |
Legal Deadline:
|
|||||||||||||||||||||||||||||||||
Timetable:
|
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov/AGCY_FEDERALTRADECOMMISSION.cfm | Public Comment URL: www.regulations.gov/AGCY_FEDERALTRADECOMMISSION.cfm |
RIN Data Printed in the FR: No | |
Agency Contact: Janis Kestenbaum Attorney Federal Trade Commission Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-2798 Email: jkestenbaum@ftc.gov |