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The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN-SPAM Act or the Act) was enacted on December 16, 2003, and sets rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have senders of commercial email stop emailing them, and provides for penalties for violations. The FTC issued the CAN-SPAM Rule (Rule) to implement the Act, as authorized by the statute.

As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission requested public comments on June 28, 2017, on, among other things, the economic impact and benefits of the Rule; possible conflict between the Rule and State, local, or other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes. 82 FR 29254. The public comment period closed on August 31, 2017. Staff anticipates sending a recommendation to the Commission for the next action by December 2018.