As email became commonplace, advertisers took note. But, rather than send targeted advertising to people who are likely to be interested in the message, a new kind of advertiser took advantage of the nearly free distribution of email. This, of course, came to be known as SPAM: an unwanted and unsolicited email offer. In 2003, Congress passed a bill providing consumers with the first real rights regarding email. The legislation is known as the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.)
The Right to Opt-out
CAN-SPAM requires senders to place an opt-out link in all commercial emails. The opt-out option gives the consumer the right to stop receiving further emails from the sender. Once a recipient receives an unsolicited email and responds or opts-out, the sender must comply within 10 business days. CAN-SPAM provides for fines and other civil penalties for violators. And it has provisions for increasingly harsh penalties, especially if the noncompliance can be demonstrated as "willful."
The Right to Honest Messages
Under CAN-SPAM, consumers have the right to receive only honest messages. Deceptive practices are forbidden. Examples of deceptive conduct prohibited by CAN-SPAM include sending false or "spoofed" email addresses that appear to come from someone you know or from a familiar business. Emails cannot have subject lines that appear to be a response to prior correspondence by including an "re:" prefix.
The Right to Identifiable Commercial Senders
Consumers have the right to have senders of commercial email identify themselves with, at least, a physical address. The address does not have to be a physical location; it can be a P.O. box, but it must be a valid mailing address. The point of this rule is make sure that consumers or regulatory or enforcement agencies can send mail to the spammers.
The Right to Sanction
CAN-SPAM does not give consumers the right to sue "spammers". (Consumers can sue through other legal means.) The law allows the Federal Trade Commission (FTC) the right to sanction spammers on a consumer's behalf. And it gives the FTC and state attorneys general the right to sue spammers on consumers' behalf. Although CAN-SPAM has widespread approval, many question its effectiveness. Few prosecutions have taken place under CAN-SPAM and the FTC doesn't often levy sanctions or sue spammers. However, the potential consequences seem to have curtailed all but the most unscrupulous spammers.
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