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Federal Trade Commission ftc

Federal Trade Commission www.ftc.gov. FTC & Spam. CAN-SPAM Act of 2003 (“ C ontrolling the A ssault of N on- S olicited P ornography a nd M arketing Act ”). Effective date of January 1, 2004 Creates civil and criminal violations

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Federal Trade Commission ftc

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  1. Federal Trade Commissionwww.ftc.gov FTC & Spam

  2. CAN-SPAM Act of 2003(“Controlling the Assault of Non-Solicited Pornography and Marketing Act”) • Effective date of January 1, 2004 • Creates civil and criminal violations • May be enforced by federal and state law enforcement and ISPs • Directs the FTC to establish rules, conduct studies, write reports Federal Trade Commission

  3. CAN-Spam Act: New Civil Violations • False or misleading header information • Deceptive subject lines • Failure to provide an opt-out method and honor opt-out requests • Failure to include: • Identification that the message is an advertisement • Sender’s valid physical postal address • For “sexually oriented” messages: • Failure to include warning label • Failure to require additional steps to view material after opening message Federal Trade Commission

  4. CAN-Spam Act: New Civil Violations • Aggravated violations for spam plus: • Harvesting • Dictionary attack • Using someone else’s computer without their authorization • Automated creation of multiple email accounts • FTC may specify other aggravated violations to cover practices contributing to the spam problem Federal Trade Commission

  5. CAN-Spam Act: Civil EnforcementFederal • FTC Enforcement: • Similar to FTC Act enforcement: Cease & desist orders and injunctive relief without proving knowledge • Plus, civil penalties up to $11,000 per violation: must show actual knowledge or knowledge fairly implied • Other federal regulators can enforce the Act against entities outside FTC jurisdiction • FCC will oversee regulation of wireless spam Federal Trade Commission

  6. CAN-Spam Act: Civil EnforcementState and Private • State Enforcement: • Injunctive relief • Damages: Actual loss or up to $250 per violation ($2 million cap, but not for false or misleading headers) • May receive treble damages for willful, knowing or aggravated violations • State spam laws are preempted unless they prohibit falsity or deception or are not spam-specific • ISP Enforcement: • Injunctive relief • Damages: Actual loss or up to $25 per violation ($1 million cap) • For false or misleading headers, up to $100 per violation and no cap • May receive treble damages for willful, knowing or aggravated violations • No private claim for spam recipient Federal Trade Commission

  7. CAN-Spam Act: New Criminal Violations • New criminal violations for spam-related unauthorized access and spoofing, and false header and email account information • Criminal penalties include imprisonment and forfeiture of assets Federal Trade Commission

  8. CAN-Spam Act: New Rules, Studies & Reports • Additional rules interpreting certain CAN-Spam provisions • Studies on the feasibility of: • Do-Not-Email Registry • Bounty system to promote enforcement • ADV Labeling • Report to Congress due in 1 year Federal Trade Commission

  9. Questions? Contact Elena Gasol Ramos Legal Advisor for international Consumer Protection US Federal Trade Commission Tel: 202 326 3102 egasolramos@ftc.gov Federal Trade Commission

  10. Federal Trade Commissionwww.ftc.gov FTC & Spam FTC Staff presentation. Does not necessarily reflect the views of the Commission or any individual Commissioner.

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