federal trade commission ftc & spam. federal trade commission can-spam act of 2003...
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Federal Trade CommissionFederal Trade Commissionwww.ftc.govwww.ftc.gov
FTC & SpamFTC & Spam
Federal Trade CommissionFederal Trade Commission
CAN-SPAM Act of 2003CAN-SPAM Act of 2003(“(“CControlling the ontrolling the AAssault of ssault of NNon-on-SSolicited olicited
PPornography ornography aand nd MMarketing arketing ActAct”)”)
Effective date of January 1, 2004 Effective date of January 1, 2004
Creates civil and criminal violationsCreates civil and criminal violations
May be enforced by federal and state May be enforced by federal and state law enforcement and ISPslaw enforcement and ISPs
Directs the FTC to establish rules, Directs the FTC to establish rules, conduct studies, write reportsconduct studies, write reports
Federal Trade CommissionFederal Trade Commission
CAN-Spam Act: New Civil CAN-Spam Act: New Civil ViolationsViolations
False or misleading header informationFalse or misleading header information Deceptive subject linesDeceptive subject lines Failure to provide an opt-out method and Failure to provide an opt-out method and
honor opt-out requestshonor opt-out requests Failure to include:Failure to include:
Identification that the message is an Identification that the message is an advertisement advertisement
Sender’s valid physical postal addressSender’s valid physical postal address For “sexually oriented” messages:For “sexually oriented” messages:
Failure to include warning label Failure to include warning label Failure to require additional steps to view Failure to require additional steps to view
material after opening messagematerial after opening message
Federal Trade CommissionFederal Trade Commission
CAN-Spam Act: New Civil CAN-Spam Act: New Civil ViolationsViolations
Aggravated violations for spam Aggravated violations for spam plusplus:: HarvestingHarvesting Dictionary attackDictionary attack Using someone else’s computer without Using someone else’s computer without
their authorizationtheir authorization Automated creation of multiple email Automated creation of multiple email
accountsaccounts
FTC may specify other aggravated FTC may specify other aggravated violations to cover practices violations to cover practices contributing to the spam problemcontributing to the spam problem
Federal Trade CommissionFederal Trade Commission
CAN-Spam Act: Civil CAN-Spam Act: Civil EnforcementEnforcement
FederalFederal FTC Enforcement:FTC Enforcement:
Similar to FTC Act enforcement: Cease & desist Similar to FTC Act enforcement: Cease & desist orders and injunctive relief without proving orders and injunctive relief without proving knowledgeknowledge
Plus, civil penalties up to $11,000 per violation: Plus, civil penalties up to $11,000 per violation: must show actual knowledge or knowledge fairly must show actual knowledge or knowledge fairly impliedimplied
Other federal regulators can enforce the Act Other federal regulators can enforce the Act against entities outside FTC jurisdictionagainst entities outside FTC jurisdiction
FCC will oversee regulation of wireless spamFCC will oversee regulation of wireless spam
Federal Trade CommissionFederal Trade Commission
CAN-Spam Act: Civil CAN-Spam Act: Civil EnforcementEnforcement
State and PrivateState and Private State Enforcement:State Enforcement:
Injunctive reliefInjunctive relief Damages: Actual loss or up to $250 per violation ($2 million cap, Damages: Actual loss or up to $250 per violation ($2 million cap,
but not for false or misleading headers)but not for false or misleading headers) May receive treble damages for willful, knowing or aggravated May receive treble damages for willful, knowing or aggravated
violationsviolations State spam laws are preempted unless they prohibit falsity or State spam laws are preempted unless they prohibit falsity or
deception or are not spam-specificdeception or are not spam-specific
ISP Enforcement:ISP Enforcement: Injunctive reliefInjunctive relief Damages: Actual loss or up to $25 per violation ($1 million cap)Damages: Actual loss or up to $25 per violation ($1 million cap)
For false or misleading headers, up to $100 per violation and no capFor false or misleading headers, up to $100 per violation and no cap May receive treble damages for willful, knowing or aggravated May receive treble damages for willful, knowing or aggravated
violationsviolations No private claim for spam recipientNo private claim for spam recipient
Federal Trade CommissionFederal Trade Commission
CAN-Spam Act: New Criminal CAN-Spam Act: New Criminal ViolationsViolations
New criminal violations for spam-New criminal violations for spam-related unauthorized access and related unauthorized access and spoofing, and false header and email spoofing, and false header and email account informationaccount information
Criminal penalties include Criminal penalties include imprisonment and forfeiture of assetsimprisonment and forfeiture of assets
Federal Trade CommissionFederal Trade Commission
CAN-Spam Act: CAN-Spam Act: New Rules, Studies & ReportsNew Rules, Studies & Reports
Additional rules interpreting certain Additional rules interpreting certain CAN-Spam provisionsCAN-Spam provisions
Studies on the feasibility of:Studies on the feasibility of: Do-Not-Email RegistryDo-Not-Email Registry Bounty system to promote enforcementBounty system to promote enforcement ADV Labeling ADV Labeling
Report to Congress due in 1 yearReport to Congress due in 1 year
Federal Trade CommissionFederal Trade Commission
Questions?Questions?
ContactContact
Elena Gasol RamosElena Gasol Ramos
Legal Advisor Legal Advisor
for international Consumer Protectionfor international Consumer Protection
US Federal Trade CommissionUS Federal Trade Commission
Tel: 202 326 3102Tel: 202 326 3102
egasolramos@ftc.govegasolramos@ftc.gov
Federal Trade CommissionFederal Trade Commissionwww.ftc.govwww.ftc.gov
FTC & SpamFTC & Spam
FTC Staff presentation. Does not necessarily reflect the FTC Staff presentation. Does not necessarily reflect the views views
of the Commission or any individual Commissioner.of the Commission or any individual Commissioner.
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