The CAN SPAM Act

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The CAN SPAM Act
by Jaime Christine Perez
April 11, 2011
Internet Laws and Legal Issues
Full Sail University

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  • The CAN SPAM Act

    1. 1. The CAN SPAM Act by Jaime Christine Perez April 11, 2011 Internet Law and Legal Issues Presented to Dr. Robert Parrillo
    2. 2. 2011 Email Marketing
    3. 3. The Can Spam ActThe Can Spam Act stands for Controlling the Assault of Non-Solicited Pornography And Marketing Act. http://zapp5.staticworld.net/news/graphics/162587-spam_law_350.jpg
    4. 4. What is Spam? Spam -- unwanted e-mail in the inbox -- is the curse of e-mail marketing.There are two definitions:1. "Unsolicited commercial e-mail" is perhaps the official definition that prompted anti-spam legislation in the US and other countries.2. "E-mail I dont want," however, is the way spam is functionally defined by average users. Whether or not they subscribed to something initially isnt the point. If they start getting "too much" e-mail, dont http://www.mosaictechnology.com/Portals/84434/images/spam-email.jpg
    5. 5. The acronym CAN-SPAM derives from the bills full name:Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. The CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq. , Public Law No. 108-187, was S.877 of the 108th United States Congress), signed into law by President George W. Bush on December 16, 2003, establishes the United States first national standards for the sending of commercial e-mail and requires the Federal Trade Commission (FTC) to enforce its provisions. Penalty Jail Time and Fine Up to $16,000 http://www.ofbyandfor.org/wp-content/uploads/cache/19_BnMainFea.jpg
    6. 6. PRECEDENT CASE ASIS Internet Services v. Optin Global, Inc. On May 19, 2010, the United States District Court for the Northern District of California entered an $806,978.84 judgment ("the judgment") against ASIS Internet Services ("ASIS") to compensate plaintiff AzoogleAds.com, Inc. for ASISs vexatious litigation practices. http://www.ded.uscourts.gov/SLR/Opinions/Mar2011/10-156.pdf
    7. 7. Who Does CAN SPAM Act Apply To? The CAN-SPAM Act applies to essentially all businesses in the US that use e-mail. It defines a "commercial electronic mail message" -- which is regulated by this law -- as any e-mail message "the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose)" (Sec. 3(2)).Nearly any business e-mail would be covered -- e-mail newsletters aswell as standalone promotional e-mails. That doesnt mean that allyour e-mails are spam, only that the Act governs them.Personal e-mails (and perhaps non-profit organizations) dont seem toThe Acts definition of commercial e-mailbe covered.explicitly excludes "a transactional or relationshipmessage" (Sec. 3(2)(B)), covering e-mailscontacting customers about their accounts,product upgrades, ongoing services, etc.
    8. 8. Spam Is Not Illegal There are many misconceptions about the Can Spam Act for example many think it makes Spam illegal, some think that it requires marketers to have permission of the recipient; none of that is true.  The act does not make spam illegal, as a matter of fact many anti spam advocates felt the law actually did the opposite and made spam legal and in a sense I suppose it did, but like everything it’s not quite that simple. The Act states that you can send an unsolicited commercial email to someone but that you have to adhere to the following rules as stated on the Federal Trade Commission Website (FTC- Can Spam Act). http://joemelle.files.wordpress.com/2010/08/ftc11.jpg?w=400&h=371
    9. 9. FTC- Can Spam Act1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible. http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
    10. 10. How T Manage Spam o http://images.pcworld.com/reviews/graphics/111112-2108p123-3b.gif
    11. 11. Is Spam Protected by Our First Amendment? The Freedom of SpeechThe Amendment states:Congress shall make no law respecting an establishment of religion, orprohibiting the free exercise thereof; or abridging the freedom of speech, or ofthe press; or the right of the people peaceably to assemble, and to petition theGovernment for a redress of grievances. The First Amendment was adopted on December 15, 1791. http://www.auburn.edu/~murrag1/Constitutionx_files/consti.jpg
    12. 12. Email Best Practices 1. Your company name in the From field. Recipients should recognize who the email is from instantly. It can’t be deceptive in any way (duh). If a recipient has to strain his brain to remember who you are, he’ll click “This is spam” instead of opening. 2. A relevant subject line (don’t be spammy), with your company or newsletter name in it. So they instantly know who the email is from, and what it’s about (hence, subject line). 3. The To field of your email should be personalized to the recipient’s name, not their email address. 4. A one-click opt-out link that removes people from your list immediately. Consider placing it at the top of your email as well as in the footer, so that people who want off your list can easily find it (instead of clicking their “Junk” button). If you use MailChimp’s Managed List functionality, you would use our *|UNSUB|* tag to generate your unsubscribe link (it’s required in every email you send from our system). Any recipient who clicks it will be instantly removed from your list. If you use our built-in HTML email templates, we insert that link into the footer for you. 5. In addition to your opt-out link, you might also include a link in your header for recipients to “View this email in your browser.” Point it to an archived version of your email on your server. This helps if the email was forwarded to friends, and got mangled along the way. MailChimp automatically keeps an archived version of all your campaigns on our server. You can just use our *|ARCHIVE|* tag in your emails to link to yours. If you use our built-in HTML email templates, we automatically place this link at the top of all your emails. 6. Your valid, physical mailing address (P.O. boxes aren’t good enough), and as much contact information as possible. The more contact information you provide, the more reputable your email will look. 7. Bonus: It’s a really good idea to also include some kind of reminder text, like “You are receiving this email because you signed up at our website.” People forget opting-in to lists, and they get a little trigger-happy with the “This is spam” button. That can get you reported to the major ISPs, so you want to prevent it. Also, in the rare case that a recipient reports you to an anti- spam organization, having this reminder text can make the difference between a server admin blacklisting you forever, or contacting you for further explanation. If you use our built-in email templates,
    13. 13. Email Campaign Cost infoUSA.com 114,209 Emails Opt-in Generated Email Leads One Time Blast Total $6,000
    14. 14. ROI CalculatorReturn on List Quantity 114,209Investment Cost for List $6,000 Revenue per SaleROI Revenue $50.00$108,000 Response Rate 2% Total CostROI Percentage $6,000 Total Revenue1,500.00 % $114,000 http://www.infousa.com/Roi/Roi
    15. 15. MailChimp Can be used to send emails to Newsletter Subscribers, once I Buy Gold has it’s own email list.http://blog.mailchimp.com/wp-content/uploads/2008/07/first-email-project_thm.jpg
    16. 16. References: InfoUSA.com. (n.d.) Email Consumers. Retrieved April 10, 2011. found at http://leads.infousa.com/Email/Consumer/USConsumers.aspx? bas_session=S54557138107529&bas_vendor=190000 Mail Chimp. (n.d.) Retrieved April 10, 2011. Email Marketing Field Guide. found at http://www.mailchimp.com/guides/ guide_EmailMarketingFieldGuide.pdf Marketing Sherpa. (2011) Retrieved April 10, 2011. Email MarketingBenchmark Report. found at http://www.scribd.com/doc/ 47092440/2011-Email-Marketing-Benchmark-Report-Excerpt Spam.Org. (n.d.). Retrieved April 10, 2011. Best practices and guidelines for bulk email senders. found at http://www.spam.org/ info/Spam_Best_Practices.htm Stewart, M. (2006, August). The Can-spam act of 2003 comes to life. found at http://www.buchananingersoll.com/news.php? NewsID=1369 The SpamHaus Project. (2010). Retrieved Retrieved April 10, 2011. SpamHaus. from http://www.spamhaus.org/index.lasso US Congress. (1791).Retrieved Retrieved April 10, 2011. Bill of Rights. from http://www.archives.gov/exhibits/charters/ bill_of_rights_transcript.html [Untitled Photo of Law Book] Retrieved April 10, 2011 from http://www.ofbyandfor.org/wp-content/uploads/cache/19_BnMainFea.jpg [Untitled Photo of U.S. Law] Retrieved April 10, 2011 from http://www.homeschoolingbooks.com/images/US-Law.jpg Wilson, R. (2010, April 20). Web Marketing Today. found at http://www.wilsonweb.com/email/wilson-double-optin.htm

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