Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act)


15 U.S.C §§ 7701-7713

This Act establishes requirements for those who send unsolicited commercial email. The Act bans false or misleading header information and prohibits deceptive subject lines. It also requires that unsolicited commercial email provide recipients with a method for opting out of receiving such email and must be identified as an advertisement. In addition to enforcing the statute, the FTC must issue rules involving the required labeling of sexually explicit commercial email and the criteria for determining the primary purpose of a commercial email. The Act also instructs the Commission to report to Congress on the feasibility of a National Do-Not-E-Mail Registry, as well as requiring reports on the labeling of all unsolicited commercial email, the creation of a "bounty system" to promote enforcement of the law, and the effectiveness and enforcement of the statute.