16 CFR Part 316; CAN-SPAM Rule: Rule Review; Request for Public Comments; Project No. R711010
1) Pornography is not universally recognized and the FTC cannot enforce the proposed rule at the federal level without supportive action of United States legislature prior to the rule. 2) Until pornography can be recognized via electronic means or artificial intelligence, this rule would be unenforceable because the burden of proof would lie on the FTC as to its origination. 3) At this time, pornography is only recognized as such in very few jurisdictions within the United States and its interpretation is reserved to the judicial branch of government. Even in those jurisdictions it is often only in protection of individuals under the Age Of Majority. 4) The FTC lacks the funding and the expertise to investigate reported incidents. 5) The FTC could easily regulate ALL unsolicited commercial email but may not do so without supported Legislative action and an increase in funding.