[Politech] FTC asks for public comments on Can Spam Act [sp]

From: Declan McCullagh (declan@private)
Date: Mon May 16 2005 - 19:47:21 PDT

-------- Original Message --------
Date: Mon, 16 May 2005 10:21:48 -0400
From: terry.s@private
To: declan@private

Hi Declan!

Some Politechs might have valuable comments on this NPRM:


For Release: May 12, 2005

FTC Publishes Notice of Proposed Rulemaking

Agency Seeks Comment on Definitions and Substantive Provisions Under the

The Federal Trade Commission published a Federal Register notice today
seeking public comment on certain definitions and substantive provisions
under the Controlling the Assault of Non-Solicited Pornography and
Marketing Act of 2003 (CAN-SPAM or the Act).

In this Notice of Proposed Rulemaking (NPRM), the Commission proposes
rule provisions on five topics: (1) defining the term “person,” a term
used repeatedly throughout the Act but not defined there; (2) modifying
the definition of “sender” to make it easier to determine which of
multiple parties advertising in a single e-mail message will be
responsible for complying with the Act’s “opt-out” requirements; (3)
clarifying that Post Office boxes and private mailboxes established
pursuant to United States Postal Service regulations constitute "valid
physical postal addresses" within the meaning of the Act; (4) shortening
from ten days to three the time a sender may take before honoring a
recipient's opt-out request; and (5) clarifying that to submit a valid
opt-out request, a recipient cannot be required to pay a fee, provide
information other than his or her e-mail address and opt-out preferences,
or take any steps other than sending a reply e-mail message or visiting a
single Internet Web page.

This NPRM is a follow-up to an Advance Notice of Proposed Rulemaking
(ANPR) on these and other CAN-SPAM topics that the Commission published
on March 11, 2004. The comment period for the ANPR ended April 20, 2004.
The Commission received 13,517 comments and suggestions from
representatives of a broad spectrum of the online commerce industry,
trade associations, individual consumers, and consumer and privacy
advocates. The current proposals are based on the comments received in
response to the ANPR, as well as the Commission’s law enforcement

The NPRM also addresses a number of other topics that were raised in
comments responding to the ANPR, although those topics are not the
subject of any proposed rule provisions. These include: CAN-SPAM’s
definition of “transactional or relationship message;” the Commission’s
views on how CAN-SPAM applies to certain email marketing practices,
including “forward-to-a-friend” e-mail marketing campaigns; and the
Commission’s determination not to designate additional “aggravated
violations” under section 7704(c)(2) of the Act.

Comments responding to the NPRM should refer to “CAN-SPAM Act Rulemaking,
Project No. R411008”, to facilitate the organization of comments. A
comment filed in paper form should include this reference both in the
text and on the envelope, and should be mailed to the following address:
Federal Trade Commission, CAN-SPAM Act, Post Office Box 1030, Merrifield,
VA 22116-1030. Please note that courier and overnight deliveries cannot
be accepted at this address. Courier and overnight deliveries should be
delivered to the following address: Federal Trade Commission/Office of
the Secretary, Room H-159, 600 Pennsylvania Avenue, N.W., Washington, DC
20580. Comments containing confidential material must be filed in paper
form. Comments filed in electronic form should be submitted by clicking
on the following Web link: https://secure.commentworks.com/ftc-canspam/
and following the instructions on the Web-based form. Comments must be
received by June 27, 2005.

Copies of the Federal Register Notice are available from the FTC’s Web
site at http://www.ftc.gov and also from the FTC’s Consumer Response
Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.
The FTC works for the consumer to prevent fraudulent, deceptive, and
unfair business practices in the marketplace and to provide information
to help consumers spot, stop, and avoid them. To file a complaint in
English or Spanish (bilingual counselors are available to take
complaints), or to get free information on any of 150 consumer topics,
call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint
form at http://www.ftc.gov. The FTC enters Internet, telemarketing,
identity theft, and other fraud-related complaints into Consumer
Sentinel, a secure, online database available to hundreds of civil and
criminal law enforcement agencies in the U.S. and abroad.


Claudia Bourne Farrell
Office of Public Affairs


Sana Coleman
Bureau of Consumer Protection

(FTC File No. R411008)


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