Privacy and Security Alert: The FTC Approves Long-Awaited CAN-SPAM Discretionary Rule


More than two and a half years have passed (and over 150 comments received) since the Federal Trade Commission (FTC or the “Commission”) issued its discretionary Notice of

Proposed Rulemaking (NPRM) under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM” or the “Act”). On May 12, 2008, the FTC announced that the Commission has approved by unanimous vote the final Discretionary Rule (“final Rule”) under CAN-SPAM.

The final Rule specifically addresses four topics, including modifying the definitions of the terms “sender” and “person,” and tightening restrictions on what companies can and cannot require of e-mail recipients who opt-out of future e-mails.

The final Rule clarifies some of the requirements of CAN-SPAM by: (see article for more information).

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Mintz Levin on:

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