|
Update on Anti-Spam
Legislation
Many families receive unwanted emails or "spam" that contain
pornographic or other undesirable upsetting materials. The CAN-SPAM Act of
2003 (Controlling the Assault of Non-Solicited Pornography and Marketing
Act) establishes requirements for those who send commercial email, spells
out penalties for spammers and companies whose products are advertised in
spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.
The law,
which became effective January 1, 2004, covers email whose primary purpose
is advertising or promoting a commercial product or service, including
content on a Web site. As of May 19, 2004, those who send spam that
contains sexually oriented material must include the warning
"SEXUALLY-EXPLICIT: " in the subject line or face fines for
violations of federal law. The purpose of this warning is to inform recipients
that a spam message contains sexually oriented material and to make it
easier to filter out messages they do not wish to receive.
The
Department of Justice enforces the criminal provisions of the CAN-SPAM Act.
The Federal Trade Commission (FTC), the nation's consumer protection
agency, is also authorized to enforce the CAN-SPAM Act. Other federal and
state agencies can enforce the law against organizations under their
jurisdiction, and companies that provide internet access may sue violators,
as well.
The FTC
runs a helpful website on email spam at http://www.ftc.gov/spam.
It also maintains a consumer complaint database of violations of the laws
that the FTC enforces. Consumers can submit complaints online at http://www.ftc.gov
and forward unwanted commercial email to the FTC at spam@uce.gov.
Finally,
parents can report the transmission of offensive materials to several
places. They can send in a tip about the sending of obscene material to
children by contacting the National
Center for Missing
and Exploited Children http://www.ncmec.org/missingkids.
They can also report the sending of any offensive, and possibly obscene or
child pornographic materials, to their internet service provider.
U.S. Department of
Justice, Criminal Division ° Child Exploitation and Obscenity Section
(CEOS)
1400 New York Avenue,
6th Floor ° Washington,
D.C. 20530
Legal Policies | Privacy
Policy | Criminal Division Home Page | DOJ Home Page
|
