Spam and the CAN-SPAM Act
- M. Bishop, “Spam and the CAN-SPAM Act”, Expert Report, Federal Trade Commission, Washington, DC 20580 (Dec. 2005).
About This ReportFrom the Executive Summary:
This paper examines three questions:
- How does international email affect the effectiveness of the Act?
- How can consumers and ISPs deal with spam? What technologies are available? In particular, how can people be protected, or protect themselves, from receiving unwanted sexually explicit material? Part of the problem here is that those companies that can be identified will likely comply with the CAN-SPAM Act, because it is the law; but those companies that cannot be identified may not comply. Hence the enforcement provisions of the Act are not enough, because not every non-compliant company can be caught and prosecuted. Technological means are a necessary adjunct.
- How effective and enforceable are the provisions? Because this paper focuses on the technology, and not legal or public policy matters, we discuss the state of technology that can be used to comply with, and enforce, the provisions. As the reader will see, many technological and scientific impediments make the effectiveness difficult to measure.