The EEJD Blog

Where Law and Technology Intersect™

Is the US CAN-SPAM Act Working?  

Lisa J. Sotto, a partner with Hunton & Williams, has written an editorial in the current issue [pdf] of the Privacy Laws & Business International Newsletter entitled: The US CAN-SPAM Act - is it working? [pdf]. The article provides a nice introduction to the Act and an update on the current spam levels in the US, followed by some of the Act's shortcomings:

While CAN-SPAM provides a legal tool to address the spam problem, it is only part of a comprehensive solution. There are numerous reasons why the Act was bound to be only partially effective in controlling spam. First, most spam received in the US is sent from outside the country where the Act does not apply. Global cooperation is necessary to help combat spam. Second, neither the FTC, which enforces CANSPAM at the federal level, nor state attorneys general, have the resources to either track or prosecute the vast majority of spammers. Third, CANSPAM cannot deter rogue parties. CAN-SPAM regulates the e-mail marketing of legitimate businesses. But most spam is sent by individuals who have little regard for the law. Like the locks and alarms required to deter thieves, anti-spam software and other technological fixes are needed to keep spammers out.

Prior Post: Update in the War on Spam: Stopping It at the Source (Feb. 12, 2005).
RSS feed

Welcome to the EEJD (pronounced "Double-E Jay Dee") Blog, where the focus is on technology law, policy, and innovation.

Please continue with the feedback and check out more about this blog!

The information provided on this website is not legal advice and should not be used in place of the advice of competent counsel.

Copyright © 2005  C. Brandon Rash

All Rights Reserved