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