Eicra Stands up against SPAM

Email spam, also known as junk email or unsolicited bulk email (UBE), is a subset of electronic spam involving nearly identical messages sent to numerous recipients by email. Clicking on links in spam email may send users to phishing web sites or sites that are hosting malware. Spam email may also include malware as scripts or other executable file attachments. Definitions of spam usually include the aspects that email is unsolicited and sent in bulk. One subset of UBE is UCE (unsolicited commercial email). The opposite of "spam", email which one wants, is called "ham", usually when referring to a message's automated analysis (such as Bayesian filtering). 

Spam is one of the most annoying things about using the internet. Lots of people think that it's annoying but don't realize that it can actually be illegal. There are lots of people suggesting that spam is illegal but if it is, then why are there so many unsolicited messages still being sent? Is it that people simply don't care about these laws?

In 2003 the Can-Spam act was signed in the United States. This was an 80 page document which defined exactly what spam was and went as far as making spam illegal. Spam is actually illegal but many people are still receiving messages because people don't care about the laws, and also because not all of these messages are technically spam. The act sets up a list of guidelines which should be followed when sending emails. This includes not having misleading information in the header information.  If you are sending out a commercial email then you must by law include your postal address so that people can contact you if required.

By definition, spamming is illegal under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act"). Spamming is the transmission of any unsolicited "electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose)." (15 U.S.C. § 7702(2)(A).) The obligations of the Act apply to both the sender of the message and the person whose product, service, or web site is promoted by the message, both of whom are "senders" for purposes of the Act. 

If there is a pre-existing business relationship between the sender and the e-mail recipient, and the recipient has not opted out of receiving e-mail communications from the sender, e-mail communications from the sender to that e-mail recipient would not constitute illegal spam, but those messages must include notification to recipients of their ability to decline receiving future email messages from, and a reply e-mail address or other mechanism that recipients can use to decline receiving future email messages from, you or the advertiser. 

Unsolicited email

Spam is actually unsolicited email and this means that people are still allowed to send out junk email that you have requested. If you put your name on a mailing list then this doesn't count as spam. It's very easy to get added onto mailing lists and as a result you probably have lots of newsletters in your mailbox right now.
Whenever you sign up for anything on the internet there is a box to say whether or not you want to receive communication from them. If you agree then that company is allowed to send you emails. This is not spam because they have already asked permission to contact you. It's important that you read everything you do on the internet.

However, even these newsletters that you have requested must have opt-out links in them somewhere. These links are used to take your name off the mailing list so that you can stop receiving the email at any time. To be in compliance of the laws these links must appear in the emails and be accessible.

Consequences

Violations can result in enforcement action against you by the FTC or by ISPs. Remedies include injunctive relief, disgorgement of profits, and actual damages or statutory damages or fines of $250 per violation, whichever is greater, with each unlawful message to each recipient being a separate violation. Statutory damages can go as high as $2 million. Certain fraudulent activities and repeat offenses include the possibility of imprisonment for three to five years. 

Disclaimer: Please note that this answer does not constitute legal advice and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts, documents, and/or other materials involved. This answer does not create an attorney-client relationship.

The Can-Spam act laid out a number of consequences for anyone found guilty of sending spam emails. This can even get you in prison in some cases. The act allows up to $11,000 in fines per email sent which should go a long way to stop the problem. The act is normally only used against the most notorious spammers although it can be enforced against anyone.

There is a database of all complaints available on the FTC website and you can also submit complaints there. Alternatively you can forward any spam received to spam@uce.gov 

Spam is one of the most annoying things on the internet and it's about time that we put an end to it.

Be Compliant with the CAN-SPAM Act

If you are sending “any electronic mail message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” then you must comply with the following 7 main requirements (or face above Consequences):

1. Don’t use false or misleading header information
2. Don’t use deceptive subject lines
3. Identify the message as an ad
4. Tell recipients where you’re located
5. Tell recipients how to opt-out of receiving future email from you
6. Honor opt-out requests promptly
7. Monitor what others are doing on your behalf

If your email contains only transactional emails or relationship content, then you are exempt from these rules; however, you must still not include false or misleading routing information.