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Complying with CAN-SPAM
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Getting Started
The federal CAN-SPAM law is a first attempt by the US government to outlaw spam (unsolicited commercial email). In the same vein, the Hen's Teeth Network Acceptable Use Policy stipulates that you may not use HTN servers or networks to send spam. This document includes some hints on complying with the law and we offer it as a service to our customers and the general public.
Hen's Teeth Network does not employ attorneys on its staff and is not offering legal advice. We suggest that you contact your own legal counsel for specific advice on your own business practices.
Commercial Messages
CAN-SPAM applies to commercial messages. It does not apply only to "bulk" mailings. If you send an email message to one individual and are soliciting new business, that may fall under the purvey of CAN-SPAM.
CAN-SPAM defines commercial messages as, "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service..."
According to the CAN-SPAM legislation, commercial messages must meet these five requirements:
| CAN-SPAM Requirement | HTN's Comments | |
| 1 | The message must have correct header information. | Normal email messages sent from properly configured email software will have correct header information and working return addresses. Obviously, do not intentionally forge the headers or the return address or the identity of the sender. Just as important, though, is to assure that any new software that you use to send email is correctly configured. Likewise, if you switch email accounts, be sure that your software is set up correctly before sending an advertisement. |
| 2 | The return address must function properly for at least 30 days after the message is sent. | |
| 3 | The subject line must accurately describe the content of the message. | This should not be a problem for legitimate businesses. If you have a great offer for your customers, you will probably say so in the subject line. Do not use a subject line like Great Joke to tempt people to read your advertisement. |
| 4 | Stop sending email within 10 days of receiving a request to be removed from a mailing list. | If someone asks to be removed from your mailing list, do it. You have 10 days to comply. |
| 5 | The message must contain the following:
|
Assure that your advertisement states that it is an advertisement. State this clearly and up front. You might even put "[ADV]" in the subject line. Make it easy for the reader to figure out how to get off of your mailing list. Include your postal address in the body of the mail message. This is new and many businesses have not done this in the past, often including only a phone number or the URL of a web site within the email message. The law is very clear; you must now include your postal address. |
Transactional or Relationship Messages
CAN-SPAM specifically does not regulate messages that deal with a business transaction that is in progress or with a current business relationship.
See Also
The text of the CAN-SPAM legislation can be obtained from Thomas at the Library of Congress. Search for "can-spam" and then click on the "Enrolled as Agreed to or Passed by Both House and Senate" link.
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