Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Trade Commission 16 CFR Part 316 [Project No. R411008] RIN 3084-AA96 AGENCY: Federal Trade Commission (FTC). ACTION: Notice of Proposed Rulemaking; request for public comment. SUMMARY: In this document, the Federal Trade Commission (“Commission” or “FTC”) proposes rules pursuant to several distinct provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM” or “the Act”). Specifically, section 7702(17)(B) grants the FTC discretionary authority to prescribe rules modifying the Act's definition of “transactional or relationship message.” Section 7704(c)(1) authorizes the Commission to adopt a rule modifying the ten-business-day period senders (and those acting on their behalf) have under the Act to process recipients' “opt-out” requests with respect to “commercial electronic mail messages.” Section 7704(c)(2) authorizes the Commission to adopt a rule specifying activities or practices that would be considered “aggravated violations” by section 7704(b) of the Act, in addition to the aggravated violations already specified in the statute. Finally, section 7711(a) gives the FTC discretionary authority to “issue regulations to implement the provisions of [the] Act.” This document invites written comments on issues raised by the proposed Rule and seeks answers to the specific questions set forth in Part VII of this NPRM.…